We get it, but we don’t

There are times when we love to see the big boys getting sued, yet this is not that time. When I saw the Guardian (at https://www.theguardian.com/technology/2017/jan/03/apple-lawsuit-facetime-car-crash-iphone-patent), I had to wonder whether I had to laugh out loud, or just let my head hang down and shake it slowly. I get it, when a bad thing overcomes you and your family, the one you sue is the one who has the cash to settle or pay largely (read: deep pockets). That part I learned in my first week of Torts, so the fact that a couple goes for Apple makes sense, yet it does not. You see, in this global community there are these pesky things called ‘traffic laws’, so to make a point I decided to take a look at the traffic laws of California and that was a trip so psychedelic, that no amount of mushrooms could ever equal it. It all started with the California Driver Handbook (at https://www.dmv.ca.gov/web/eng_pdf/dl600.pdf).

I was off to a great start, because on page 21 we see ‘distracted driving‘ with “Anything that prevents you from operating your vehicle is a distraction” and it mentions ‘Visual-Eyes off the road‘ and ‘Cognitive-Mind of the road‘, so it seems that there was a good start. Then on page 86 we see the things that you must not do, which states ‘Do not operate a cell-phone without the use of a hands-free device‘ as well as ‘Do not drive a motor vehicle whilst using a wireless Communication device to write, send or read text-based communications‘ as well as ‘do not drive a vehicle equipped with a video monitor, if the monitor is visible to the driver and displays anything other than vehicle information‘. So, I saw the ground pretty much fall away from me whilst I realised that the first mention was ‘Do not smoke at any time when a minor is in the vehicle. You can be fined up to $100‘. Is this for real? Smoking is fined, yet the more hazardous issues are not dealt with? I cried wolf almost too soon. The DMV (at https://www.dmv.com/distracted-driving-penalties) gives us for California: $20, so we now know that we can plan for the accidental execution of ex-wives, people we do not like and people with a price on their head, because California has decided that this act of ‘gross’ negligence carries a fine of $20, or perhaps $40, because it could be proven that both visual and cognitive were transgressed upon. We just need to look really really sad, remorseful and get a great lawyer. If you have any such plans, after the deed is done in for example San Francisco, you should call Chris Dolan of the Dolan Law Firm (at https://dolanlawfirm.com/), they might be able to help you all the way avoiding jail.

So, as some places take distracted driving serious, there is a clear indication that plenty of states do not. This is upsetting in a few ways as the level of distracted driving (video chatting whilst driving) amounts to nothing less than manslaughter. Now the California Penal Code gives us Penal Code 192(a) voluntary manslaughter and Penal Code 192(b), involuntary manslaughter. The second one is set apart as it does not require intent to kill. I thought that we were in the clear with voluntary manslaughter as there is the option of vehicular manslaughter. Although here we see the needed:

A. in an unlawful way (not amounting to a felony), with or without gross negligence;
B. during the commission of a lawful act which might produce death in an unlawful manner, or
C. knowingly causes the accident for financial gain (which is also a violation of California’s automobile insurance fraud laws).

Now part c seems not to be the case. In my fictive example the prosecutor would require proof. Good luck getting that part from my banks in Riyadh! Hah!

Yet part A and part B are still filled at present. The issue is that distracted driving is not said to be a felony or unlawful. In that regard video chat driving is gross negligence through common sense, yet the California driving rules and the DMV do not state it as such (as far as I can tell at present) and as such someone’s 5 year old little daughter ended up with a dead one, for the fine (as currently stated in the DMV penalties list) no larger than the price of merely 4 MacDonald happy meals? How screwed up does that sound? The fact that the DMV could have clearly set in motion the change that caught with more than one element of distracted driver means an automatic suspension of the driver’s license for no less than 5 years as well as setting the bar towards a felony and not keep it at a misdemeanour, an act that would clearly be turning faces real quick. As minors and adults seem to worship their cars and their needs to drive somewhere, setting that change in motion could have resulted in a living child, very likely loads of non-dead individuals because of acts of utter stupidity. The fact that the DMV was very willing to add statistics to the drivers guide shows that this is a massive amount of lives that could be saved.

Let’s face it, in the world of common sense, video chatting whilst driving seems to be one of the more stupid acts to pursue. It is at the end that I disagree with Nora Freeman Engstrom, a Stanford law professor, who states “Apple’s inaction in the face of that knowledge may not trigger liability here. But it may well expose Apple to liability down the road”, in that I disagree as the pressure should have been on the irresponsible driver from the very start and the driving laws should have been adjusted as such for a long time. It is time to set the blame where it should have been, with the driver!

Now, we all understand that the personal injury lawyers tend to have a go at those with the deeper pockets, yet how fair is that? Actually, fairness does not come into question, the law was already clear on distracted driving, it just needs to become a little more clear and let those relying on distracted driving either have a really good insurance, or let them feel the sting of prison when harm comes to victims due to their negligent actions. In that we can agree that texting, video chatting whilst operating a vehicle will always have a negative impact on the lives of people they hit.

The fact that this is not addressed on a national level is equally disturbing. When we see statistics like ‘Every year, about 421,000 people are injured in crashes that have involved a driver who was distracted in some way‘, whilst we see in addition, that ‘64% of all the road accidents in the United States had a cell phone involved‘, so any clear change will have an adverse effect on those two statistics. That seems clear enough a reason to make distracted driving a much harsher transgression with a penalty and fine large enough making it a felony. In that logic, the misconception that people can drive and text or video chat is a mismanaged perception that should be addressed as soon as possible, or better stated, with the statistics shown this should have been addressed years ago. So in that we do get that the parents want to lash out against the guilty parties, yet we don’t get that this is done, making guilty a party that had not implemented a patent, to be more precise a patent that might have gotten itself circumvented as well as the clarity that any usage in combination with driving is already defined as dangerous. The fact that the State of California regards this to be a $20 transgression makes the situation just sad and not really a valid guilt trip for Apple, Google or any other Android mobile smartphone brand.

You see, in itself, the article is not that important. So someone is suing Apple, la di da! Yet behind all the fun, frolic and charade is the hidden issue of responsibility. We seem to avoid responsibility, feign unawareness or advocate stupidity the difference in this case seems to be mere semantics depending on your point of view. There is a decent argument to be made that the law makers have been too lax, yet to what extent? To what extent can any nation continue when common sense is thrown out of the window? It is an equal valid view that not the law, but the person in situations can be the point of decision, yet when we decide to avoid that, we do get to spend life in jail, especially when our own negligence and lack of common sense gets other people killed. There is no ‘I’m sorry‘ and ‘I thought it was OK‘ or ‘It was not illegal‘, I especially like that part. Well, I got my in-laws killed, but it was not illegal, so have a nice day Justice! We can even argue whether killing a person we know is less punishable then killing a stranger, but that is a discussion for another day. What is very much the issue is that Moriah Modisette died because Garrett Wilhelm, of Gainesville thought that he could safely drive a car on the interstate at 65 Mph whilst using FaceTime. Yet, this did not happen in Santa Clara, it happened in Texas on interstate 35W, near mile marker 81. Now we see a change, because Texas has harsher rules, and here we see “Denton bans texting and driving on city streets, but the city ordinance does not include the interstate“, so now we get a new ballgame, even as we see “Manslaughter is a second-degree felony in Texas and carries with it the possibility of up to a $10,000 fine and a prison sentence of at least two years, but no more than 20 years” yet the DMV states that distracted driving applies to Drivers younger than 18, which Garrett Wilhelm was not, so is it mere luck that he is up on a manslaughter charge? How come that death gets a different value, that stupidity is rewarded in some states? The fact that there are rules, regulations and city ordinances all giving a different value to this serious transgression. Now, as an Australian I accept that the US has different values and even though they too work on the premise of Common Law, doing so on a national level is not easy. Yet should this matter not have been dealt with more severe and on a national level? Especially when we see the statistics and a massive gap as to how the transgression and the implied consequence of the transgression holds up?

In case of Garrett Wilhelm, the trial date got set in the end to 26th September 2016, whilst the report of June stated that a request for continuance is to be expected, so over two years later there is still no justice for Moriah Modisette which would drive any parent insane with grief, rage, bitterness and sadness. All these emotions at the same time would be devastating. It still is not fair to have a go at the mobile maker, but that is only my personal view.

Perhaps it is time for someone like Bill O’Reilly to champion another law, just like he did with Jessica’s Law. Perhaps the US needs a Moriah Law, a law that makes the use of any mobile, other than hand free voice calling whilst driving a car a felony and it would be a law that covers all if the US, every state, regardless whether it is in the city or not. They shouldn’t need a law like this, yet the acts of Garrett Wilhelm (who is not the only one mind you) clearly state other whiles.

 

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The reality of danger

The entire Palestinian UN issue or as some call it Resolution 2334, certain players decided to make certain moves. There will be long term consequences, yet what they are can only be speculated on. The Washington Post gave news last year (4 days ago, at https://www.washingtonpost.com/news/monkey-cage/wp/2016/12/29/trumps-plan-to-move-the-u-s-embassy-to-jerusalem-could-help-the-peace-process/) that is another issue that will play. There is a choice at times to place anything governmental, yet where to place it has been less of an issue. You see the initial quote: ‘move the U.S. Embassy to Jerusalem could help the peace process‘ is a loaded one. Like in the Netherlands, Israel is one of the few places where the embassies are not in the capital of that nation. Tel Aviv is the most important city in Israel and the central hub for all business. There is a reasonable speculation that Ben-Gurion airport is a driving reason in that. Yet Tel Aviv is only half the size of Jerusalem, which does not make the move wise or foolish. What is a given that moving the embassies to Jerusalem will spark massive response. What is interesting in the Washington Post article is the reference to the Jerusalem Embassy Act of 1995.

In this we see:

(1) Jerusalem should remain an undivided city in which the rights of every ethnic and religious group are protected.
(2) Jerusalem should be recognized as the capital of the State of Israel; and
(3) the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999.

