Category Archives: Law

February 22, 2016 · 19:44

Within the realm of privacy

We all have an inherent need for privacy, we want things to be at our leisure of contemplated sharing. Yet, what is privacy? On one side we want privacy, but the next moment ladies will share whether their carpet is a landing strip or a martini glass, I for one do not care. If they want to share certain parts that’s fine with me. I am not too much about sharing. On the other side, apart from a few MP3 files, there is nothing interesting on my mobile. I reckon that my mobile is one of the dullest ones around.

So when I initially heard about the FBI wanting to access the iPhone of Syed Farook, I shrugged my shoulders and went ‘whatever!’ meaning that I was not opposed and I did not care. It was the techdirt site that has an interesting fact from the court case.

“Footnote 7, on page 18 details four possible ways that Apple and the FBI had previously discussed accessing the content on the device without having to undermine the basic security system of the iPhone, and one of them only failed because Farook’s employers reset the password after the attacks, in an attempt to get into the device“, so the boss went into ‘auto-moronic’ mode and did not check? He acted without knowing? So when we see “The ‘owner’ of course, being the San Bernardino Health Department, who employed Farook and gave him the phone. Basically, what this is saying is that if the password hadn’t been reset, it would have been possible to try to connect the phone to a ‘trusted’ network, and force an automatic backup to iCloud — which (as has been previously noted) was available to the FBI. But by ‘changing’ the password, apparently that option went away“, should we consider that his boss was stupid, or that his boss was scared he had done something wrong and this was his/her way of covering the mess up? (at https://www.techdirt.com/articles/20160219/17463033656/footnote-reveals-that-san-bernardino-health-dept-reset-syed-farooks-password-which-is-why-were-now-this-mess.shtml).

For the record, that was clear speculation on my side!

What happened was that Apple, the firm that initially ‘screwed over’ its customer base with error 53. A few days ago, the Guardian reported ‘Apple ordered to decrypt iPhone of San Bernardino shooter for FBI‘ (at http://www.theguardian.com/us-news/2016/feb/17/apple-ordered-to-hack-iphone-of-san-bernardino-shooter-for-fbi). In there we see the important quote: “In 2014, Apple began making iPhones with additional encryption software that they said they could not unlock, even if faced with a court order. Apple said this was done in the name of consumer privacy and cybersecurity, but the company has been locked in a public feud with the FBI since“. I understand that there is a need for privacy. My issue is why THIS level of privacy is needed. One could speculate that this is to keep the financial adviser’s customer base happy. I reckon that those people look for other means the moment their actions could be monitored, or investigated afterwards. Again, speculation from my side.

You see, I do not comprehend why law abiding citizens are so in fear, of what the government finds out. Most people can’t stop selfie themselves, their fashion and body parts to social media on a global scale. They tend to Facebook all details, especially when they are far away from home to ‘all’ their friends, so that the department of discreet entry and removal operations can empty their homestead in the meantime. With so much sharing, what privacy do you think you still have?

So back to the Granny Smith of automation, the next article (again the Guardian) gives us ‘FBI escalates war with Apple: ‘marketing’ bigger concern than terror‘ (at http://www.theguardian.com/technology/2016/feb/19/fbi-apple-san-bernardino-shooter-court-order-iphone), here we see the subtitle ‘Court filing from Department of Justice says Apple is more concerned with ‘its marketing strategy’ than helping FBI unlock San Bernardino shooter’s iPhone‘, which is fair enough when we consider that a failed marketing equals an alleged death in those houses. The quote “Cook called for public debate and has been backed in his fight by some of tech’s biggest names, including Google’s chief executive Sundar Pichai, WhatsApp and whistle-blower Edward Snowden“. I think that this is less about Americans and more about the 7 billion non-Americans that have this false fear of the CIA and the NSA. Yet in all this, the only true group to fear this is the 0.0001% of the population, I do not even register and in that regard most do not even register. Like the previous mass surveillance marketing ploy, simple fear mongering.

Now, let it be said that I have nothing against a person’s privacy and there is nothing wrong with wanting privacy, yet when we consider the 1.5 billion on Facebook, the 100 million on Instagram, the 307 million on Twitter and over 100 million users on Pinterest, we have well over 80% of the iPhone users on social media all sharing from mere events attended up to the grooming of the most private of parts, Which makes the shout for privacy a little too hilarious.

So how does this fit legally?

Well first there is the part that the DoJ is now relying on. It is the All Writs Act of 1789, which states “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law“, which sounds rather nice,

Yet the fact that the DoJ needs to rely on an act that has, according to several press sources, only been used thrice is a little too novel.

When we consider that the ‘self-destruct’ was enable by Farook’s boss (making the device useless to thieves), only leaves the DoJ without options. What is interesting is when the last cloud backup has happened, had it happened at all? Too many question that are all in the realm of speculation and none of it gives way to legislation. The question becomes should it be? I am not opposing the FBI, CIA or NSA. Yet these alphabet groups do know that they are fishing in murky waters. You cannot expect a corporation to set a product meant for 1,000 million to have options for the internally build exemption of 5,000-7,000 users. The math just does not add up!

I was talking about the legality, so let’s continue there.

In McCabe v British American Tobacco Australia Services Ltd,’ and the appeal, British American Tobacco Australia Services Ltd v Cowell (Representing the Estate of McCabe (deceased)), exposed some of the difficulties that plaintiffs who sue large corporations may face in litigation involving access to documentation. The Victorian Court of Appeal reversed the first instance decision which had struck out the defence of a tobacco company (‘BAT’). The basis for the first instance decision was that BAT had systematically destroyed documents that might have been relevant to the plaintiff’s case. It important to state WHO destroyed documents. You see, in case of Farook it was the boss who ‘destroyed’ the options for information retrieval. The important issue is that INTENT becomes near impossible to prove. In addition that case gives us: “The High Court declined the opportunity to clarify the law in this important area by refusing leave to appeal. The effect of this case, absent statutory reform, is that corporations may destroy potential evidence provided that their actions do not constitute an attempt to pervert the course of justice or a contempt of court. These are notoriously difficult to establish” (source: Playing for keeps? Tobacco litigation, document retention, corporate culture and legal ethics by Matthew Harvey and Suzanne Lemire. The reason for going towards this case is that the entire approach to mobile architecture and auto-backup could instigate updates where the mirror is encrypted extern from Apple. Which means that any phone would have an XML set-up and data object, but the object would be irretrievable. The ‘responsibility’ for proper password maintenance would be kept with the ‘client’ or end user. Taking Apple out of the equation leaving the DoJ with the apple pie made from the famous Granny Smith (AKA Janet Abigail Doe).

This takes the entire cyber conversation towards Spoliated Evidence, where we see “a party is faced with the fact that certain key evidence has been destroyed, altered, or simply lost“, destroyed implies intent, but proving that is next to impossible (which got us the tobacco case. Altered is basically what the DoJ faces as the boss decided to reset the password, again malicious intent becomes next to impossible to prove, whilst lost is not in play in this case but could clearly complicate the issue if that was the case, as the DoJ would have no implied evidence at all.

This entire endeavour goes even further south when we consider Federal Insurance Co. v. Allister, 622 So. 2d 1348, 1351 (Fla. 4th DCA 1993), where the Fourth District decided to set forth five factors to consider before imposing sanctions for spoliation of evidence. They were:

  • whether there is prejudice;
  • whether the prejudice can be cured;
  • the practical importance of the evidence;
  • the good faith or bad faith surrounding the loss of evidence;
  • Possible abuse if the evidence is not excluded.

As bad faith is now linked to the degree of wilfulness, we get back to intent. If mere ‘negligent loss’ does not cut the cake and the cake cannot be devoured without the essential evidence, the entire issue goes nowhere really fast. Basically, it boils down to the boss of Farook having one set of glasses on with the limiting mindset of cost if his mobile was ‘abused in usage’, leaving Apple in the clear shrugging their shoulders going ‘not my problem now’, whilst in all this we are left with no evidence linking to intent or malice. That small scope that was available will in all expectations to be diminished further. It basically solves all of Apple’s problems.

In the need for privacy we have gone from exceptionally rare to just hilariously ridiculous. The Guardian article (at http://www.theguardian.com/technology/2016/feb/20/apple-fbi-iphone-explainer-san-bernardino) shows in equal measure another side. Which comes from Senator Ron Wyden, Democrat from Oregon. Here we read “Some are calling for the United States to weaken Americans’ cybersecurity by undermining strong encryption with backdoors for the government,” he wrote on Medium on Friday afternoon. “But security experts have shown again and again that weakening encryption will make it easier for foreign hackers, criminals and spies to break into Americans’ bank accounts, health records and phones, without preventing terrorists from ‘going dark’“, as such correctly implying that the medication will end up being a lot worse than the disease they face. In addition to that, should Farook have relied on another path, for example receive orders and message a ‘guild’ within a Facebook RPG game, the wasted time on the iPhone becomes nothing more than an iconic episode of the Comedy Capers. With these games receiving billions of messages a day, parsing though 1 of a dozen games would take years. The fact that none of this required any encrypted android or IOS system, just a mere desktop like millions of students use makes for the case against the Alphabet teams. When looking at Extremetech, we see a quote that is important in all this, the quote: “how terrorist organization uses social media to spread its message and radicalize curious readers. GWU’s research found that while ISIS uses a wide range of services, including Facebook, Google Plus, Kik, WhatsApp, and Tumblr, Twitter is the social media site of choice. Twitter already patrols and bans the accounts of ISIS supporters“, it casually forgets the 3-4 dozen accounts that do not raise any flags, the accounts that ACTUALLY bring details of the attacks to the transgressors.

 

 

 

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February 20, 2016 · 12:25

Omphalos and its syndrome

This syndrome comes from the references of Delphi and the ‘navel of the world’, which is what Delphi was regarded as. Nowadays, we see Omphalos syndrome as the misguided belief that a place of geopolitical power and currency is the most important place in the world.

I believe that to be no longer correct, I believe that it has been ‘converted’ into something slightly more generic. I believe that it should be seen as ‘the misguided believe that its choice of management and achievement of profit are the most important in the world’. Let’s take a look at a few examples.

 

A is for Apple

‘Apple apologises over Error 53 and issues fix for bricked iPhones’ (at http://www.theguardian.com/technology/2016/feb/19/error-53-apple-issues-fix-bricked-iphones) shows the first example. The entire error53 mess is a direct example. It goes on to the core that we now see “Apple has released a fix for users affected by “Error 53”, a software issue that rendered useless iPhones that had had their home buttons replaced by third parties“, The initial response “At the time Apple said that Error 53 was a security feature to protect customers” reads like a joke. The mere alternative that was open was that any non-Apple certified method meant the wiping of data would have been enough. It took me 5 minutes to come up with that solution. A mere auto wipe of all data. No we have to read quotes like “Apple has apologised for Error 53 and said customers who paid for an out-of-warranty replacement for their phone should contact AppleCare about reimbursement” as well as “Solving Error 53 does not re-enable Touch ID, as a third-party replacement of the home button could potentially allow unauthorised access to a locked phone by modifying the fingerprint sensor“. It would have been the simplest of solutions to go through the re-enabling system again. All these simple solutions, all because apple wanted to enforce the repairs of their phones to what they consider to be THEIR allowed service repair shops. An application of greed, to maximise profits, not the openness of what was once the Apple OS X through a Unix open source system, but the mere stranglehold of a greed driven corporation. It was brought to light by several articles in the Guardian and an initial customer service based solution comes “after widespread publicity and the Californian tech giant being served with a class action lawsuit over in the US and attention from a competition watchdog in Australia“, I wonder how many IOS people will start considering Android now.

 

E is for Eisai

This event is taking us back a fair bit, around 2000 Eisai came with its Alzheimer’s drug Aricept (donepezil). The fact that profits grow by 100% might not be the biggest thing on the planet. Yes when the LA Times (at http://articles.latimes.com/2012/mar/22/health/la-he-aricept-fda-20120323) reported “FDA officials should not have allowed it, the authors said, because the clinical studies Eisai offered in support of its application did not meet standards the agency itself had laid out“, in addition we see “it failed to yield the improvements that the FDA had set as a condition of approval“, in all this a clear investigation did not take place. It is still allowed, mainly because it is FDA approved. We see in other sources the claims like “Further, the higher dose was not superior on either of the pre-specified secondary outcome measures, which, as the FDA medical reviewer pointed out, argues that the cognitive difference was not meaningful“, which we get from the FDA Center for Drug Evauation and Research. Application number 022568: medical review. Aricept 23 mg tablets. (at www.accessdata.fda.gov/drugsatfda_docs/nda/2010/022568Orig1s000MedR.pdf), when we consider the source http://www.nhs.uk/news/2015/10October/Pages/Cheap-Alzheimers-drug-may-help-keep-people-out-of-care-homes.aspx, where we get the quote “a year’s worth of donepezil costs around £21 a year, compared with a year’s worth of care home costs – estimated to be between £30,732 and £34,424 a year. If the results of the study were replicated at a population level, this could save the NHS a considerable sum of money“.

This is where we see another version of Omphalos syndrome, “the misguided believe that my version of cost cutting is the best in the world“, at this point, we should investigate the players and consider whether a case for criminal endangerment exists. The fact that sources have shown ‘evidence’ as per 2007 gives rise to a failed system, not just the NHS, but the leeway for pharmaceuticals as, from the given reports failed to yield the improvements that the FDA had set as a condition of approval, making the question why on earth was it approved at all and why are certain diseases used for marketing a cash cow, more important why is the NHS not loudly and outspoken dealing with this? Especially as www.NHS.UK is involved in promoting articles in favour of Aricept (donepezil).

 

I is for Insight Enterprises

This is a side that rests with Omphalos, yet in all this it is in equal measure a situation we must accept. Insight Enterprises did nothing wrong, it made a choice, it’s governing body stated ‘this is the best path, this is the golden solution’, we must accept that any governing body, being it corporate or governmental will be ‘smitten’ with Omphalos Syndrome. So as Microsoft changed the partner program in 2014, Insight Enterprises saw the filling of its corporate coffers trickle down to zero. (at http://www.crn.com/news/channel-programs/300079674/insight-enterprises-absorbs-another-hit-after-microsoft-partner-program-changes.htm). We can debate the mess Insight Enterprises received, the near simple answer is that Microsoft had to change programs, any large corporations will do that. Any program they offer and device tends to be ‘fluidic’ over time. Yet when we see the quote “The changes also affected Microsoft’s Licensing Solution Providers, like Tempe, Ariz.-based Insight, which are the only partners Microsoft allows to sell licensing agreements to large corporations“, which is now showing another side. Does this make Microsoft narcissistically selfish or just plain sociopathic? You see all narcissists are selfish, but not all selfish corporations are narcissistically in nature (which is proven as greed we put the greedy in front of a mirrors), yet in all this, is this a sociopathic side in Microsoft? Well, that is a debate for another day as the entire Omphalos topic would soon get too murky.

 

O is for Omphalos

As shown in the last example, we tend to see Omphalos in a bad light. Which is not all correct either. On the other side we can take Bill Gates and his Omphalosian approach to IT. This got us DOS and later Windows. On the far side of the scale of limiting, there is the view of the truly visionary, but that view needs a start. Here the Omphalos syndrome works in another way. As I see it, we can accuse Bill Gates, Steve Jobs and Larry Ellison on that list. Yet, we only did that AFTER they became successful, the not so successful are usually never heard of again.

In this world today, the foundation of ‘the most important place in the world’ is less and less applicable, it becomes a world of solutions, an amalgamation of aggregated values (the European Economic Community being a nice example). Yet the foundation of how to go about it was done in a very Omphalosian way. Especially when we consider the past blogs on how only self-proclaimed departures were the option. Which is exactly where Brexit is now. As Brexit gains momentum we see that the Omphalosian solution was the most dangerous here, it took one of the smallest nations (Greece) to push their non-accountability for the entire EEC to be in turmoil, with now a decent chance of collapsing the EEC as well as the Euro as a coin. Even as the United Kingdom is not on the Euro, France is and a Brexit will soon push for an additional Frexit. In that regard, the Financial Times quoted Florian Philippot who stated “the idea of challenging greater EU integration had become “taboo” in Europe. “The more we talk about it, the more people will vote against it,” he said” (at http://www.ft.com/cms/s/0/58f9cc98-ce51-11e5-92a1-c5e23ef99c77.html#axzz40fDAW3BL). This is yet another side of Omphalos, actually two sides. The foundation of Omphalos is based on one view, if that view does not evolve or alters as time goes by, that view becomes less and less actual. The view becomes an act of obstruction at best and debilitating at worst.

In the second part, we have forever seen the Omphalos syndrome in its power core on the scope of government (read: Communistic), in that view we forgot that it is corporations with their view on the ‘only’ solution that is now impacting the lives of people in several (read: many) nations. In that same view we see that the old approach to currency is no longer the same. Most values are too dependent on independent views of static organisations and their push for changed industrialisations. How come that the value of a coin is now directly impacted by places like Dow Jones index, Nasdaq, Standards and Poor, the IMF, the ECB and so on? Governments allowed themselves to be directly be valued from what is perceived to be an ‘independent’ side. This is the other part that drives Brexit and other plans to no longer be part of anything. There is a near global consensus that these sources can no longer be trusted. That their view is to some extent ‘Greed Incarnate’.