We can see that this act was either ignored or basically not taken too serious. The quote “However, a built-in waiver provision intended as a temporary measure has allowed every president since then to delay the move at routine six-month intervals” gives voice to that. So in case of the Israeli case as a solid ally, the US would state ‘not this time around‘ twice a year. Bill Clinton, George W. Bush and Barack Obama, 10 years of delays, 20 delays. Now, we see that the new president will push forward. Still at this point there are a few considerations to keep in mind. It is the quote “But a reversal of the long time U.S. diplomatic boycott of Jerusalem could bode well for Israeli-Palestinian peace prospects. Sending a strong message that the new administration stands with the Israeli government on a major symbolic issue with high potential costs could push the Palestinian leadership to a greater sense of urgency in negotiations” that I have an issue with. You see, Mahmoud Abbas is on his last options, quotes like: “Mahmoud Abbas, Re-elected as Fatah Leader, Moves to Solidify Power” is one side the other is “Hamas delegates find welcome at Fatah conference, but not trust“. The ties between Abbas and Hamas are strained and the Jerusalem move could implode the connections. This comes from a 2007 statement by Mussa Abu Marzuk ‘the failure of any political process to solve the Israeli–Palestinian conflict will lead to ultimate victory and the destruction of Israel reflects the Logic of Implosion of the Resistance Network‘, This resistance network is not that visible. Unlike some claimants to be ‘all for Palestine‘ they tend to brag on social media using photo ops for visibility. There are connections we see regarding Mussa Abu Marzuk, yet there is clearly another side. The conspiracy theories regarding Assad’s mercenaries are as unreliable as it gets, yet there are seemingly links in Beirut that do require scrutiny (an open blog is not the place to do this), the reason for these mentions are the reality that the move to Jerusalem will spark actions by Hamas and anyone with anti-Israel sentiments. Jerusalem could become a powder keg in more than one way. When we look at the same quote again ‘move the U.S. Embassy to Jerusalem could help the peace process’, I have to conclude that this is not likely to be. The so called burning bridges tactic could become the fire that lights dozens of fuses. Even as Iran had seized funding to the larger degree (implied that this was done), it could be a move that will reopen acts of support from antagonists like Iran, I very much doubt that Iran will be the only one. You see, the embassies not in Jerusalem gave some parties the idea that certain topics could be reopened. This move, when it happens takes that off the table and several parties will not like that at all. Yet it is not all doom and gloom. The reality is that Palestine has a massive benefit when the Embassy moves go through. Consider the benefits that Jerusalem traffic towards a place like Bethlehem brings, which is on the Palestine side.

Yet, this is not about tourism. It is about the rationale of moving the US Embassy. There have been a few voices that the US Embassy would not be safer in Tel Aviv, yet my issue is that there will be more opportunities for extremists to attack it in Jerusalem. Perhaps I will be proven wrong, time will tell. It was last year, just before Christmas, when the Washington Post stated “The United States recognized the 1949 Israeli-Jordanian armistice lines as the new borders of Israel outside Jerusalem, but as for Jerusalem the U.S. position was to support the provision of the 1947 U.N. Partition Resolution, which called for Jerusalem to be a “corpus separatum under a special international regime . . . administered by the United Nations” (at https://www.washingtonpost.com/opinions/why-the-us-embassy-is-in-tel-aviv-not-jerusalem/2016/12/23/89b5b5a8-c703-11e6-acda-59924caa2450_story.html). As well as “By 1953, the United Nations had shelved plans for a “corpus separatum,” and West Jerusalem was de facto understood to be part of Israel. Keeping the U.S. Embassy in Tel Aviv had no relationship to the status of East Jerusalem. Not moving the U.S. Embassy to West Jerusalem in 1953 or thereafter was essentially a bureaucratic decision, devoid of any legal justification“. What is now an actual issue is that less than a day ago we see ‘State Department ‘not aware’ of efforts to move US embassy to Jerusalem‘ (source: Times of Israel), where we see “We’re not privy to any moves, any decisions or active efforts to go ahead and move the embassy,” Kirby told CNN“, which reads like a load of ….. (you know the missing word). This is because on November 10th we get “Adviser says Trump tsunami will shift U.S. embassy from Tel Aviv to Jerusalem“, making John Kirby an actual idiot. His additional clue word ‘privy’ like it was a secret makes this even more ridiculous. The president Elect has spoken on the intention of this happening. Now the DNC might not like this, yet intentional misinforming the public to this degree in the last 3 weeks of office is just stupid. How can we see John Kirby in any serious continuation when he is racking up disaster statements like this?

So we have ourselves a ballgame, because we now see: “intended ambassador to Israel David Friedman said last month that he looked forward to working “from the US embassy in Israel’s eternal capital, Jerusalem.” Palestinian negotiator Saeb Erekat said subsequently that the PLO would revoke its recognition of Israel if the US moved the embassy“, here we now get the direct consequence of dealing in any non-lethal way with terrorists. The mere ‘revoke its recognition of Israel‘ is a clear sign that Palestine cannot now, or ever be trusted. In that regard, when we see the Fatah–Hamas Gaza Agreement of April 2014, with an indefinite delay on election, we should see in that light the situation of Palestine. With president Mahmoud Abbas in lock-down whilst we see people speaking, clearly with the old man in charge, making him either a puppet or unreliable, likely both. This is the group that the UN wants to do business with. This is the group, which via Egypt started Resolution 2334. In that regard, regardless of the dangers. The option that the US and possibly even Australia are moving their Embassies to Jerusalem. A stronger message needs to be given, either we stand with Israel, or we let it all burn and in this day and age, and from my point of view burning it all is a waste of resources.

We have seen for more than a decade that the Palestine high command is not in charge. That same organisation that tried marketing in the form of “It sought to convince a sufficient core of leftists that the PLO wasn’t really committed to its goal of eradicating Israel. It actually was a peace movement in terrorist disguise”, how has that been working out? The Haaretz quote “Lemon asked Ashrawi to explain what steps the Palestinians have taken for peace with the Israelis, to which Ashrawi answered, “I think we are trying our best to make peace in every possible way” sounds deceptive to say the least, although we must take into consideration that Haaretz will always be pro-Israel, so we can’t really hope for fair and balanced in this equation and I am trying to take this into consideration. My evidence are the loads of Hamas Rockets, a Palestine leadership that plays turncoat depending on ammunition reserves and a so called nation that has decided to delay elections. All these elements are in play when we consider the Israeli issues. A side that we see repeated when we look at the US State Department (at https://www.state.gov/secretary/remarks/2016/12/266119.htm). The quote “Both sides committed to a plan to transition much of the West Bank and Gaza to Palestinian control during permanent status negotiations that would put an end to their conflict. Unfortunately, neither the transition nor the final agreement came about, and both sides bear responsibility for that“, which is true, yet in 1995 onwards, we see bombings and suicide bombings in bus stations like Ashkelon and Jerusalem in addition to markets and streets. With an explosion of events in 2001 and 2002. Now that there is more and more evidence that Iran is backing away with their funds (likely because of oil prices in the basement), now we see there is so much need for a solution, for a suddenly giving in to Palestine. Perhaps the US wants to remember how they dealt with Benedict Arnold. How he was given land and prestige in the US? This question comes to the frame of mind when we see the Times of Israel (not the only source) state “Transcript claims to show US worked with Palestinians on UN resolution” with in addition “An Egyptian paper published what it claims are the transcripts of meetings between top US and Palestinian officials that, if true, would corroborate Israeli accusations that the Obama administration was behind last week’s UN Security Council resolution condemning Israeli settlements“, even as it has been denied by the White House, the actions and the statements from several sides give way to acts of desperation, trying to flush a result that is beneficial to the image of those proclaiming a deal, yet negligent on the State of Israel as it has remained under attack  non-stop until 2011. Is it possible for President Obama to remember what happened on September 11th 2001, perhaps he can also remember how there were no UN resolutions to chastise the Taliban with subsequent acts of diplomacy? Perhaps he remembers them, perhaps he was too busy politicising things. In all this the act of Resolution 2334 seems to be more and more a rash act. Without it, the move of the US embassy might not have been on the table, now to patch things and state that the US is an actual friend of Israel the move seems to have been pushed, with that the additional instigation of questions and requests in Canberra to move the Australian Embassy as well, which in light of Operation Paladin with 12 man could have beneficial logistical options. Operation Paladin is part of the UN Truce Supervision Organisation (UNTSO).

There is still the issue of the actions that led the UK to push for this as well as unconfirmed rumours that New Zealand had received Phone Calls from London regarding the matter. There have been protests on all levels, yet the one in London remains for now a mystery. In light of the upcoming Brexit, this resolution was a bad idea for the UK, having the UK and New Zealand abstain at the very least, although opposing it might have been a better idea. In light of the changes that Iran is showing gives several lights, not all of them good or positive. The implied changes towards Hamas and other players give light that Iran is changing priorities on several levels. It is the Meir Amit Intelligence and Terrorism Information Center who gives the best quality info in this matter. The quote “A member of the Majlis (Iranian parliament) committee for national security and foreign policy told the reformist newspaper Ghanoon that unless Hamas changed its strategy towards Syria and stopped supporting the Syrian opposition, Iran would be forced to establish new ties with other Palestinian groups“, gives way to this (at http://www.terrorism-info.org.il/en/article/21125), it is almost like reading the alternative play ‘One man’s folly is another man’s fiend‘, a not so gentle or secure way to play this game, yet it  does give the additional view to the changes in Iran, a shifting of borders, lines of acceptance without diplomacy. A view we see reinforced with “Hossein Salami added that the United States, the Europeans and the Zionists were planning to contain Hezbollah’s activity, but that Hezbollah had become a significant regional force. If Hezbollah could operate in the unlit ditches and winding alleys of Aleppo, without a doubt it could fight even better in the streets of Haifa and Tel Aviv, he claimed (Tasnim and Sepah News, December 25, 2016)“. Is this merely the wishful thinking of the Islamic Revolutionary Guards Corps, the presentation inviting Hezbollah, a combination of these or something else altogether. It is up to Mossad to see where there actual enemies are, yet with Resolution 2334 their game has changed, because the clarity of friends lost means another strategy, one that the west hasn’t had for some time, because in all this, until there is clear crystallisation of who is an actual friend, certain parties will no longer receive any indirect intelligence from either Mossad or Shin Bet on anything NATO intelligence parties would need to know. As this part will get politicised very quickly, the next attack that gets missed will be a clear first indication on the not so clever act of Resolution 2334.

There is a reality of danger in all we see do and act on, yet imposing it and inviting it whilst certain parties have again and again refrained from being anything but unreliable is cause for concern. The map of the Middle East is being redrawn and the rash acts shown so far have had no positive effect at all, which should be a decent wake up call for a collection of foreign offices all around the world. Whether they do is up to them and good luck to those who get to clean up that mess.