As I see it, there is no true independence anymore. When we read that Eagle Capital Management Invests $293000 and that J. W. Burns & Company Has $533000 invested in in SPDR Dow Jones Industrial Average ETF (DIA). When the index itself is invested on, the expectations of improved value must be met, where does that leave us?

 

U is for You!

Even when we see the old and the new versions of the Omphalos syndrome, we need to realise that what once seen as short-sighted and limited is now not so limiting. It remains (as I personally see it) as short-sighted as it ever was (only in the rarest of occasions is it visionary), but now, the impact is no longer limited to one government, now its short-sighted impact is nearly global. It hits parties in many nations and it does not stop there. You see in a governmental approach it is ‘set’ to be what is best for its citizens and in case of the EEC it is what a group of nations see. Now consider the application from corporations that impacts governments on a global scale, offices of standards that impact the dangers to lives on a global scale as it does not enforce its own given values. How can we be aligned to a limiting view that could cost us our lives and our choice of living?

So as you consider ‘the misguided believe that its choice of management and achievement of profit are the most important in the world’ also strongly consider what it will cost you, not now, but down the track.

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February 16, 2016 · 19:31

Fear mongers cannot learn, will the reader?

The technology section of the Guardian had an interesting article (at http://www.theguardian.com/technology/2016/feb/13/artificial-intelligence-ai-unemployment-jobs-moshe-vardi), ‘Would you bet against sex robots? AI ‘could leave half of world unemployed’‘, is that so? So, is the title a reference that 50% is in prostitution, or is there more?

The article starts straight of the bat without delay it gives the quote: “Machines could put more than half the world’s population out of a job in the next 30 years, according to a computer scientist who said on Saturday that artificial intelligence’s threat to the economy should not be understated“.

I remember a similar discussion now 35 years ago. It was 1981, I was working on the defence mainframe and I got the inside scoop how computers would replace people, how those machines would put hardworking people out of a job and a future. In the first 5 years that followed I saw the opposite, yes some work became easier, but that also meant that more work could be done. The decade that followed gave us an entire new region of technology. A region that would open doors that had never been there in the first place.

This technology is not any different, it will open up different doors.

Now, the people in ‘fear’ of it all are not the most half-baked individuals. They include Physicist Stephen Hawking and the tech billionaires Bill Gates and Elon Musk, in addition there is professor Vardi from Rice University, his statement “AI could drive global unemployment to 50%, wiping out middle-class jobs and exacerbating inequality“, I massively disagree here. The words of Elon Musk calling it “our biggest existential threat” and in addition professor Vardi stated “humanity will face an existential challenge“, those two comments are closer to the reality. Yet here too I believe changes will dominate. Consider a few years back, back to the time when I was younger then young (like 900BC roughly), in an age of Greek wars and utter ‘nationalism’ the Olympic truce was created. “Ekecheiria”, was established in Ancient Greece in the 9th century BC through the signing of a treaty by three kings: Iphitos of Elis, Cleosthenes of Pisa and Lycurgus of Sparta. (Source: olympic.org) There was a lull but in 1896 it started again. An event, which origin was to create an option to not be in a war and to compete. Of all the existential angst we have, robots should not be on the list any time soon.

My reasoning?

As we saw the start of recruitment for Mars, a serious recruitment to start colonising mars, we must admit that there are issues on mars, several could be diminished with the use of intelligent robots. Or perhaps the idea that NASA is looking on how to get resources from asteroids, so how about that Android solution? The BBC gives us the speculation on ocean living (at http://www.bbc.com/future/story/20131101-living-on-the-ocean), again an element where we do not thrive, but a robot could pave the way. In my own view, with the massive energy issues, how long until someone has the idea to place paddled wheels above a hydrothermal vent in the ocean to capture it as an energy source? Not the kind of work a person can do, a machine could, and an AI driven one could excel there. Just three places where we could end up with more and not less. Yet Vardi does give an interesting side, if robots replace people to some extent, that value of physicality might be lost. Now ask the bricklayer if he could do something else, would he? There is indeed the danger that physical labour becomes less and less appealing, yet that does not mean it will be gone. It would take at least half a century for things to be completed, whilst in that mean time new evolutions start, new challenges start.

More important, much more important is the one fact people tend to avoid out of fear. But you the reader, if you are over 45, consider that in the near future you will be dead! So will 3 out of 7 of your friends. Yes, the population is growing, yet the age groups are shifting, this implies that robots could be a solution for some of the work areas that do not require academic thinking. All these opportunities, not threats!

So as we see a new iteration of fear, is this version more valid than then the previous one? With that I mean the implementation of the PC. Perhaps having another set of less fear mongering eyes would help. The second part people forget is that fear mongering is also a drain on productivity here. Even as we speak Japan has a lead in this market, as does America. So how about we start getting ahead of the rest, so that is wrong with the commonwealth picking up a robotic skill or two, because one truth remains, once the other player get too much of a lead, the consequence will be that the followers are not considered for the creational jobs here and that is where the real mulah is, the IT explosion taught us that and that field grew a multitude of billionaires, the next technological iteration will do no less.

I am not alone in my way of thinking, the writer Nicholas Carr gives us: “human creativity and intuition in the face of complex problems is essentially irreplaceable, and an advantage over computers and their overly accurate reputation“, which is where the new future will head. Not to create robots, but the creativity to make then excel in extreme places where we could not comprehend until out boundaries are clearly mapped. So how is this news such an eyeopener? Well, when we get back to the beginning we saw “artificial intelligence’s threat to the economy“, as stated, much like the Personal Computer, it will not be a threat, but a solution, an opening into a new arm of the technology sector, even more important, this is not just a IT only field. It will require quality engineers and depending on the application of the scene. This means that we get new challenges, different ones mind you, but not lesser ones?

In that regard, depending on the implementation, it will require analysts, engineers, programmers and a few others on the list of adepts.

all these options and we did not even need to get close to the technological design of the new age cybernetic machines for the purpose of erotic exploration (level 1 at http://www.vanityfair.com/culture/2015/04/sexbots-realdoll-sex-toys), which is nowhere near an AI experience, time will tell how real that field becomes. Consider the age of STD’s we see nowadays. Mycoplasma Genitalium might be the new ‘trend’, as it can be cured with a mere one week setting of anti-biotics. So how long until it evolves into something that does not cure? Yet we do not even have to go that far, consider all the areas where man (or woman) cannot function, the risk too high and the rewards become too low. Here comes the clockwork system (aka the AI robot) and we are back on track.

So I see the robot as a positive wave. For careers, for jobs, for business evolution and for evolving technology. We only need to see the light of creation and we will end up with a lot more options than we bargained for.

 

 

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February 15, 2016 · 21:33

Is there a doctor on this budget?

The title ‘Is this doctor (and Ukip candidate) right that EU migrants will destroy the NHS?‘ seems inflammatory to say the least, but the reality is actually a lot less appealing. Even when we see today’s article: ‘NHS vows to transform mental health services with extra £1bn a year‘ (at http://www.theguardian.com/society/2016/feb/15/nhs-vows-to-transform-mental-health-services-with-extra-1bn-a-year), the quote “People facing mental health crises will be able to get community care 24 hours a day, seven days a week as part of the biggest transformation of NHS mental health services in England for a generation, to be unveiled on Monday“, that quote now reflects back to the initial NHL article. There we see that Professor Angus Dalgleish is giving us another view: “He says the NHS is on its knees and “could collapse completely” because of immigrants from the EU that we are legally obliged to treat“, so even as the Guardian is hiding behind the identity ‘Pass notes‘, there are issues. The first is the unintelligent trivialisation by ‘Pass notes‘. The quote “Eighteen British hospitals made £42m from people coming here for treatment on 2010” is just too ridiculous to be considered valid. I am not stating that it is a lie, but consider that the NHS budget is set to be around £115b for 2015/2016, that £42m amounts to roughly 0.000365%, so how insignificant is that trivialisation? Especially when we consider that many papers (including the Guardian) reported the NHS to be £1.6b in deficit, so there is an issue already.

Now we get the next step.

From several sources we see that refugees are coming. That is not an accusation, or negativism, it is merely factual that over the next 5 years 20.000 refugees will arrive. Now consider that these people come from actual devastated locations, on a horrendous trip that has lasted years (including their stay in refugee centres) to get to the UK, if only 75% needs mental health care, the UK should be thanking their lucky stars. So that £1bn will not last too long, especially considering the current population is in dire need of mental health in one form or another. So as ‘Pass notes‘ complains the quote “But I expect doctors to be liberal! By which I mean intelligent! By which I mean liberal! We expect much. And sometimes we are disappointed“, which is just the Guardian showing that its own values are not set on intelligence. The NHS itself states: “However, if you are now living in an EEA member state and pay into a state healthcare scheme then you are entitled to apply to that member state for an EHIC. Under EC law, this entitles you free of charge to ‘all medically necessary treatment’ here, which provides a greater coverage than that mentioned above since it includes routine treatment for chronic conditions such as diabetes“, which gives way to the claim that Professor Dalgleish is making. In addition the National Health Service Act 2006, section 83 states that “all reasonable requirements to provide or secure necessary primary medical services for all patients, irrespective of their immigration status, within their areas” must be met, this is a legal duty for the primary care trust as reported by the Primary Care Commission (at https://www.pcc-cic.org.uk/sites/default/files/articles/attachments/pcc_briefing_-_illegal_immigrantsv6.pdf), which now implies that Professor Dalgleish has indeed reported an issue that the Guardian casually trivialises. Yet, we must also ask, what if the Guardian is correct? Well, section 83 of the National Health Service Act 2006, literally states at s83(1) “Each Primary Care Trust must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to provide primary medical services within its area, or secure their provision within its area“, which bakes the cake on one side. The issue is however not done, it is about to get a lot ‘worse’, because s83(2)(b) gives us: “A Primary Care Trust may (in addition to any other power conferred on it) make such arrangements for their provision (whether within or outside its area) as it considers appropriate, and may in particular make contractual arrangements with any person“, which now gets us two elements:

  • Make contractual arrangements with any person, which also implies that it could be a contract set at £0.00.
  • Arrangements for their provision (whether within or outside its area), which now implies that the Primary medical services can transfer a refugee or illegal immigrant to psychological care and/or specialised mental health clinics.

So ‘Pass notes‘ is not reflecting on the dangers that Professor Dalgleish was trying to illuminate. More important, these issues have been known for some time. Issues on these elements have been illuminated in plenty of publications going back to 2012. There is even more information at http://www.commonwealthfund.org/~/media/Files/Publications/Issue%20Brief/2012/Dec/1650_Gray_hlt_care_undocumented_migrants_intl_brief.pdf, yet overall they tend to give the same reflection, especially when you look at page 3, where the cubic impression titled ‘Exhibit 1. Three Dimensions of Health Care Coverage Policy for Undocumented Migrants‘, gives rise to the massive growth of costs that could be associated with migrant health care (not to mention due to incoming refugees).

So how much valid weight can be given to the statements of Professor Dalgleish? I personally believe that the weight of his statements should be weight on a debatable high level (evidence to follow at the near end). The issue is not just regarding the costing the immigrants and refugees bring, the fact that the Euro systems is wreaking havoc all over the world is an equal concern. I cannot state for certain what will be the best path, what is a given is that trivialisation was never an option.

When we add ‘Jeremy Hunt on the NHS: ‘I think this decade needs to see the quality revolution’‘ (at http://www.theguardian.com/politics/2016/feb/15/jeremy-hunt-on-the-nhs-i-think-this-decade-needs-to-see-the-quality-revolution) to the fold, the plot thickens. You see, quality revolution sounds fair and essential, it is in fact at resent likely the least important part. There is a massive shortage of medical professionals, there is a lack of funds and that lack can be sized into the billions. This implies that quality, though nice is nothing compared towards the lack of resources. Which gets us to the Junior Doctor contracts. You see the quote “none of the 152 foundation trust hospitals in England will be obliged to force their junior doctors to accept the deal and can instead offer them better terms“, which gets us back to that massive deficit and more important, what additional pressures will be added onto it?

That is a part which has been known for a while, I voiced it at least 2 years ago and the current investigation that the BBC gave visibility to in January 2016 (at http://www.bbc.com/news/uk-scotland-scotland-politics-35361908) is still centre in all the issues that will come. You see, without a proper IT system, the NHS will have less and less options to streamline any solution, with that I mean larger operational matters for streamlining. Even as Tavish Scott (Lib Dem Scotland) asked on who got figuratively axed, we got the answer: “The chair of the board is no longer there, the chief executive is no longer there and the chief finance officer“, a very unsatisfactory answer. When we consider “he was not informed of a ‘fundamental flaw’ in the system being delivered for 22 months, adding “other, more junior staff were aware of omissions” in the contract, “but they didn’t tell me”“, we see a systematic shortening of another matter. The fact that junior staff were aware, implies that the documentation was an issue from day 1, in addition, no clear QA protocol was in place. No drilldown teams, from Junior to board member line was in play and overall the system was beyond merely defective. Consider the simple quote: “Mr Turner, who signed the 1,000-page contract for the IT system in March 2012, said he felt “very let down” by a senior colleague, saying they “didn’t advise me at all”“, can anyone explain to me, how such a document does not come with an excerpt chapter by chapter (by members of the NHS) underwriting per chapter how the contract impacts the NHS, the system and their services? A mere SWOT analyses (Strengths, Weaknesses, Opportunities and Threats) would have made all the difference before signing. A waste of £40-£50 million is more than just a few doctors, the lack of such a solution will give additional worry to the claims Professor Dalgleish made. In light of refugees, illegal immigrants and costings, the lack of oversight will soon pressure resources down further.

This all gives a clear view that a doctor is required to take the pulse of the budget. It is billions in deficit and the drain will only increase. The fact that most parties have not given clear light to several sides is only a first reason why Ukip is gaining momentum. That view goes a little further when we consider “Committee convener Paul Martin said there must have been issues with management if staff did not feel able to come forward“, Scottish Labour has more than just a point, the issue becomes why junior members were not asked directly. Someone had to make an inventory, which means that the step was skipped, or intentionally overlooked. That now gives way to the fact that axing three members is not nearly enough. There is, what could be regarded as an institutional failure within the NHS. Considering that the NHS 24 is only one of several systems that are not on par, or even worse, then never got properly managed is proof further still that the NHS cannot handle too many pressure points at present.

What was wrong from Professor Dalgleish is that ‘EU migrants’ are only one of several straws, each currently heavy enough to separately break the camel’s back (read: NHS), which might be a case that the professor was trying to make, but ‘Pass notes‘ was too busy writing lame non-jokes, whilst the editor of the Guardian remained absent in this matter, which is why its readers are left in the dark (and in the near future untreated too). It was interesting to see that Rochdale Online did give more information through the statement by Louise Bours, UKIP health spokesman and North West MEP.

Here you must ask yourself the question: “Is this all just a storm in a teacup?” Especially as the larger papers ignored the ‘Dalgleish matter’. I myself expect that the statement from Dalgleish is out of context and incomplete. This failing as other elements that are driving the NHS over the cliffs were ignored could have been an option to illuminate why Ukip might not be the answer, yet as we see these levels of trivialisation, people are wondering the why; mainly because no clear explanation is coming forward they start to listen to Ukip more and more. Which is EXACTLY why I wrote the initial view with supporting documentation of a more academic level. So it is not a storm in a teacup, as we can clearly see that the NHS could be seen as close to ‘terminal’, but the factors here are a lot more than just the EU-migrants, what is a given is that unless certain things change, the EU-migrants could be breaking the NHS back, but that is equally a given for a few more factors that are currently in play.

Should any of these elements drive you crazy, then you will be equally out of luck as the BBC reported that finding a mental health spot has become pretty impossible, in that element alone, the £1b might be a great help, but there is a decent chance it will not be enough, because it is not just the beds that are unavailable, services are an equal worry, services that require staff and the refugee pressure will only add to that shortage (which is not the fault of these refugees mind you).

 

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February 9, 2016 · 22:15

Prazosin for Bankers and Politicians

We all have views, we all have opinions and we all have insights. That is our right and I would never deny those rights to anyone. Yet, in any light, should we stop asking questions? Should we decide on one voice being more trustworthy than another one? Should a mere reference or the right PDF be value to that? That is a question every reader should have. You cannot just select one option and ignore the second one without evidence. Some we trust on their word, some sources we trust, and in other cases we trust our own gut feeling. Whatever choice you take here, you must always hold onto scrutiny that what you become aware of. Some you can decide on because of logic, some due to education and experience and some are based on the trust that others give it.

That is the first token, as I see it in any given situation.

When we get back to my previous blog (We do not Care Bears), I mentioned elements in the upcoming Brexit reference. In there a prominent Police Minister of State, namely Rafal Trzaskowski mentioned on the cost for Britain, with the additional mention that you can’t always get what you want. Now we see another specimen of the in this case partially Polish persuasion, namely Jacek Rostowski who gives us “The leave campaign must remember the advantages that Britain has negotiated over 40 years of EU membership that will be lost – as will the UK’s main route to global market access“, is that truly the case? Do you not think that many nations will find a backdoor in any arrangement if this means that they can export to a target audience of 65 million? In addition, the statement “It is hard to see how a market of 65 million could negotiate the terms achieved by that of 500 million“, which is a truth and a fact. What is not given is that the UK is 13% of that entire population. It is one of several nations that has had enough of irresponsible spending and non-accountability.