 

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An audited symphony in Green

twitterfeed_0101aThis all started yesterday when the honourable Mark George QC sent a tweet (see picture), which was followed by my answer, and that one was given because I was feeling frisky. When you are done killing people in Constantinople as Ezio Auditore, I relied on Twitter to see some of the news messages on the air. His was one of the first ones I saw.

Was he wrong, was I? At that point it did not matter, the image that is given was based on three different matters and they could very well be valid, so I decided to dig today and see what is exactly going on. The first thing I am noticing is how much emotions are going all over the place, it is all about the wealthy getting bashed. Now, this might not be wrong, but what is actually happening? First was the Week, who referred to an article in the Guardian, so I am looking at that one (at https://www.theguardian.com/business/2016/dec/21/sir-philip-green-bhs-mps-pension-schemes). The title is catchy enough ‘Sir Philip Green could face £1bn BHS fine under MPs’ plan‘, yet is this going anywhere? The first quote is “BHS collapsed into administration in April, leading to the loss of 11,000 jobs and leaving a £571m deficit. The regulator has started legal proceedings against Green and Dominic Chappell, the former owners of BHS, in an attempt to fill the deficit. They collected millions of pounds from the retailer“. You see, the issue behind all this goes a little further and of course, the red cloth of the bull became very visible. The Accountant Online (at http://www.theaccountant-online.com/features/comment-bhs-and-the-silence-of-the-auditors-4923573/) gives us the news that the Guardian was unwilling to give us here. When the Accountant gives us “The Accountant magazine professor Prem Sikka painstakingly analyses PwC’s role as auditor of UK failed retailer BHS“, so the same group of less capable reviewers (read: idiots) connected to the entire Tesco disaster are also linked to BHS? Can anyone explain to me why Pricewaterhouse Coopers is still accredited to work anywhere in the UK at present? The additional quote gives us “Recurring losses and negative equity should have encouraged auditors to issue an emphasis of matter type of audit report which might have alerted employees, pension scheme members, pension regulators and others of the possible inability of BHS to correct deficits, but PwC did no such thing“, is that not odd? The fact that everyone is in emotional state, including the one person that should feel the strike of shame too. You see the right honourable Frank Field, Labour MP for Birkenhead and Chairman of the Work and Pensions Select Committee makes no mention of the PwC side either. I find that very odd, the fact that such large companies do not get red flagged by the auditor should actually have been higher on his list than Philip Green was. So Frankie’s response in the Guardian on £1000 million instead of £350 million is (as I personally see it) merely a load of rubbish, something to set at ease the engine of anger from the 11,000 people without a job, because if he had actually cared PwC would have been on his list in that interview in massive 350 feet letters, sending shock-waves through that decrepit organisation of abacus users.

This is not nearly the end of it. When we look at the Guardian in November, We see (at https://www.theguardian.com/business/2016/nov/02/philip-green-may-be-forced-to-pay-money-into-bhs-pension-scheme) that Graham Ruddick and Kevin Rawlinson have more to say on the matter (at an earlier stage) as we see ‘Pensions Regulator begins legal proceedings against Sir Philip Green‘, still the PwC stays unmentioned. Is that not weird? When I see ‘regulator‘ and ‘legal proceedings‘ I see, in my mind, in equal measure the need to look at the books and at that point the auditors. You see a £571 million deficit should not have been unnoticed, more interestingly anything over £100 million should have instantly called for a pension check, the fact that the Accountant online gives us “Page 1 of BHS Limited 2011 accounts stated that “The directors believe that preparing the financial statements on the going concern basis is appropriate due to the continued financial support of the Company’s ultimate parent company Taveta Investments Limited”. This statement is repeated on page 1 of the 2012 and 2013 accounts. Page 1 of the 2014 accounts stated that “during the year, the company was a wholly owned subsidiary of Taveta Investments Limited“, this should have been more than one moment where the senior abacus users at PwC should have been ringing the bells of red flags, the quote “BHS and its controllers had persistently failed to eradicate pension scheme deficit. In the light of that why did PwC have confidence in management assertions that it would provide financial support to ensure that BHS would remain a going concern“, shows what I personally believe to be a massive level of negligence, one that at this point is missing from the Guardian and several other news media. Can anyone explain how PwC seems to be receiving this level of non-accountability? Is this the price of hiring cheap graduates in places where seniors need to work? So as we see the massive amounts of deficits in place, we see that “since 2009, PwC collected £2.282 million in audit fees and £9.04 million in consultancy fees from Taveta Investments Limited, which included BHS“, which gives me the fact that in total (including Tesco), PwC received £25 million for what I personally regard to be overly negligent, that whilst I over my life for being capable and overly service oriented have never received anywhere near 0.3% of that amount annually pre taxation. So we can state that whilst the emotional and feigned state of anger by Frank Field sounds nice, but it is merely charades and the man should remain quiet until he actually achieves anything in regards to the pension schemes.

Now let’s get back to the original part, because there is a lot more than PwC in this matter. The quote “As part of any deal, it is understood that Green wants the regulator to ensure that Chappell pays into the pension scheme as well. The billionaire tycoon believes he was misled by Chappell about his track record in business and the money that Retail Acquisitions was paid by BHS“, which can easily be rectified, because if this was done properly there would have been records, like mail messages with attachments (resume amongst others), there would have been reference checks with phone numbers and annual statements showing the track record of Dominic Chappell, who according to some is seen as a former racing driver lacking 100% of retail experience. I cannot vouch for that, yet simple investigation should be able to set that one straight in mere minutes. If Philip Green cannot show any mail messages with evidence, my message to him would be “If it isn’t written down, it does not exist“, one of the oldest golden rules in administration, I reckon a billionaire should know small things like that. In this there is a third side of the problem. This side comes in the form of Lesley Titcomb, who is the current Chief Executive and former COO of The Pensions Regulator (TPR), in the shape that “it was yet to receive “sufficiently credible and comprehensive offer” to bail out the BHS pension scheme, which has more than 20,000 members, despite Green pledging to fix the problems facing it“, she too remains mindlessly numb on any mention of PwC. A pension hole this big should have raised questions years ago. They all remain silent on the auditor which gives pause as to why the hell that firm is:

1: Allowed to be in business in the first place; and

2: Able to cash in on 25 million (including Tesco).

We see that continuation in “The regulator said that after a “complex investigation” and months of talks with Green about a rescue deal for the pension scheme it was sending warning notices to the billionaire tycoon, Chappell and their companies“, the auditor that facilitated for all this remains out of sight, out of mind and out of mention in all this. I have a massive problem with that part, especially as the Guardian has stated more than once to be such an ‘investigative entity‘.

In all this we now see the final part leading to the wise tweet that the honourable Mark George QC made and it makes him a lot more honourable than anything that the UK Labour party has to offer. In my view, I questioned whether the £580 had been a valid destination. The Guardian quote gives “Green controlled BHS between 2000 and 2015, during which time his family and other shareholders collected more than £580m“, so he did not get all the cash, so there is the smallest of discrepancies here on the statement of the Honourable Mark George QC, yet he only had 144 characters to make it. I would want to see 15 annual statements of all the payments towards the Green family and shareholders. Because in that regard, a firm that had a pension scheme in deficit for 11 years and negative equity for at least 7 years, how would it have been possible for shareholders to get anything at all, in addition, how much did Philip Green actually receive as payments from the BHS side of his businesses?

There is a growing list of concerns, concerns that should also be used against PwC, the TPR as well as HM Revenue & Customs. I think that it is safe to say that the days of ‘Walk softly and carry a beagle‘ (Charlie Brown) are over and we need to look at ‘Shout loudly and carry a machine gun with the safety off‘ (Rambo) as an actual deterrent for the non-actions of all these players. In addition, I think we need to put Lord Grabiner in the spotlight who was a former Chairman of both Taveta companies. You see, what Frankie Fields did carefully avoid to mention is that Lord Grabiner is linked to the Arcadia group, also owned by Taveta Investments, as is his family member Ian Grabiner, in all this Baron Grabiner might be seen as an academic administrator, but there is nothing academic about this half a billion pound mess and with Labour members remaining very silent on their peers, it seems that the 1 billion pound levy threat is merely a hollow action giving the implied value of £0 towards Frank Fields and his valued point of view, especially when we look at a non-actioned and non-mentioned gap of 11. One person (@the_MourningSun) gave me the answer to my tweet that this was down to a difference between the letter and the spirit of the law. I think both have failed miserably for well over half a decade when the larger players get to play the game the way that the BHS was played. In the end, it will be for a court to decide whether Philip Green broke any laws or failed anyone he cares for (read: implied view he only cares for himself). What is overly clear is that too many parties are leaving the auditors in the shadows, away from the peering and prying eyes of the public, which is a massive failure on every level.

So as you think that the TPR is currently on the ball, you all better take notice of the Guardian quote “By the standard measure used by the PPF, 4,272 defined benefit schemes are in deficit and the size of the black hole is £195bn“, so as we see that part, I wonder when we get a list of those 4000+ schemes, who is auditing them. I wonder when we look at 2 pie charts, one based on the deficit amount against the auditors involved, and one based on the number of schemes against the auditors involved. I wonder which auditor will end up being the most prominent one. Would you like to hazard a guess?

Let’s see if we can revisit this part somewhere this quarter and see how many spins the media and Lesley Titcomb (Executive Officer TPR) will end up doing.