It is the title we see again in the very and “it is for the British people to decide, but the leave camp is selling a Pollyanna vision of Britain outside Europe that will never exist“, which sounds nice and clever, yet in all this, when a population of 65 million needs goods trade will occur. It did so before the Euro, it will exist after the Euro collapses. It is the rock star (the person I have written about and against) Yanis Varoufakis that gives us ‘The EU no longer serves the people – democracy demands a new beginning‘, which is not incorrect, but it was the Greek utter unacceptable acts (by some of the previous Greek administrations) that is bringing this about. Now we see that Greece is selling itself of to any industrial with enough cash like a cheap debutante. My issue there is that as premium opportunities are ‘given away’, Greece itself will end up having less and less options to grow a national economy. I feel certain that Yanis Varoufakis knows this. Yet, in the article (at http://www.theguardian.com/commentisfree/2016/feb/05/eu-no-longer-serves-people-europe-diem25), he brings the goods that do matter “Brexit campaigners are promising voters that they can have their sovereignty and access to Europe’s single market. But this is a false promise. A truly single market, a genuinely level playing field, requires a single legal framework, identical industry, labour and environmental protection standards, and courts that will enforce them with the same determination throughout the single jurisdiction“, Yanis is not wrong, but I believe him to be incorrect. You see, he is not lying or deceiving you, the issue here is the exact statement that matters. Part one is “Brexit campaigners are promising voters that they can have their sovereignty and access to Europe’s market“, you see, Europe is not a single market, it only seems to be that way.

Take a look at this: “§24 EEG: falscher Alarm oder K.O. für Windbranche?” (Translate: §24 EEG: false alarm or KO for wind industry?), you see, there are still fractured markets, they are managed through a never-ending stream of European legislation. Consider the part “suggests that from 2016 effective six-hour rule the Renewable Energies Act (EEG) will halve revenue of new wind farms within 25 years“. Can anyone explain the utter unfathomability of this quote? (I am not saying it is a false quote; at http://www.erneuerbareenergien.de/24-eeg-falscher-alarm-oder-ko-fuer-windbranche/150/434/88817/), in my simple world, this cannot be. Consider the second quote “an oversupply of production electricity prices on the power exchange EPEX to 6 hours or more negative in a time-contiguous block are. Defacto means of temporarily stopping the market premium payment proceeds failure. That the threat potential of §24 is generally real, shows a view in the short history of the current prices in 2014, the at least six hours continuous phases added with continuously negative market electricity prices on a time volume of 37 hours, which then affected by the six-hour rule would have been. In the first half 2015 already 43 hours fell under the criteria of §24“, this implies that there are moments of oversupply. Now, that might be the actual truth, yet, this seems to imply that the entire renewable energy is linked and only allowed as addition to the fuelling of profit, when that goes renewable energy is not to be used, or to be charged negatively. (I know that my view of that quote is not entirely correct).

I am trying to state that if we truly believe in renewable energy, the moment there is an oversupply, non-renewable sources should be toned down, lowering the price of energy to the people. The article (in German) implies to me that this is another market that is driven to exploitation and profit. And what about the ‘over’ production? What if all that power fuels streetlights, hospitals, places that could benefit by not being charged for energy. If that is 6 hours as implied, we see the linked implication that 25% in cost reduction could be achieved.

In short, the single market of Yanis never existed, EEC legislation is in my view creating a fractal of legislative clustering, all with their own rules for maximised exploitation. The second part is “courts that will enforce them with the same determination throughout the single jurisdiction“, which is nice, but when the law falters on the levels is had, like, you know, jailing those politicians that spend the money Greece never had, would Greece be in such a mess? Well yes, because those laws actually do not exist. We see an influx on humanitarian laws, or perhaps better stated, a code guide to emphasize a surrealistic version of political correctness, yet how much protection did journalist Kostas Vaxevanis get? Was anything done with the published lists? Seems weird doesn’t it, that concept of single jurisdiction, does it not? Even within most national borders the idea of single jurisdiction is a bit of a stretch. Especially when we see the intermixing of issues of commercial and criminal law. We see banks not getting convicted for their actions, yet under intentional torts they could get a hefty invoice. When we get to Quasi tort, we see the case Re Goldcorp Exchange Ltd [1994] UKPC 3, where we get that the bank argued that the gold stocks had never been isolated, making all the gold customers unsecured creditors and that its security interest took priority. It is an argument that can be made, yet in all this consider the parallel where the Greek government ‘sold’ its bonds to the Greek retirement funds. Perhaps some people remember the news that the Financial Times had in Feb 2013 (at http://www.ft.com/cms/s/0/91aae2a6-75f4-11e2-8eb6-00144feabdc0.html), which gets us: “Smaller Greek state pension funds, which are only able to invest in Greek government bonds that are held by the central bank as custodian, together had losses close to €10bn over the same period“, so does that not amount to hiding debts and giving worthless IOU notes to those retirement funds? Was this ever criminally investigated? Moreover, if it is not a crime, why wasn’t there a law enabled stopping this? Even a local Greek law might have helped a lot, but we have seen in many places that certain players will get away with murder, just look at Tesco and see which players are still not under public scrutiny to see that reality.

So, I have issues with this piece by Yanis Varoufakis, yet you should read it, because it is a good piece. Yet, in all that, he never mentions to hold the people and the laws to account as they fell short in the last decade, which I believe is crucial to any progress, any true progress of a shoddy economy. Because with corporate greed firmly in place, with a bubble where power seekers can fill their pockets, we will never get any solution. The realistic fact that over 1 in 3 Greeks are now in poverty should have been a large wakeup, but it seems not to be the case. As some players want their extra cream, fat and lollies, Greece gets to end with less than nothing, something that could have been prevented in 2014, but alas, the law was inadequate.

It would not have been easier, but at least Greece might have a few options, now they have none of those and even less possessions as the valuables have been sold off, a part I was never in favour of! So, let’s get back to the Jacek Rotowsky story (at http://www.theguardian.com/commentisfree/2016/feb/08/brexit-pollyanna-vision-europe-leave-campaign-eu-uk), where we see “This reminds me of the Brussels phrase: “If you’re not at the table you’re on the menu.””, well, as I see it Poland will be, the UK is deciding that this restaurant is no longer for the UK. In that same environment we get the following Gordon Ramsay memes (I have no idea if he ever stated them as I do not watch his show).

  1. You burned the food so black, it stole my bike.

No Gordon! You placed the debt money next to the oven and its equity turned to ash.

  1. This mushroom is so raw, it says the princess is in another castle.

No Gordon! You cannot refer to the economy as an unpleasant situation and state that the other person is at fault.

So as we see how Jacek Rotowsky is about who is at the table and who is on the table, we are in actuality seeing that the UK finds this restaurant to be massively overpriced, whilst serving stale food. And they are not the only guests in attendance, you see, there are 2 dozen more people there. With the first shift (Brexit), France will immediately moving to a Bistro (Frexit), which leaves Germany and Italy in a lurch. Considering that these 4 have 70% of all the debt. Yet they still believe that moving out and taking their invoice with them will pay off for them in the medium long run mainly, because the other nations are just as bad in keeping their budgets and Greece is showing how the others are paying for their choices and errors. The only one in a bad place is Germany, because when the UK goes, so does France, unless it can make an ironclad deal with Germany, giving Italy chances to catch up, but if France goes, so does Germany and then the mess will be complete. The UK is not the first one to truly get a better deal, that is Germany, but overall both will be much stronger within 5 years. France will muddle on and the power blow that the US gets when the Euro goes is the nightmare scenario for whomever ends up in the oval office, only because greed could not be contained.

So as bankers and politicians grab the most powerful Prazosin solution they can charge their health care fund for, we see that this only dims the feeling the nightmare has, not the reality what a collapsed economy holds. That reality will be with the people, they get to learn this lesson because too many players were happy to quote unreal expectations of an improved economy, after which they would hide behind waves of managed bad news and not seek out the dangers that might have been a long term bet could now bring us the approaching reality that we see today and that could pan out to be the new life in Europe from 2017 onwards.

 

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February 7, 2016 · 21:41

We do not Care Bears

Today, or better stated, the last few days have seen a wave of articles going on, many form newspapers and several from every source possible. Mostly the message is that Brexit will cost the people. Messages like a prospectus for sale issued by the financial trading business stating “a UK exit from the EU could impact the group’s profits“, which is interesting when we consider the fact that it also states “Following the UK general election in May 2015, the UK government has committed to hold a referendum by the end of 2017 on whether the UK will remain in the EU“, which is interesting, because is that referendum not being held in 2016? Some sources stated “A deal in March could mean a September 2016 referendum“, but overall the date is a little in the wind, almost like the independence of Scotland one might state. Yet the people have had enough, Prime Minister David Cameron is very aware of it, and like François Hollande, he has his own Waterloo to deal with, in the case of Merry Old England it is UKIP. In that the Isle of Man courier had an interesting article yesterday. ‘Nigel Farage demands ‘I want my country back’ at Grassroots Out rally’ (at http://www.iomtoday.co.im/news/regional/nigel-farage-demands-i-want-my-country-back-at-grassroots-out-rally-1-7719267), which is what the British constituents want. It is what the Conservative party is trying to deliver, but the painting is not that clear. You see, the British people are ignoring a massive part in all this, yet they no longer care. Politicians on several paths are directly responsible of ignoring an angry mob.

You see, Greece is the cause of much of this, but so is the EEC and the IMF. The quote “Can we kick out the people who make the decisions for us? Can we have that fundamental privilege to govern ourselves?” is linked, it is also linked to Greece. In all this too much money is going to Greece, in addition (at http://www.businessinsider.com/tempers-flaring-up-again-in-greece-2016-2) we see that more and more protests are going on all over Greece, making their GDP shrink even more, their appeal as a nation shrink more and more. Yet the Business insider is making an interesting claim. “Prime Minister Alexis Tsipras is stuck between either pushing the reforms through to appease international creditors, or attracting the wrath of thousands of Greeks“, which is odd as they are one and the same. You see, either the creditors get pleased, if not the Greeks are pleased, so either no money and no functioning government, or raging Greeks and money in the bank. Yet, weirdly enough, the second option will forever remain a temporary solution that leads to a dead end.

You see, the parts that are central in this is legislation. In 2015 the EU has passed laws on Data Protection, GMO food laws, a Net neutrality law that reads like an episode of the Comedy Capers, yet the issue of expelling irresponsible governments, an issue visible for 5 years has not been touched. So far, the press and political parties at large refuses to acknowledge ‘Withdrawal and expulsion from the EU and EMU‘ by Phoebus Athanassiou. The fact that the ECB put its logo on that one gives it credibility (at https://lawlordtobe.com/wp-content/uploads/2015/07/ecblwp10.pdf). So that part is still not dealt with and it is making the blood of Brits boil. Not because the Greeks are in a bad place, they are angry for the mere reason that money keeps on getting pumped into all that and the people behind it walked away with plenty coin, they are not held accountable in any way and the Europeans at large are no longer willing to pay for it as they see their quality of life go into the sewers. Personally I feel that my conservative party has not done its share to acknowledge that at all!

This is what is fuelling the progress for both Nigel Farage and Marine Le Pen. So when we see the title ‘Warning from Europe: you can’t always get what you want‘ (at http://www.theguardian.com/politics/2015/jun/07/europeans-warn-david-cameron-eu-exit-would-cost-britain-world-status), we see in equal measure that those people making the statement are equally unable (read: too weak) to hold Greece to account, again a greed driven status quo that is going nowhere fast, which implies that the speakers have other interests. You see, the article reads nice, but again, there are sides we have to deal with. You see one side is that in the UK no one knows who Rafal Trzaskowski is, for the most, nobody cares who he is! Now, for the Poles, they care, Rafal Trzaskowski has grown Poland’s GDP by 25% and that sounds like an achievement (it actually is), but for others, Poland was never much more than a simple blip on the radar. Now, Poland counts, but do they? You see, when we see the quote “If Britain says ‘I don’t like the working time directive, I need an opt-out; I don’t like provisions on tobacco because they hamper my sovereignty, I want an opt-out’, it is not going to happen“, which is less of an issue. The issue has been Greece and a few other players and no one is holding Greece to account that is for many people the issue that matters. In all this the UK and Germany have options that could work if the belt is tightened by a lot and without what can be construed as: ‘the political population within the EEC shores spending money they do not have‘, that is where the wagon goes off the rails! So, yes, we can acknowledge that Rafal Trzaskowski matters for his nation and for the mission of his nation, no one will deny that. Yet in all this, it is about the British side and the people are largely fed up with the flaccid actions of the EEC, those who are in charge have painted themselves in a corner and large chunks of nations in the UK, France and Italy do not care for the colour they used. As per today, Paul Goodman reported on Conservative Home (at http://www.conservativehome.com/thetorydiary/2016/02/party-members-give-camerons-renegotiation-an-unequivocal-thumbs-down-in-our-survey-over-two-thirds-likely-to-back-brexit.html) that the conservative party members have shifted in a massive way. Over 65% are now likely to back Brexit. Add the Farage group to that and Brexit now seems a certainty. I wrote about this risk on May 22nd 2015, so almost a year ago. The press was so in ‘denial mode’ happily publishing threatening articles that involved Paul Kahn, the Airbus UK chief as well as several banks, with the HSBC amongst them (at https://lawlordtobe.com/2015/05/22/is-it-all-greek-to-you-2/), what does differ is that I had not anticipated the Conservative wave to be as strong as it is now. I feel that the realisation I learned later that Grexit could never be enforced is part of all this, and if self-inflicted expulsion is the only option, it seems that a massive part of the UK (and a growing slice of France and Italy) are now on the ‘let’s get out before it is too late‘ horse.

We know and no one denies that the UK has debt issues, but they are working through them and whilst more and more money has to go to the places that cannot hold their budget, that part needs to stop and in the last 3-5 years no clear legislation has been erected to stop that, whilst we see that a new week with more funds for Greece are needed. The UK is not the only one that thinks that the Greeks should be held to account and yanking them out of the Euro no less than 2 years ago would have been an optional solution, now that this proverbial ship has sailed, the people are looking for another solution, whilst the EEC and the IMF are pushing for a business as usual approach. Too many people in both the UK and France are no longer seeing that as any form of solution. A mere legality that could have stopped this upcoming train wreck is now out of control and the people want actual change, change that keeps them with options. Given that the refugee situation does not help, but in that case there is no blame, not for Greece and not for the refugees, but they are draining resources all over Europe, resources that were already at a low. Again no blame there, because these things happen, yet the EEC need not have happened, especially the Greek scenario, so the people, scared and in a bad place for a longer time is now pushing for any solution. A game that is so far playing nicely to both Farage and Le Pen.

So, this is not ‘news’, even if the news states it is. I have mentioned these elements a few times, long before the press caught on, what is now interesting is that the two initial parties are fuelling part of Europe, something that was until recently not a reality. Politico (at http://www.politico.eu/article/far-right-chance-europe-stumbles-crisis-euroskeptics-le-pen-enf-wilders/) gives us “In Austria, Heinz-Christian Strache’s FPÖ won 31 percent of the vote in a city election last October in Vienna, putting it in second place in a historic stronghold of the Social Democrats“, there is no doubt that the FPÖ would gain traction, but this amount is really unexpected, which is now giving additional fuel to the power of Matteo Salvini. All this because greed driven organisations wanted their status quo, they are very likely to see the hefty invoice of that mistake.

So, should the UK lead in all this starting Brexit? To be honest, I am uncertain how this is to be avoided. Those in power (especially in France) are on their way out, that part is a given, the only question becomes, who will replace François Hollande, that part is not a given, yet whomever it becomes, if Brexit did push through, France will not have any options other than uniting with Germany and Italy, hoping they survive, that is, unless Germany sees the danger of Frexit to become too realistic, they might want to get out before it hits them. In addition, because the Italian elections are not until 2018, Italy will be in the hottest of seats, which gives Salvini the least options should Matteo Renzi and/or Beppe Grillo call for the Italian exit. The last part is only a reality if both Brexit and Frexit happen, in the latter case either Frexit or the departure of Germany from the Euro could spark it, but Brexit alone will not do that.

Again it all starts with the UK, England will lead, but in what direction?

This gets us back to the conservative survey, which gives us “This suggests that, in numerical terms, the Prime Minister’s renegotiation has made no difference whatsoever to the views of Party members and that, in political terms, it has received an unequivocal thumbs-down“, this is perhaps a first that the UK is overwhelmingly controlled (read: voters) by the ‘we do not care bears‘. The people have seen so much quality of life slip away that a united Europe is a curse and not a blessing and in my personal opinion, it was all due to Greece and the need for the status quo to those profiting from it all.

 

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February 6, 2016 · 12:36

Penis Aqua Rosa Congressista

The Dutch used to have interesting names for classifying people. There was ‘Penis jujubes’ (originally: Droplul), which amounts to Liquorice Penis, which captions the non-Dutch titles dick, asshole and idiot. The other one was ‘Penis Aqua Rosa’ (originally: Lulletje Rozewater), which gets us Rosewater Dick, which is an expression for a man that has no backbone, a man that is weak and submissive. The latter one seems to apply to the US Congress in a few ways.