 

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This last day

This last day should be a day of reflection, a day of consideration. I feel none of these things as I am observing the mistakes that Marine Le Pen is now making. I get why she would get the referendum vamped up and get stronger waves towards Frexit, yet her call to leave NATO makes a lot less sense. For one, NATO still does mean the North Atlantic Treaty Organisation, France is part of that North Atlantic, she has a duty of care there (a lot less so for the EC, the EEC or the Euro for that matter). She does make a point when we look at the expansion into Eastern Europe. Let’s face it, when we look into the original line, there was Germany which goes a lot to the south, then basically it is Italy. Getting into Eastern Europe makes a lot less sense. Let’s not forget, the Americans at present no longer have the means to play this game. A fact Lockheed needs to take into consideration, even if the price of the F-35 is given without an engine ($133 million, without engine), making it basically the most expensive paperweight in history. In addition, it came with a truckload of issues in 2014, whilst the 2015 report states “the majority of the fixes and for capability deficiencies being discovered are being deferred to later blocks rather than being resolved“, with new items of concern added. I found the additional quote form the 2015 report “inherent design problems that are only becoming more obvious and difficult to fix” most amusing, so if Marine Le Pen has in mind to not go anywhere near a Lockheed design, that would make sense. Now I do not want to brag, but with all my flying hours in the Microsoft Flight Simulator (2004), I might actually beat that latest flawed Lockheed F-35 with my experience in a Mikoyan MiG-35 (OK, I am bragging a little as I have never flown ANY jet in my life). What is the issue is that the politicians have not kept a good accord on the military abilities of the armed forces, not the people mind you, but the equipment they get stuck with. As such we see a 1.5 trillion dollar project showing more holes than an IKEA Pasta insert (named ‘Stabil’, which is hilarious as it is also means stable in Swedish). A project $160 billion over budget and 7 years behind schedule, and these were the numbers in 2014. A defence project that was too big to kill and that is what the NATO partners have to content with?

So why these topics? The world is changing, it is changing faster than ever before and the minders of the store have been so selfish in regards to their own personal needs (read: visibility of self via ego) and achievements that the duty they had was pushed under the rug. This is how I personally see the F-35 project.

The financial sector in the UK alone these financial boys (girls also) had the bulk of the £44bn in bonuses this year, so did your quality of life increase any (the topic jump will make sense in a few moments)? Now, even as wealth increased, it did not do so to that extent. It is not that fair to just have a go at the financial sector, apart from the fact that they ended up with bonuses of 1900% more than the amount all the others got, so balance is not that much in play. That view is shown stronger as we look at Forbes this week (at http://www.forbes.com/sites/francescoppola/2016/12/28/greece-the-game-is-on-again/#2585dbd946e5), the quotes that matter here are “Euclid Tsakalotos, the normally mild-mannered Finance Minister, accused the IMF writers of “economizing on the truth”. He pointed out that the main reason why so few Greeks pay income taxes is that their incomes have crashed, and that nearly half of Greek pensioners are living below the poverty line” and “The IMF’s case is that pension cost as a proportion of GDP is now unsustainable, and further, that the creditors are not going to agree to debt relief while pension cost remains so high. It is probably right on both counts. But once again, what really matters is the psychological framing“, in that regard I will be on the side of the Greeks, but not on the side of Greece. You see when their previous governments got loans and misrepresented their value, they had zero consideration on what pensions were in regards to the loans that they were getting under false pretense, in that regard, did any of those politicians go to jail? Did they refund 90% of their incomes? I am certain that the answer to both is ‘No!’, in addition those elected officials are sitting pretty and nowhere near the poverty line. Yet in all this the hardship is not over, in addition, the facts (as I personally see them) requires a little more digging, especially when I read “Attica Bank, the country’s fifth-largest lender, was poised to install a new management team he thought was capable of turning round the struggling lender” which were the thoughts of Yannis Stournaras, the governor of the central bank of Greece, which was followed by “While he was in the air, the government in Athens reversed the decision to award the job to Mr Pantalakis. It was his introduction to a web of allegedly related events, ranging from a raid on his wife’s business to an unsuccessful bid for TV rights backed by Attica loans“, this gives the implied issues on Yannis Stournaras, which gives more cause concern when we see “A confidential report on Attica carried out this year by the European Central Bank, the Eurozone’s top bank supervisor, and seen by the Financial Times, cited “severe findings” of poor governance and inadequate controls on lending. With some 70 per cent of its loans rated as non-performing, Mr Stournaras and others believed Attica urgently needed a professional banker at the helm. Government sources denied any intervention in the process to select Attica’s CEO” (at https://www.ft.com/content/aab0aaba-c6db-11e6-8f29-9445cac8966f). The implications are on a few levels especially in the light of ‘government sources denied‘, there is a mess on a few levels and the idea that personal needs were adamant in decisions is not without probable cause. The levels that are in question cannot be set because too much information is missing, but there are issues, make no mistake about that.

These issues connect, not directly but in the view of national voters, governments have made absolute shambles of their nations giving power to those with key wealth management options, in that need those who need to be at the helm are politicised and set to markers that are off the table and outside of the scope of visibility to scrutinise, whilst the presentations are showing markers that do not fit the person best suited for the job, in that Greece is not the only place with such issues. In the UK Mark Carney is facing similar issues, yet in the opposite direction. The best person for the job is the one the elected government seems to have an issue with. The independent (at http://www.independent.co.uk/news/uk/politics/bank-of-england-mark-carney-theresa-may-attack-monetary-policy-tory-conference-speech-a7380016.html) gives us “Mr Carney argued that the monetary policy pursued by the Bank in recent years has had a positive impact that is “without parallel”, despite the Prime Minister using her speech to claim it had led to “bad side effects”“, in addition we see “Since quantitative easing was first introduced in the economy in 2009 … there’s been 2.6 million jobs created, GDP is up 16 per cent, per capita income is up 9 per cent and this is following a trauma in the economy“, we might see this as good news, but the good news is in the UK not dripping down to the other people just yet. In addition, the dangers will change if sharp budgets are not maintained. Getting the debt down is an absolute first, it will have additional benefits down the road, yet the initial benefit is that money could go to other destinations than paying for the interest of the debt, the interest of a debt amount that is currently in excess of 1.6 trillion. This was not the first attack, Michael Gove had a go at England’s Marky Mark in October. It is always nice when a person is called arrogant, especially when that person has proven to be amongst the very best in his field on the planet. I myself had had some issues in the past with Mark Carney, yet not against the man, but the economic issues that the UK faced because of actions (read objectives) pushed for by politicians, however his speech in the House of Lords showed him to be the expert he is and he nearly got me away from the Brexit team. Yet Mark Carney himself states it very well when he said: “Politicians have done a very good job of setting up the system. Where it can be difficult, sometimes, is if there are political comments on our policies as opposed to political comments on our objectives“, in this we see the issue that is part of the problem. as the politicians set up the objectives, they are then confronted with the policies from technocrats and those two groups do not see eye to eye, so friction goes back and forth, the Lockheed F-35 lightning is an excellent example here, in addition that part got an extra iteration as the military requirements were added by yet another group (read: the military). In all this the political objective is hampering the essential need against ‘it needs to be done by date X for no more than amount Y‘, which gives us the political joke that the NHS IT project was. A present from the Labour government which boiled down to a £11.2 billion wrapper around an empty box. Two projects set through objectives that ended up being off the wall and the back and forth friction that resulted in something unmanageable and non-functional. I reckon the political side of both events needs a new level of scrutiny, one that we have not considered before. In that regard having people like Mark Carney around is essential for the wheels of a state to remain functional, because if there is one clear thing, it is that America lost that oversight some time ago, before this Democratic Administration, the previous republican one lost sight of the needs and the accountability of the intelligence network and data processing side no later than 2006, we can all agree that the 2007-2012 total budget of $435 billion was money massively spent in all the wrong ways. This was shown in a Foreign office document that was quoted in an article stating “Army officials, though, said Palantir wasn’t up to the job. Now, a 57-page report by the Pentagon’s acquisitions arm basically says the Army was wrong to dismiss the Palantir system. The study instead gives Palantir high marks on most of the Army’s 20 key requirements for the intelligence system, including the ability to analyse large amounts of information, including critical data about terrorist networks and the locations of explosive devices, and synchronize it in a way that helps troops on the ground combat their enemies more effectively“, so there too billions were spent when millions could have sufficed. When the EGO of an individual with the power to decide is on the line, the results could be disastrous. In my personal view, if we accept the wrongful spending of 25 billion, how many extra troops could have been saved by adding fire support groups to those in IRAQ in those years? How many of the 4486 fatalities could have been prevented?

Politicians, advisors and ego are a really dangerous combination in many ways, even as we look at what is coming now, we need to be mindful of the changes that some are pushing for. Even if we are in favour of dropping the EC altogether, pushing NATO boundaries might not be the best solution. France might be privy to one of the better intelligence machines, that machine is also dependent on the intelligence it is fed from allies, an essential element that will fall away when NATO does, Marine Le Pen should be very mindful of that.

Yet this year and more important 2017 will go beyond Frexit. There is still a large debate on the Netherlands making any move away from the European Community, the numbers require people to be realistic on what will happen, yet those numbers are nowhere near the numbers Brexit had, so it is still unlikely that this will happen at present, no matter how certain Frexit will be. Italy might not have any manoeuvring space, it requires a massive infuse of funds, when we see the Reuters quote “An Italian government official told Reuters on Tuesday that €20bn earmarked for the rescue of the Italian banking system should suffice“, we need to wonder in how much trouble Italy is. This question is raised as we see Banca Monte dei Paschi di Siena will issue €15 billion of debt next year (source: RTE). So we see another iteration where “The Treasury may have to put up around €6.6 billion to salvage the lender, including €2 billion to compensate around 40,000 retail bond holders“, so, how exactly is it acceptable that people ‘invest’ with a risk, yet when that risk comes calling, they still get compensated? How did any of us ever sign up for that?

Anyone who mentions that it is for the good of all is of their rocker plain and simple. Here too we see connection between France and Italy, mainly that the Natixis Global Asset Management (NGAM) thought it was a good idea to list Banca Monte dei Paschi di Siena as a major purchase right next to Ubisoft. I reckon a little less ‘lack of nationalism’ and putting all of that cash in addition to the other amount into Ubisoft might have been a decently better idea. I feel certain that next year when we see the ‘Top Ten Holdings’ in the Natixis report will not make mention of Banca Monte dei Paschi di Siena, which could just be me though.