You see, the  article ‘Drug company boss Martin Shkreli refuses to testify to Congress‘ gives us part of it all (at http://www.theguardian.com/business/2016/feb/04/martin-shkreli-refuses-to-testify-congress-drug-daraprim), an issue that might be seen in the wrong light, if you only go by the one side of the story. You see, this is situation that Congress and their US laws created for themselves. Even if we get the ’emotional’ statement: “One member begged him to examine his conscience“, we all seem to ignore, that this is something Congress achieved all by themselves. You see the quote “Earlier, Shkreli and Turing’s chief commercial officer, Nancy Retzlaff, were criticized for hiking the price of Daraprim despite the fact it is the only government-approved treatment for the rare infection toxoplasmosis, which can be fatal for some Aids and cancer patients and endangers babies in-utero” is at the core of this.

Instead of setting up the law that fairness was at the centre of it all, politicians set the speculation that every pharmaceutical company and their fields would be ‘distributed’, that there was no overlap (for the larger extent), as such pharmaceutical had a clear field for maximised profits. How long did you think it was going to take before someone weaselled themselves into that crowd, with the simple goal of maximising his Return-on-Investment? The United States of America has always been about capitalism and living the dream. Martin Shkreli is doing just that, now we get what some might call ‘sissy noises‘ from the Halls of Congress!

Let’s be Frank (or Punch and Judy; whatever works for you), what Martin Shkreli does is utterly unacceptable, yet, it is Congress that did not legislatively clip the wings of unbridled greed. They sat around as President Bill Clinton called for the end of the Glass–Steagall Legislation. As the majority remained silent additional doors to greed got opened. In all this, the lack of visionaries in Congress, even after 2008 lacked action when it came to protecting the citizens of the United States of America. So when I see the response from a member of congress “member begged him to examine his conscience“, I will kindly tell that congressperson to cry me a river and I’ll do so whilst playing worlds tiniest violin.

Congress is in an emotional state, suddenly crying for those who cannot afford it, yet what clear provisions in legislation has it given to the coffers of the United States? You see when we consider November 23rd (at http://www.forbes.com/sites/antoinegara/2015/11/23/pfizer-and-allergan-merger-ranks-as-biggest-ever-pharmaceutical-deal) and we see “On Monday, Pfizer PFE +0.10% and Allergan unveiled an all-stock merger that will allow the combined company, Pfizer PLC, to move its headquarters to Ireland and focus on corporate cost cuts“, which is set at $160 billion, you better believe that this impacts the taxability of that corporation by a lot. As far as I can tell from the surface, the total of pharmaceutical mergers LAST YEAR ALONE is well over 600 billion, so half a trillion dollars, all now going via Ireland. How much noise is congress making there? Or do these ‘respectful’ members of congress have a few too many friends in ‘those’ circles? Better to loudly focus on the one man out as Pfizer, Allergan and a few others. Can we all agree that the difference of 600 billion, being taxed at 25%, or being taxed at 17% is worth moving house over? You see, I love Sydney, but when someone tells me that moving will get me $48 billion, I will start singing ‘My heart is in Ireland‘ and I will enthusiastically pack my bags. You see, I can always get a second apartment in Buenos Aires and life of my self-made cash cow, getting me $50K a day and still allow me to double my fortune before I retire, making me live of $200K a day until I die. That is the track that Congress left open. This can be seen (at http://www.forbes.com/sites/antoinegara/2015/11/23/pfizer-and-allergan-merger-ranks-as-biggest-ever-pharmaceutical-deal), the quote there “move its headquarters to Ireland and focus on corporate cost cuts“, can be seen as ‘tax cuts’ and now guess what a chunk of those cost cuttings will go? You probably guessed it, the gents (ladies too) of the board of directors of Pfizer.

So, when I state to the person in Congress ‘go cry me a river’, I am being pretty serious. For the mere reason after all those hard words that the media published on how this was going to get stopped, on how some African American in a non-circular room (according to whitehouse.gov) decided to call for ‘Closing Corporate Tax Loopholes’ in July 26th 2014. I am guessing that this was unsuccessful as Pfizer basically walked out with well over half a trillion. The move started in November 2015 and the press has been absent of any failure to stop Pfizer from moving away from the American non-tax havens, towards the shores of paddy’s Irish Whiskey and the real tax havens.

Let’s be clear, that this does not excuse Martin Shkreli from the acts he is doing, or would it stop me from legislatively going after Martin Shkreli if I could. The mere reality is that it will be close to impossible to do because the US Congress had enabled much of what Martin Shkreli did, which is not what they intended to do, yet it is what is the non-emotional result, so in that matter ‘examine his conscience‘ applies to a much larger extent to Congress and its need to clean up the mess that allows corporate American to get around taxation. A mess congress might not be willing to fix for the simple speculation that when not re-elected those members of Congress need to rely on large corporations for their next pay check.

I am not the only one on this horse, as far as I can tell ‘the New Yorker’ and a few others are starting to realise that no matter how objectionable the acts of Martin Shkreli are, there is now a focal point change. This focal point is about how Congress itself is part of the problem, not part of anyone’s solution (at http://www.newyorker.com/culture/cultural-comment/everyone-hates-martin-shkreli-everyone-is-missing-the-point), how there is an unlabelled coffer with funds to buy items of survival for people who cannot afford it. The New Yorker states it as “mysterious corporate bargaining, and occasional charitable acts“, this includes (as I personally see it) Pfizer and their transplanted plus 600 billion, moving to Ireland.

So even when we consider the acts of Martin Shkreli to be vile and evil, how is the inaction of Congress not worse? How is it that we cannot condone the acts of a failed administration, whilst the acts of a person who was in it for the money from day one to be such a surprise?

A man that graduated from Bernard M. Baruch College of the City University of New York, who became a hedge funds manager, ‘evolved’ as an entrepreneur and who is living the American dream.

How are any of the unfolding elements a surprise to anyone?

 

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February 4, 2016 · 23:21

Intimidating the Euro

There have been several issues in the past, some we seem to embrace as ‘dangerous’ towards the survival of the Euro, some less so. There has been a detectable increase (including from myself) into the events as they are occurring. Yet, any nation, has forever had moments of bad news, so why are we so eager to predict the downfall of a united coin?

You see, we all agree that there will be good times and times that are less so, yet in all this a level head should prevail. This means that there is balance. Nations tend to float their coin when things are poor and as decent times return, that floatation option dissipates. As nations were balanced, these waves still happen, but they were less extreme. Which meant that there were currency cycles, which is not a mystery!

So when the Euro came, a stronger more balanced currency became the global player, with a few ‘visionaries’ claiming that this is the haven of all currency. In that regard, let’s take a look at Rasul Shams (at http://ageconsearch.umn.edu/bitstream/26228/1/dp050321.pdf), a discussion paper from 2005. Here we see “One of the basic statement of a full developed theory of world money is that the world economy exhibits a specific structure, which is changing through time and that the world money adjusts to these specific characteristics of the world economy and underlies therefore itself large-scale changes in the long run. To understand the development of the world money and any long-range modification in its manifestation through time one has therefore first to study the dynamic stability of the world economy” (page 6). On Page 14 we get “Kenen (2002) and McKinnon (2002), both looking on the use of Euro in trading, bond issues, bank liabilities and official reserves, appreciate the strong role of Euro as an international currency but do not believe, it could be in a position to displace the central role of the Dollar. McKinnon refers to the reinforced Dollar standard by the ongoing price stability in the United States as the main reasons why the Dollar supremacy will continue“. In addition we see “Hartmann and Issing 2002; Huismann, Meesters and Oort 2000; Beckmann, Born and Kösters 2002), looking at the evolving international role of the Euro come to the conclusion that the Euro has indeed a great potential to expand further its international role but that this will be a long run process, not to be realised in the near future“. Now we get the first issue.

You see, certain players behind the screens must have made certain events happen to flow the Euro against the dollar as the 2004 crash became a reality. Now consider that the initial European Exchange Rate Mechanism (ERM) was introduced somewhere before 1980 to reduce exchange rate variability and achieve monetary stability in Europe. In that system the currencies were still floated to the minimalistic degree, depending on the local economy. So when the Euro became the coin, that game changed. Suddenly nations lost their personal flotilla device. Now for the larger economies like France, Germany and the United Kingdom it was not that much of an issue. There was a degree of control. The UK had even more options as they remained to keep a sterling position. The other players were however in a less favourable position. They now had other issues to deal with. As those nations all got an interesting credit card, we saw a growing problem. Greece and Ireland being the larger problems, but in no way the most deadly of them. That part must be reserved to Italy and France. The EEC has a total ‘national’ debt of well over 12.5 trillion. With 50% of that debt belonging to Germany, France and Italy. Germany was until recently safe, because their economy was decent and their unemployment rate was below 5%, this is now changing through several parts. The Germans have many sides to their economy, yet when we read that the Deutsche Bank posted a €6.8 billion loss in 2015, thanks to a €12 billion write-down linked to litigation charges and restructuring costs, and it set aside more to cover any potential litigation (at Read more: http://www.afr.com/markets/deutsche-banks-troubles-unmask-bigger-risks-20160203-gmken9), we see new dark clouds. Apart from the DB shares going down to 10% of what they were before the financial crises, we must wonder what other effects are in place. Here is part of the problem. We can state on one side that one hiccup like that should not be a worry, but the economy in Germany is having a slow start. In addition as other nations are showing a slowing need for Deutsche Grundlichkeit, they are looking for alternative providers, cheaper providers, which is a given. Now add the VW scandal, which pushes down Covestro. All parts of multi Billion Euro sided Bayer. Now for a history lesson (at http://www.press.bayer.com/baynews/baynews.nsf/id/Bayer-MaterialScience-to-be-called-Covestro), which gives us “Bayer intends to float Covestro on the stock market by mid-2016 at the latest. The plan for Bayer Material Science to become a separate company was announced in September 2014” on one side, the timing is great for the board of directors who get to write off the losses from taxation and still get that 8 figure bonus. For the German government that is bad news on top of bad news. So as Germany was not a problem for the Euro, it is now a worry that is growing, growing by the day.