So in this last day we see that we have quite the collection of choices to deal with, some good and many bad ones. Yet no matter what is happening, no matter what will fall, there is a decent indication that unless changes are made 2017 will not be a good year. I might be too negative to see some level of collapse in Q2 (no later than Q3) in the next year, yet the proper setting and if the key players are willing to forego ego and focus on cooperation, they would be setting the stage for a lucrative 2018, that is beside the initial technological presentations of the new age of G5. G5 will be the pushing power in IP, especially Trade Marks, yet that path is also loaded with new growth opportunities for IT and developers as they start setting the tone of what 5G could personalise, it will be the first firm push to switch providers to SaaS. That is almost without question, the degree to it happening is very much depending on actual cooperation. In that the Telco providers need to realise as per immediate that thinking SaaS whilst selling Paas and charging IaaS, which sounds nice on bonus day. Yet the boomerang effect is that clients will walk away a lot faster and they will also automatically entice 10 personal connection to not seek the services of the telecom provider being that stupid. Infrastructure as a Service is almost a thing of the past. It seems weird, because there should be space for it, yet in our new outfits we see that infrastructure is a long term commitment and with annual mobile purchase the people have learned to be as flexible as possible, so the limited mobiles that some sell (32Gb instead of 64Gb editions) is why people are realising to walk away from those offering limitations instead of solutions. It is at times harder with Platform as a Service. You see, PaaS might sound nice when we see Apple and SAP connecting, yet the bulk of the revenue will be the smaller fish in the pond, the small players will be 80% of the revenue, one can argue the actual taxable cake of government will be largely depending on those players and for them IaaS is a laughable solution when they are trying to get as much as possible in the first few years and those smaller players want as much flexibility as possible taking to some extent PaaS from the table. SaaS will be solution of choice and those now adhering to that need will fall short in 2018 and they are unlikely to be part of anything in 2019. In that we see the government need of objectives that cater to what the SME’s need. A mere application of supply and requirement. You might think that this is not connected to the previous parts, but it is. When we see the NHS, Banks and government, their needs to address their audience, they need to consider that no matter the infrastructure or platform for communications, they all need to see that their clientele is no longer rigid, no longer bound to certain paths for the simple reason that the infrastructure of places like the NHS can no longer deal with. It is by definition a mobile customer base that needs addressing, this means, or at least implies that the SaaS solutions require a wider setup, other paths of non-repudiation and a very different approach to data, its quality, its controls and the application of the results in any report or estimation towards costings and profit. It is a path of contribution, which is set as revenue minus costing.

For the better part an entirely new path in a setting that has for too long been about a rigid collection of data, which when compared to a setting in a flexible framework no longer holds a candle and will come with the implied death of data quality. in these places there will be a growing need for a data team that has the sole purpose of managing the quality of data, this path is one that IT has never worked on to the degree it had, because in the past systems were set in concrete and after the correct data pass had been made, the data usually would not require ‘resetting’ it in another framework, a change that will be almost evident in the systems we will see start in the next 4 years. There, for some the problem becomes that they have never contemplated the changes, which now also means that once they go into the deep of it all, the time required and the resources required will be a lot more draining than ever before. It is in that path that we see the danger of politicians and technocrats in the required path of objectives and policies. As there is plenty of evidence that so far this track record is not that great, we will see a squandering of funds and a dangerous curve of unprotected data whilst no one will be actually held accountable for the transgressions against those consumers aka victims.

So on this last day there is no way that any solution will be found, just take in the information and next week wonder what on earth is about to hit you, there is some speculation in this, yet I believe that the ‘objective callers’ (read: politicians) will rely on the word ‘glitch’ a lot more than ever before, it might just become the most popular word for 2017.

 

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In speculated anticipation

This is on a matter that is slippery like a promiscuous nymphomaniac lady contemplating monogamy. In a world where any person next to you could be a pimp, a whore or merely psychotic. Welcome to the cold war! Merely a few hours ago, the Guardian gave us ‘Obama orders sanctions on Russia after campaign hacking during US election’ (at https://www.theguardian.com/us-news/2016/dec/29/barack-obama-sanctions-russia-election-hack). Now, we have known the CIA and other parties to be blatantly incorrect when it came to Sony and North Korea. Yet, here in this case, there are a few elements in play where it is indeed more likely than not that if there was real interference that Russia would have been guilty, involved or at the very least privy to the events. In this China is a lot less likely, because as business deals go, they are a lot better of with the Ignorance of former State Secretary Hillary Clinton, than they will ever be with President elect Donald Trump, so as the calling of garden grooming spades, the one turning the soil is overly likely to be the Russian side.

There was an earlier article referred to in this one, where we see: “He dodged whether Putin personally directed the operations but pointedly noted “not much happens in Russia without Vladimir Putin”“, which is actually incorrect. You see, and President Barack Obama know this to be an absolute truth is that deniability is essential in some operations. Yet, in this even as President Vladimir Putin would have been kept in the dark (likely by his own request), it is less likely that Sergey Kuzhugetovich Shoygu is involved, yet if the GRU was involved than Igor Korobov would know for sure. You see, the FSB is the second option, yet for those who have seen some of the reports that Darknet has regarding investigative journalist Andrei Soldatov gives at some parts the inclination that the FSB funding on more advanced cyber actions was lacking making the GRU the opponent of choice. This comes with the assumption from my side that less advanced equipment would have given US cyber sides a lot more data to show earlier that Russia was intervening with the elections. The reports of a group called Fancy Bear gives way to the technology they get access to and the places they can access them at. There is another piece that I have not been able to confirm, it is speculative and even as it gives base to giggles of all matters, it remains a speculation. It is said that Fancy Bear operatives have been able to work from North Stockholm, if so, they might have accessed the IBM backbone there, which has a massive amount of data pushing power. Giving way that the US gave powers to enable hacking of the US election system, live is just too cynical at times.

Another quote is also linked to this, but not from the cyber point of view. “Obama repeatedly weighed in on what he saw as increased polarization in the United States. “Over a third of Republican voters approve of Vladimir Putin, the former head of the KGB. Ronald Reagan would roll over in his grave. How did that happen?”“, in that my response would be ‘Well Mr President, if you had gotten of your ass and actually do things instead of politicising things. If you would have actually kept a budget and not push the US into 20 trillion of national debt people might be less on the fence for the other side, right?‘ There will be no reply because not only as this administration been close to useless, the actions of the last few days where the new electorate gets an agenda pushed down its throat where a clear cooperation with terrorist organisations is seen is plenty of food for thought, yet that rave needs to seize as it does not completely apply to the case at hand!

There are however other matters for concern “In a conference call with reporters, senior White House officials said its actions were a necessary response to “very disturbing Russian threats to US national security”“, which beckons three things:

1. Why was it a conference call and not on every video or a live presentation?
2. Wow long has this been actually known?
3. Where is the actual evidence?

Like Sony, like other parts, the press wants to see evidence and NONE has been presented. No station, as far as I have been able to tell has shown any schematic on how the election could have been tampered with evidence. There are hundreds of anti-Clinton and anti-Trump conspiracy theorist videos, yet none form any reputable news channel. Which also now gives voice to the thought whether the US intelligence branch in this administration has been the biggest joke ever (North Korean accusations et al).

Still in all this, the US is pushing for a cold war, which might not be the worst thing, yet as the US is to be regarded as bankrupt, the upgrades that will involve a data centre and 4-6 billion in equipment and resources is something there will be no room for any day soon.

So what is this about? Is this about the Democrats being really sore losers? I am not sure what to think, yet the entire approach via conference calls, no presentation of evidence, there are a few too many issues here. In addition, if there was evidence, do you not think that President Obama would present it, to show at least that he is capable of publicly smiting President Putin? Let’s face it, he does need to brownie points. Yet, in light of some evidence not shown, the actions at the 11th hour, are they a sign that the Democratic Party will be relying on act that some could regard as Malfeasance in office? Of course these people will not need to give a second thought as they will be removed from office in a few weeks, yet to leave open the next public officials to added pressures to clean up not just their last 8 years of action, but in addition acts of impeding elected officials could have long term consequences. Let’s not forget that the Republican Party starts with both a Republican Senate and Congress, as well as their guy in the White House, so if the Democratic Party wants anything to happen, being nice is pretty much their only option.

In addition, when we look at the US recount (at https://www.theguardian.com/us-news/2016/dec/28/election-recount-hacking-voting-machines), we see first off ‘US recounts find no evidence of hacking in Trump win but reveal vulnerabilities‘, in addition we see “In Wisconsin, the only state where the recount was finished, Trump’s victory increased by 131 votes, while in Michigan, where 22 of 83 counties had a full or partial recount, incomplete data suggests was a net change of 1,651 votes, “but no evidence of an attack”“, which is not amounting to evidence in total, we do see that two places were not intervened with, still the system is setting the pace that there are future concerns. The message ““We didn’t conclude that hacking didn’t happen,” he told the Guardian, but “based on the little evidence we have, it is less likely that hacking influenced the outcome of the election” does clearly state that hacking did not happen, it is given with some clarity that any hacking if it happened, that the outcome was not influenced by hacking. This now gives rising concerns to James Comey and what is happening on his watch. More important, the responses that the Guardian had (at https://www.theguardian.com/technology/2016/dec/29/fbi-dhs-russian-hacking-report) where we see “The report was criticized by security experts, who said it lacked depth and came too late” as well as “Jonathan Zdziarski, a highly regarded security researcher, compared the joint action report to a child’s activity center“, which is not the first time we see it. More important is the quote “Tom Killalea, former vice-president of security at Amazon and a Capital One board member, wrote: “Russian attack on DNC similar to so many other attacks in past 15yrs. Big question: Why such poor incident response?”” is exactly the issue I had in the initial minute of the information being read by me and that is not the only part of it. The fact that the involved parties seem to be lacking more and more in advising actions as well as a clear cyber security pathway (the Clinton private mail server issues) that is correctly enforced and checked upon. The utter lack of proper ‘Common Cyber Sense‘ as seen for close to a decade at present all over official and governmental US is cause for a large amount of problems, yet the amount of evidence produced that there actually was Russian Cyber actions into changing the election results have not been brought and was brought was done in a very unconvincing way, in a way that top people had deniability of involvement in fingering the Russians. The PDF reads like something less serious in a few ways. You see, the techniques described are not wrong, but it leaves it open to who was the participating party. It could have been mere private hackers, the Russian Mafia is also a cyber-player. The fact that alleged actions from summer 2015 are only now coming into the light.  Is that not equally strange? By the way, the fact that Russian intelligence would try to ‘visit’ the files of the US Democratic Party is not that weird. Is there any indication that NSA, GCHQ and ANSSI would not have been accessing (or trying to) the United Russian party servers for intelligence is equally silly! Neither shows intent to influence an election. Let’s face it, Benghazi was a large enough mess to sway the vote in the first place and US insiders were all too happy to leak information, the Russian merely had to sit back, laugh and drink Vodka. In addition, the fact that malware was on the systems in not in question, it happens too often in too many places, yet clear evidence that APT28 or APT29 were the culprits implies router information, router data and clear information on when EXACTLY is happened (summer 2015 is a little too wide). More important, this also implies that proper malware defence was NEVER in place, so how shallow do these people want to get?