In all this I must now add that the national debt of Germany which represents one third of 50% now becomes an issue.

In addition, the hardship from France as it remains in a state of emergency. In addition, as too many people focus on the fact that the French Economy is moving ahead at 1.1%, which is a good achievement. Yet the unemployment rate is slowly creeping to 11%, in addition, the youth unemployment rate in France increased to 25.90, which means that the French hardship is still escalating. So as we see an economy growth of 1.1%, it is countered by ‘French unemployment rises by highest rate since 2013’ (at http://www.france24.com/en/20151126-french-unemployment-rises-highest-rate-2013), which will impact the French budget. In that regard so far (3 months later) no clear solutions have been presented by the current French government. In addition, the extremist and refugee issues are pressing more and more on the French morale, less and less acceptance is seen there. The French political landscape is still under attack, as the issues deepen, more and more people are starting to listen to Marine Le Pen, who is now seeking alliances with Italy’s Lega Nord, which also includes Geert Wilders from the Dutch PVV and Heinz-Christian Strache from the Austrian Freedom Party. These factors are important, for the simple reason that until 2 years ago Lega Nord was not even a blip on the radar of anyone who mattered in politics. That is no longer the case, more important, the stronger and the more united these right wing parties become, the bigger the collapse of the Euro. I would never have considered these parties to be anything bust extreme in chance. The inability of France’s François Hollande to get the economy to any degree on track is central here. The 1.1% melts away to -3% when we see the cost for France rise and rise. The plan for 500,000 vocational training schemes might sound nice, but that is not any guarantee to growth of economy, just an absolute guaranty to cost well over a billion, with more costs down the track. Italy is in a place not much better, even as both nations have products people want, the bulk of people are not buying the amount both governments need to see bought.

Now we see these elements as the UK has given the Brexit referendum to take place on June 23rd, which means that we are about to get flooded by propaganda from all sides, including newspapers on staying in, or moving out. The Guardian was quickly on board on how the environment would suffer (at http://www.theguardian.com/environment/2016/feb/03/brexit-would-return-britain-to-being-dirty-man-of-europe), whilst happily ignoring that a homeless person due to no job and no home has a worry with drowning in the rain and freezing solid in a park in winter. All these dangers because no one was willing to muzzle Greece, or bankers for that matter. So as we now see how Goldman Sachs is stating that Brexit could cost pound a 20% drop in value, should we remember those at Goldman Sachs that they are one of the responsible parties that got this entire economic mess started?

Now we get back to the continuation of the Euro issue as I saw it in the beginning. As we see how political parties are influencing events, the political element not seen is how political players have been spending others people money, without fear of persecution, prosecution or accountability. The mere inability of the European nations to keep a proper budget and to keep debts in check is a massive reason why right winged parties are now growing beyond anything. No one seems to be properly measuring data. As national data is inflated (read: weighted) we see optimistic news all over the place, whilst 90% of data and results should have been adjusted from the very beginning. So, we have one currency and all nations are floating the currency by inflating ‘predictions’ of their part of the economy, by the time that falls over, we see waves of managed bad news, yet the currency was from that point onwards never in a proper state, it has not been in that place for a long long time.

Now, France will face the next hurdle. There are too many predictions on how the UK will not go Brexit, but in all this the people are seeing their lifestyle dwindle away and as we see more managed bad news, the British people might have had enough. A strong example here comes from the BBC in December 2015 “Economic growth in 2015 was originally predicted to be 2-2.5%. But in large part because of the decision of the Government to take those bailout talks to the wire that has turned into a 2-2.5% contraction – a deep and painful recession. Now the experts are predicting once again that the economy will return to growth in 2016, unless something else gets in the way“, so as we read this, we see that ‘the experts’ were off by 5%, which is massive, which follows ‘predicted growth’ in 2016. Yet we all know that Greece has had too many problems and when the retirements funds stop because they invested in Greece, where will retirees get their ‘support’ from? They are entitled to that support, but Greece has no more money, debts it cannot pay and it let those who got Greece in that bad a state off the hook. All EEC nations left those Greeks off the hook. So now, as we see that money is running out, which will in the near future could mean that the IMF has to bail out Greece again. If that happens before June 23rd, how do you expect the British referendum voters to react?

One thing is certain, if Brexit happens, François Hollande will get the nightmare situation he dreads, because the Euro without the United Kingdom will not survive through Germany, Italy and France together. In that light it will push Frexit straight to the top, with at some point in 2017 President Marine Le Pen, signing a government act to secede from the Euro and not entirely unlikely secede from the EEC altogether. That last statement is massively speculative, but not impossible. It is nationalism that are driving the French to her and the Italians to Matteo Salvini, there is still the dangers that Nigel Farage will get on the ‘I told you so horse‘, which had a 1:1,000,000 chance to win. Now my £10 will turn into a nice retirement funds for a nice place on Guernsey (if someone honours that deal). A wave started by the mere political short-sightedness of not having a legal door to expel bad nations and their economic acts. An oversight that will result in additional trillions of write-offs and hardship for the European population at large.

A view I stated in 2013, there is now a decent chance that I will be proven right 3 years later, a mere data analyst without an economic degree.

Yet, can I be wrong? Of course I could be, but you should ask yourself: ‘Where is MY benefit?’ I am not asking you to state this in some rage of selfishness. I am asking you to look at your life, your family and all the parts you lost in the last 10 years. All the things you worked for and what you have been left with. Now, many people have not lost what they had, but their financial progress seems to have minimised, largely due to outside influences, some of them due to really bad internal governing. So how does a Brit feels when the hardship he faces comes from the bad acts not just from the UK, but in addition to the acts from Spain, Greece, Portugal and other nations? In addition, we see that those governments do not seem to be held accountable, neither are the decision makers held accountable by other governments. Now, the average Brit accepts that his government makes mistakes, just like the average Frenchman, or Italians for that matter. But neither wants to pay for the cock-ups of another government, especially as no one is held accountable, so that part leaves us with Brexit and the chance of it becoming a reality. Yet when we see the quote in the Independent “David Cameron has urged mainstream Conservative MPs not to be bullied by party activists into campaigning to leave the European Union as he took on his Tory critics with a fierce defence of his reform blueprint“, we have to consider that the risk is a lot larger than David Cameron is comfortable with, which works for Nigel Farage. The accusations that others are now accusing the UKIP MEPs, who allegedly have been intimidating other members of the European Parliament.

So, now, after a year, the UKIP members that were never seen as anything serious are now ‘intimidating’ others? So now we see the picture caption ‘Green MEP Molly Scott Cato admonished Farage and Ukip MEPs‘, yet in the Guardian (at http://www.theguardian.com/environment/2016/feb/03/brexit-would-return-britain-to-being-dirty-man-of-europe) we see “It will work with green groups to persuade people that leaving the EU could set back the UK’s nature protection and prevention of pollution many years“, so the battlelines of Brexit are being drawn and the question becomes, where is the truth and why are certain bad elements not being held accountable, that is the real reason why Brexit and Frexit are a reality. As no one addresses that because of the ‘friends’ these proclaimers of ‘other’ reasons have, they are driving constituents straight into the arms of Nigel Farage, Marine Le Pen and Matteo Salvini. Nigel enabled Marine (to a small extent), the fear of Brexit pushes Marine to a large extent and all those elements are now making Matteo Salvini a threat to the Italian way of life. The question whether that is for good or bad is too early to tell, but the impact will be massive in all three nations. So whatever comes next will be speculative to a larger extent which is, until June 25th, as that date could be the start of a massive upheaval all over Europe, which could hit as far as Japan and the United States of America.

 

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January 28, 2016 · 20:41

Bitches of Technology

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

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

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

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

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

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

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

Consider the following

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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January 24, 2016 · 22:05

Persecuting the prosecutors

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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