From page 8 we start seeing the true ability of the intelligence to envelope themselves into the realm of comedy. Items like ‘Update and patch production servers regularly‘ and ‘Use and configure available firewalls to block attacks‘ as well as ‘Perform regular audits of transaction logs for suspicious activity‘, these events should have been taking place for a long time, the fact that registered events from 2015 and now show that these mitigation elements are mentioned imply the fact that IT reorganisation has been essential is a larger issue and heavy on comedy if that has been absent for 2+ years. I think negligence becomes a topic of discussion at that point. The least stated on ‘Permissions, Privileges, and Access Controls‘ the better, especially if they haven’t been in place. So in retrospect, not having any ‘evidence’ published might have been better for the Democratic Party and especially for James B. Comey and Jeh Johnson. The main reason is that these events will have a longer term implications and certain parties will start asking questions, if they don’t, those people might end up have to answer a few questions as well.

In that regard the Guardian quote “The question hasn’t even been asked: ‘Did you take basic measures to protect the data that was on there?’“, a question that seems basic and was basically voiced by Sean Spicer on CNN. The fact that according to 17 intelligence agencies agree (as quoted by CNN), brings worry to those agreeing and the laughable bad quality PDF that was released. Consider that we are seeing the reaction of unanimous agreed intelligence without any clear presented evidence, actual evidence, so what are they agreeing on? As stated by Sean Spicer in the CNN interview, the burden of proof is on the intelligence community. Especially as there is an implied lack of due diligence of the Democratic National Committee to secure their IT systems. The fact that the implied lack of diligence should give view to the fact that there are plenty of American citizens that are anti democrats in the US alone to give worry on WHO have been jogging through the DNC servers.

A view that seems to have been overlooked by plenty of people as well.

In the act of anticipated speculation we should speculate that proper presentation of the evidence will be forthcoming. The presentation on a level that will give a positive response from security experts will be a lot to ask for, yet in all this, you should be asking yourself the one question that does matter, it is possible that the FBI got it wrong three times in a row? If so, in how much trouble is Cyber America?

 

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Pussies, Cowards or Other? (updated)

On the 23rd of December a resolution passed against Israel. It is Resolution 2334, which is attached at the end of the story. 14 votes for, one abstained (USA), we need to ask question on why the 14 nations voted in favour. China, France, Russia, UK, Angola, Egypt, Japan, Malaysia, New Zealand, Senegal, Spain, Ukraine, Uruguay and Venezuela. The paper is of course legally speaking an excellent piece of work. Yet let’s take a look at several parts: “Reaffirming the obligation of Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice“, in that same stride ‘Protection of Civilian Persons in Time of War‘, in answer to Palestine, in support and active assistance of terrorist forces, namely Hamas, who has fired well over 8000 rockets into Israel in the last decade alone, with a clear indication that they were send towards civilian targets, as such these hits require compensation in the form of land and as such a case could be found in support of settlement building.

In addition, there have been issues with article 19 of the Palestinian charter for the longest of times. The fact that the latest news regarding of the ethnic cleansing of Jews on the west bank, this was September 9th 2016 (at http://www.timesofisrael.com/pm-world-silent-as-palestinians-seek-ethnic-cleansing-of-jews-in-west-bank/). In all this other media remained silent. There were strong rebukes from the US State Department. So, should we accept that the comments of Prime Minister Binyamin Netanyahu is incorrect? The literal quote that SBS Australia gave was “US State Department spokeswoman, Elizabeth Trudeau, has described Mr Netanyahu’s language as “inappropriate and unhelpful”, saying settlement activity continues to hamper the peace process“, ‘inappropriate and unhelpful‘ is not stating that it was incorrect, so here the question becomes was it correct? The Washington Post analysed the video (at https://www.washingtonpost.com/news/worldviews/wp/2016/09/09/watch-netanyahu-says-palestinians-want-to-ethnically-cleanse-jews-from-west-bank/), we see the quote ‘The Israeli media mostly ignored the Netanyahu video‘, yet the news made it to Haaretz and the Times of Israel, in addition, there is no evidence given that it was not happening, which is interesting to say the least, in opposition in the same WP article we see: “the Palestinians today cannot “ethnically cleanse” any Jews. The Israeli settlements are all in the 60 percent of the West Bank called Area C, which is under the complete control of the Israeli army“, which carries its own brand of validity.

So, as the world news seems to genuinely ignore events on the West Bank, as the call of Hamas in its charter gives “On the Destruction of Israel: ‘Israel will exist and  will  continue  to  exist  until  Islam  will obliterate it, just as it obliterated others before it.’” Hamas, a clear terrorist organisation, as seen supported by Palestinian officials, give rise to the dangers that Israel has faced and opposed since 1987. It still is not recognising the state of Israel, which the then Hamas Leader Khaled Mashal stated as “the Charter is ‘a piece of history and no longer relevant, but cannot be changed for internal reasons’“, which we see as part of the problem, an unadjusted charter is either irrelevant, or illegal. In that same light we see Prof. Robert Pastor from Columbia University state “Pastor surmised that those who quote the charter rather than more recent Hamas statements use it as an excuse to ignore Hamas“. Something he said in 2010, a statement that is proven to be false when we consider the well over 6000 missiles fired by Hamas on Israel since his speech.

If we want to be fair and balanced, we need to look at both sides, and in that case we must admit that wrongdoings from both sides have been done. Yet, that does not excuse either side. If the state of Israel had been accepted this situation would not have existed, in addition, after the Jewish population had been near decimated during Adolf Hitler’s European Tour, the Jewish population had a primary duty to protect itself from extinction, no one can deny that need. We can accept Reuters when we read “Hamas has observed a de facto ceasefire with Israel since 2014, when 2,100 Palestinians and 73 Israelis were killed in a war over the territory. But small jihadist cells in the Gaza Strip occasionally fire rockets across the border“, that innocuous statement ignores a basic part. Someone supplies these cells with rockets and I feel personally certain that these cells are still proclaiming to be ‘real Palestinian Hamas members‘. In that light, the support that the UK is giving this resolution is becoming a bit of an issue. Did it not learn from its earlier mistakes? In addition, as the UK now sees British soldiers being charged in regards to the death of an IRA leader in 1972, whilst the members of the IRA cannot be prosecuted due to earlier agreements. I reckon the UK has its share of issues, giving rise to the support of an Egyptian bill in regard to areas Egypt pretty much abandoned half a century ago. I admit that the last statement is rather dramatic in flavour, yet not incorrect.

So let’s get back to the resolution. When we see “Expressing grave concern that continuing Israeli settlement activities are dangerously imperilling the viability of the two-State solution based on the 1967 lines“. How is ‘viability‘ an acceptable word as we have seen acts of terrorism in name and in implied concession of the Palestine ruling administration for decades, with thousands of rockets fired towards civilian targets. That verse gets even more visibility when we see “Recalling the obligation under the Quartet Roadmap, endorsed by its resolution 1515 (2003), for a freeze by Israel of all settlement activity, including “natural growth”, and the dismantlement of all settlement outposts erected since March 2001“, where the same defense can be given that resolution 1515 is no longer in play as the rockets kept flying for well over a decade. It is a personal view, yet the fact that the lands could be seen as possibly to be annexed by the state of Israel is not that far-fetched. It is unlikely to happen, yet the fact that the Palestine leadership has never truly acted against the terrorist organisation Hamas is more than questionable regarding the validity of any Palestine solution.

In regards to France we can speculate that they agreed as they have their own share of issues, the idea that Hamas turns its attention to France must be unsettling to both DGSE (Direction générale de la sécurité extérieure) and ANSSI (Agence nationale de la sécurité des systèmes d’information), it is one headache the French at present do not need, although, I reckon they could have merely abstained their vote.

The resolution takes a swing when we see “Stresses that the cessation of all Israeli settlement activities is essential for salvaging the two-State solution, and calls for affirmative steps to be taken immediately to reverse the negative trends on the ground that are imperilling the two-State solution” and “Calls for immediate steps to prevent all acts of violence against civilians, including acts of terror, as well as all acts of provocation and destruction, calls for accountability in this regard, and calls for compliance with obligations under international law for the strengthening of ongoing efforts to combat terrorism, including through existing security coordination, and to clearly condemn all acts of terrorism“, this gives way that the taste of war is changing. It gives way that the Palestinian leaders are in serious trouble. Not only do they have to deal with the danger of Islamic State, as ISIS has been reported a week ago to be ‘choking Hamas’ we now see the resolution in a different light. As ISIS is implied to be soon unopposed in Gaza and Sinai, Egypt is about to get a situation a lot less appealing. Especially if the thousands of Muslim Brotherhood sympathisers see an option to find a common goal with ISIS. This last part is my speculation, even as they have opposed each other, their common hatred of Israel is one part they both ‘agree’ on. As the Palestine elders of Gaza panic, trying to find any solution as their funds run dry (apparently the lack of rockets this year was mainly due to sponsors placing their funds somewhere else) and the reality that the middle east economy is in the biggest dip of their existence, not in the least due to the pressures that the Syrian war has placed on all the neighbouring countries is a clear sign that there are issues all over the place.

I think that this resolution is one of desperation, when the economy gets its second earthquake in the form of an economic crash (expected Q2-Q3 2017), places like Palestine will see the deterioration of all support as those who were willing to fund will see a desperate need for funds at the home front, this includes the Muslim Middle Eastern Nations. Saudi Arabia, Iran, the UAE and Egypt will be in a long time crunch, not only today, yet as the Euro destabilises due to the Euro issues and exit referendums, both America and Japan will see their economies under severe pressures. The statement by President elect Donald Trump (read: ‘so, I’ll bankrupt America’) didn’t help either. With the economic pressures we see that Japan is also eager to get something moving here. Out of the 14 nations, we could only argue that New Zealand has the cleanest reasons (neither anti-Israel nor selfish reasons), that is unless they got a call from London to vote in a certain way.

In all this Israel is not in a good place and one could argue that Israel is starting to get anger management issues (considering the actions that Prime Minister Benjamin Netanyahu is contemplating. Or as the Times of Israel article stated “still more devastating, potential diplomatic defeat at the hands of the outgoing Obama administration via a mixture of pleas, threats and boycotts“, (at http://www.timesofisrael.com/netanyahu-goes-to-war-with-the-world/). With political pressures rising, not in the least due to cancelled visits, we see the summoning of Israeli ambassadors. Currently only the Ukrainian one, but that is unlikely to remain the only one. In a time when the Ukraine needs positive visibility, the cancelled meeting to Israel might be seen as a body blow to the Ukrainian administration. Yet, in all, this will be regarded as a failure on the side of Prime Minister Netanyahu, an act from emotion which now prevents a show of information that could have seen other resolutions, especially against Palestine regarding the actions of Hamas, that opportunity will now no longer be an option. Again, it is just speculation from my side, yet the emotional reactions by Benjamin Netanyahu could bring delays to whatever data Mossad is trying to collect. Svoboda has its anti-Semitic elements, which could fuel growing of extremisms. Ukraine is too far from Israel to be a direct threat, yet the chaos in Turkey implies that any journey via Cyprus makes these extremists a larger threat than previous considered. However, this is not about that.

The resolution shows that the document as one sided as it is opening really dangerous doorways in whatever future we would like to see, in addition, ignoring certain elements from the past by the 14 vote casters will have longer consequences. We all accept that the Middle Eastern issue is not easily answered, there might not be an answer at all. Yet the reality is that Resolution 2334 should not have been given the light of day, especially when we consider the acts of Hamas and their decades of acts of terror. The fact that the Palestinian councils have never truly acted against Hamas making this resolution an issue. All peace options offered in the past were disrupted by more attacks, in the past Hamas has only ever offered a seize fire when they ran out of rockets and ammunition. Now that they realise that this is not a dry spell, their support is waning in a faltering economy, now we see their need to get the best deal possible starting with Resolution 2334. Which is as I personally see it, the worst action possible.

If this continues, it will be a signal for extremists all over the place that their method works, which under this economy isn’t the worst strategic assumption to make.

No matter how this wind blows over, the fact that Palestine is now in a state to get whatever it can get, also shows that the breech of confidence with Hamas is a lot more brittle than many are assuming, whether this means that ISIS is in charge cannot be made without more data, what has been confirmed are the execution of Hamas officials as well as the drained budget of Hamas shows that the dynamics have changed to such an extent that Egypt is now moving to get whatever solution possible in place, because it is seeing the impact that the ISIS attacks have had over the last two months alone. It cannot be denied that Resolution 2334 is a method to stop the changing dynamic and see if this change can alter the path of ISIS, again, this is a speculation from my side. Without more data there is no viable credibility to these acts. Yet the issues are clearly connected, the voiced acts by ISIS shows increased pressure on both Egypt and the West-Bank, to see them as unrelated whilst they are pretty much next to one another is equally nuts. with ISIS proclaiming a mere 5 days ago that it is closing in on Israel’s borders give way that the pressures in this region are about to rise a fair amount (Source: Jerusalem Online). Abu Hajar also called for new recruits to join the ISIS branch in Sinai, this whilst he states that the Israeli air force is ineffective. The latter is not a given, but the fact of small cells constantly in motion will delay Israeli actions a fair bit. The fact that Abu Hajar is addressing Hamas members is a larger issue, not just for Hamas. From my point of view, the issue is not Israeli Intelligence, it is the timeline of processing. In the hour that intelligence is disseminated, the mobile units could have gone 30-50 miles, making a valid target much harder if not impossible to set. It is in this active environment that Resolution had been voted on, the fact that 14 voted in favour implies that it was a one sided political view, not set on the premise of any solution, it is not a crucible, it is merely a loom holding a one-sided weave, in the days to come some of the voters in that resolution will be scrutinised and several not in a good way.

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Update!

So, as we now get to the ‘Other’ part, we get to a different part then I had originally imagined. You see, after this blog went live, a development was given by the Guardian (at https://www.theguardian.com/world/2016/dec/27/obama-and-allies-seek-to-isolate-netanyahu-before-trump-takes-office). Not only is this current US Democratic party a collection of losers, they have gone to such desperate acts in the 11th hour to prevent the media to state that they have become the worst administration in American history. They have decided that 5 days before the end of the administration, they will push through a 2 state ‘solution’. The subtitle gives us ‘John Kerry to propose principles for two-state solution in Middle East at conference next month in wake of UN resolution’, so even as such principles take months and months to design, requiring legal expertise to mull over such papers, we now see their act of ‘abstain’ was nothing less than the cowardly act of a traitor selling Israel down the drain by literally setting an agenda with a terrorist organisation (Hamas) and letting Egypt blow the clarion, making them an American vassal, which should go over really well with both the ISIS elements next to Egypt as well as the Muslim brotherhood. This level of orchestration is the most dangerous and as I see it, the most stupid of all. So, if, I say again IF other buildings start falling down like the song ‘London bridge…..’ implies, the American Democratic Party will only have themselves to blame and they will be utterly alone should that happen. To push a two state principle down the throats of a global community so that some individual can state ‘we brought peace to the middle east’ like it is a cheap infomercial just before they get kicked out of their office. This is really bad and the fact that other papers are not full of the political analyses of the dangers that the American Democratic Party created, after they got their nation bankrupt is just beyond words. The initial quote I saw yesterday and initially ignored was from the Israeli Prime Minister: “Netanyahu claims there is ‘ironclad evidence’ Obama administration plotted to promote the UN resolution”. The info seen was the Egypt came with it (no way that America was not involved), yet the statement seemed a little too ‘conspiracy theory’ to me. Now it seems that the reality of it all is actually a lot worse.

Now consider the following: “The UN resolution and Kerry’s speech represent an attempt by the outgoing Obama administration and the rest of the UN security council to box in and isolate the Israeli government before Trump, a fervent supporter of the Israeli right, enters the White House”. If so, there is now a possible case that Barack Obama President of the United States and John Kerry, the United States Secretary of State could find themselves prosecuted for Malfeasance in office. This is seen when we take a look at the case Daugherty v. Ellis, 142 W. Va. 340, 357-8, 97 S.E.2d 33, 42-3 (W. Va. 1956) where we see the following quote: “Malfeasance has been defined by appellate courts in other jurisdictions as a wrongful act which the actor has no legal right to do;
as any wrongful conduct which affects, interrupts or interferes with the performance of official duty; as an act for which there is no authority or warrant of law;
as an act which a person ought not to do;
as an act which is wholly wrongful and unlawful;
as that which an officer has no authority to do and is positively wrong or unlawful;
and as the unjust performance of some act which the party performing it has no right, or has contracted not, to do”. So now the part that matter, how come that this is in play, how could they be regarded as prosecutable before the law? Well, that is seen when we consider that any deal of this magnitude will take months, sometimes years to properly set. The fact that a departing administration does this in their final week, means that they are taking away the freedom of action by the legitimate elected office. They are already being replaced by another party and as implied, the fact that they know that their path would not be followed, forcing their path on others could be seen as both Malfeasance as well as Misfeasance in nature. It can be seen as intentional harm from an act improperly performed, that part is pretty adamant when we see that this is forced down the throats of several people in the last 5 days of office, an act that will very likely have years of consequences as such an intentional act to prevent the next in line from properly conducting the state of the American union. I will not go as far as to see this as an act of treason by public officials, yet I feel certain that many, especially the republican side will call this act a lot harsher than I just did.

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Back to the Future politics

I have nothing against Jeremy Corbyn, I just don’t think he is particularly well at what he does, which as a conservative is pretty good news for me. Yet, when he loses the plot to the extent the Guardian implies he is, we need to worry about the minimum quality of politicians. Could it get any worse (I so hope Labour proves me wrong). The article that sets it off is ‘Corbyn says May must come clean over UK-made cluster bombs‘ (at https://www.theguardian.com/world/2016/dec/22/jeremy-corbyn-theresa-may-cluster-bombs-uk-saudi-arabia-yemen). Now, normally it might be an issue, yet the actual issue is set in the following quotes and lets dissect them one at a time: “why it took so long for the government to establish that British-made cluster bombs banned by an international treaty were dropped by Saudi Arabia in Yemen“, so the Prime Minister of the UK is required the explain the acts of a sovereign nation that is not the UK? The missing part is given in the next quote “cluster bombs sold from the UK in the 1980s had been deployed in the current conflict in Yemen“, so Corbyn isn’t wasting everyone’s time with the particulars of another sovereign nation, no, he’s doing it in regard to weapons sold 30 years ago. Basically, he is advertising that the Labour party has no actual real issues to deal with, so they go back to the age when the labour party was a lot better than now, yet we all still felt safer with Margaret Thatcher being in charge, at least that is still a consistent truth today. So it is at this point that we see the reason why the Labour party might have hit rock bottom. The quote “The use of the cluster bombs is particularly controversial because the UK is a signatory to the Ottawa convention banning their deployment or assistance with their deployment, although Saudi Arabia is not“, Some might state that it is a big thing, yet realise that it was signed in December 1997 and it became effective from March 1999. So we see the mention of a treaty that came in effect close to 15 years AFTER the items were sold. This implies a few things, like retroactive things on sold items. So how stupid is this?

By the way, the one who fired the weapons never signed the treaty, so there is that too.

Now for the part that matters. There are over 30 nations that produce cluster munition. So, there are now two issues. One, did Saudi Arabia fire weapons sold 30 years ago? Were the weapons retrofitted for the planes that Saudi Arabia is using at present? If not, can we agree that there is a chance that more up to date bombs have been used, possibly not made in the UK? By the way, the issue given is that the US is also not part of the Ottawa treaty and the fact that the US has been supplying the planes (read: F-15). Is there any chance that the US would have been delivering the boom stuff too? No idea whether this would have been a Raytheon or Northrop Grumman item perhaps? I do not know, but I do know that asking Theresa May would not be on my list, mainly because she is likely to know sod all of weapon systems. There would have been the tiniest spark of intelligence if the question had been addressed towards Sir Michael Fallon, even if 30 years late, he could have looked into this. So, as we agree that the use of cluster bombs would have been known for some time, the fact that it is not up to the UK to speak on the actions of Saudi Arabia makes equally sense.

Even if we agree on the sensibility of the quote: “Even the US has suspended some military supplies to Saudi Arabia. Why can’t we do the same?” Well is that actually true? Don’t forget that the suspension could be lifted on January 21st after a new president is in office. So, the UK is now requested to cut the outstanding 22 planes (read: Eurofighter Typhoon). How stupid in this day of economies is that? First Labour squanders 11.2 billion on NHS IT that never worked and now they want to stop the UK economy to pick up? An act the French would love, but it seems to be really weird to stop one nation to get a plane that well over half a dozen nations are getting. Yet, in all this, I personally get the feeling that Jeremy Corbyn is not the most logical thinker of all time. He reminds me of the expression: “He’s stupid, but he’s not stupid, you hear what I’m saying?

Oh and the connected quote in this is even more hilarious “there has to be a political process to bring about a ceasefire as there does in Syria“, we can ignore the typo here, as I am more interested in the event of a ceasefire in Syria, when was there one and for how many minutes was it ever honoured? I think we can see the wind blow from an anal direction, smelly, unwelcome and extremely unhelpful, except for the person who is doing the farting, especially if it was after a few bowls of chili and cheesecake. The quote “They said the reported use of cluster bombs “calls into question the coalition’s wider respect for the rules of war”” is actually quite interesting. It is so for two reasons.

In the first, the Saudi Arabia never ratified the Ottawa treaty and neither did America for that matter, which makes me find the entire matter moot to say the least. In addition, I have been to the Middle East, not to Yemen mind you, yet the issues as seen in Libya, Yemen, Gazah and Syria shows that the lines of war are blurry to say the least, whilst not inaccurate, or improper, the ‘rules of war’ tend to be a bit of a ghost reading when we consider any war in the middle east. Even when fully part of a government, distinction of combatant and non-combatant quickly goes blurry, Beirut is equally a nice example in the 80’s. And what does that mean ‘wider respect for the rules of war’, he did not state the articles of war, giving way to a few more issues that bubble to the surface. More important, which accords (read: treaty) did Saudi Arabia sign? So as everyone is accepting the blind accusation of the use of British munition, which could be valid, the fact that the deal was made 30 years ago takes it all from the table. From my side, there is no clear evidence that if this stems from the 80’s that it is those delivered bombs (if they were of the cluster type) has no way of actually knowing what origin the used cluster munition had. And after they went boom, it might be impossible to show the original maker of the device that went boom. The last is a speculation from my side, yet overall, how wrong am I?

So as we see that Labour wants an early election and on how Jeremy Corbyn will hold nationwide ‘economic policy conferences’, will he also be raising issues that are 30 years old? Will we hear the story of the squandered 11.2 billion pound NHS funds? Or will he get united support by the financial industry on how important the single European market is? You know, those people who have everything to lose when they need to become competitive instead of having a 27 nation agreement where all get the maximum charge out of pension funds everywhere? I am merely asking. In addition, perhaps we will get info how the British economy is so much better served by not charging Saudi Arabia 2.3 billion Euro, so that France can. Let’s be honest here, I have no issues with the vote to halt delivery of weapons to any nation, yet to do it on a delivery done 30 years earlier is equally disturbing, especially as there still unanswered questions regarding the amount delivered and more important when the cluster bombs were delivered, for which plane were they meant?

Jeremy Corbyn should be making a lot of people really nervous. A person that is too little regarded in his own party is likely to be removed from his own office within a week of winning, so as we then see infighting and no results whatsoever, we see a stagnant economy fold and it will only benefit those who want to increase their stranglehold on the British Economy. The UK cannot afford this. In that regard having UKIP run the nation might even be safer, a bolt and dangerous statement to say the least. What we can see is that Labour no longer has what it takes. Let me just ask one last question to Jeremy Corbyn: “The £11.2 billion squandered on a non-working NHS IT project. Can we have it back please?” There is unlikely an answer forthcoming and more important, he has absolutely no clue where that kind of money from. Oh and let’s be clear what is starting all this, an event that is 30 years old! #JustSaying

 

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Deadly diversification

A term that is very much aligned with finances, perhaps to some degree this is about that, but it is even more about the diversification of business. The path we see did not start today or yesterday, yet as the news releases pile up, we need to consider the impact some are creating, mostly by not making any level of an impression. The final straw became clear and visible as Eurogamer (at http://www.eurogamer.net/articles/2016-12-20-crytek-breaks-silence-lets-go-of-multiple-studios) gave us the news on Crytek. The quote “Crytek had struggled to pay staff since May 2016, but a source within Crytek’s main office in Frankfurt, Germany, told Eurogamer last week that October salaries had arrived, with November salaries set to be paid this week” is at the heart of the matter and as we realise that it is end December, we feel for those people who have been without pay for the longest of times. Now I am not going to kick a person who is down, that just ain’t cricket. Yet what does matter is that if we were to believe Ubisoft, that this house, the makers of Far Cry, Ryse and Crysis is in a mess that is deeper than a mere slump.

So Ubisoft? Were they not evangelising how great a game Far Cry was and how well Far Cry had been doing? If that is so, how come that Crytek is in such a mess? From what was initially a game I did not like (far Cry 1 on xbox360 is the only game I literally threw out of the window, the disc that is) was a game that I ignored, until I got the free edition on the PS3 as part of my PlayStation Plus, so as one does not look a gift horse (you know what I mean), I had a go at it and I was amazed on how a failure had become such a good game. I even bought the 360 edition later. Yet I kept my distance with Far Cry 4 as things were a little weird and the least said about Far Cry Primal the better, although it was not a bad game (at $20 I was willing to chance the burn of a lost $20 bill).

Yet here I myself was making the initial error. You see Crytek was the initial developer of Far Cry, the rest came from Ubisoft Montreal. Far Cry 3 was awesome and what followed was basically more of the same with a few nagging issues, not bad games mind you, but continuation of the same is what was the matter with the Far Cry series, a lesson Ubisoft has been unwilling to learn. I loved Far Cry 3 because of the stealth part, there is a lack of stealth games and Far Cry 3 filled that need. Yet repetition will never be a good taskmaster so as we saw more focus on large explosions and big guns, I personally saw a decline in the Far Cry series. Everyone said I was wrong and the fact that the ratings have been in decline is to some extent evidence that I was not.

Now we know that Ubisoft sees itself as the multibillion dollar revenue titan, yet we can agree that it only remains to be a titan for as long as the games are really good and it has been lacking in that department. If Ubisoft is still breathing it is mainly due to the impressive improvement that Watch Dogs 2 is turning out to be (by Ubisoft Montreal) and the anticipated success that For Honor is showing to become (also Ubisoft Montreal). So is that all?

Nope, the other side of their gaming franchises are taking another hit when we consider the Guardian (at https://www.theguardian.com/film/2016/dec/19/assassins-creed-film-review-michael-fassbender-videogame-marion-cotillard), when we see ‘achieves transcendental boredom‘ gets a rating of one star and scores a lot lower than last year’s remake of Point Break, we know that the bottom of the barrel had been reached. Ubisoft might not mind losing $120 million as they are approaching 3 billion in value, yet that value becomes debatable and questions whether the value of Ubisoft has been inflated when we look at the non-successes from the last few years. As for the movie? Well I personally think that other questions come to mind when IMDB gives it 8.2 out of 10, yet Rotten Tomatoes sees it as 26% fresh, making it basically 74% rotten. Where the tomato dudes and dudettes state “the CGI-fuelled end result still is still a joylessly over-plotted slog“, with a stellar cast that includes Michael Fassbender (12 years an entrepreneur), Jeremy Irons (from Brideshead Revisited to Justice League a hit) and not to forget the utterly lovely fashionista  Marion Cotillard from Orleans (which is cool as this is one of the few French cities I actually visited in the past), who some saw first in Taxi (by Luc Besson) and most remember for being the person who drive the dagger home into Christian Bale in The Dark Knight Rises, with dozens of additional awesome gigs in between. So the cast was already top notch. So as I see the ratings and critics we can set the issue with the director and script that both might be regarded as below basement levels. In all this Ubisoft needs to be pointed at as the cause for the mere reason that you do not sit idly by as what should have been regarded as the most important franchise of Ubisoft to take a hit like that. A mistake that is not the first one (remember Unity). In this, the review Forbes is giving, as diplomatic as they could be, gives way that several high placed Ubisoft meetings are due and these board members better get a really good grasp of the risks they are now running. Although, I thought they would not last this long, the fact that they are still around can only be attributed to the hit ‘the Division’ became (it really is), the improvements Watch Dogs 2 proved to contain and the informing approach that Jason VandenBerghe has done through quality gameplay videos on YouTube showing the people that For Honor is indeed the awesome journey gamers hoped it to be. We could speculate that the life of Ubisoft would be depending to promote several people from Ubisoft Montreal to get promoted to the board of directors whilst we trim the fat with a sharp blade from the current collection of board members, whether Yves Guillemot would like to call it trimming fat or slicing off surplus weight is up to him, but he needs to do something to get Ubisoft to stand out in a few ways, standing out in one way will no longer be enough, the movie is making sure of that. Regarding For Honor, we have a small addition (at https://www.youtube.com/watch?v=B1LF52R8U_0) where the gamer himself is really not that good, yet we still get to see some awesome gameplay, making us all wonder, what damage can we, as overall better gamers do? The fact that I had this question in mind in a multiplayer setting is something I rarely have, mainly because I am not that much of a multiplayer person.

Yet let’s get back to bleeding and sickly Ubisoft. We will see how they will do and how desperate the fans will be to see the movie, yet the reviews are not great and as the AC fans have Rogue One, Moana and Office Christmas Party to see the options for the AC movie are not that great, yet we should consider that any large issues we will possibly see in the new releases could be countered by Ubisoft giving us a free download of the movie, which they can then book as sales and as negative sales (loss) keeping their tax deductibility high as well as their ‘revenue’.

We could attribute that approach to optional good CFO management, yet in that regard, the games that are lacking the high reviews they could have had, as seen by Assassin’s Creed Unity, Assassin’s Creed Syndicate, Far Cry Primal and the Crew. We need to wonder what else gamers are missing out on and the issue with the movie should not be linked, yet the gamers are unlikely to see it that way. With two non-hits, the movie now expected to be a flop and the AC franchise a year away from the next one, you should see this as an alarm issue for Ubisoft; in addition it is not impossible that Ubisoft could decide down the track (next quarter) to push forward the time line of the next AC game, with additional risks that the next one is another version of Unity.

In all this I am intentionally ignoring Steep. Even though the ratings are not great, I think it is a great achievement in its unique kind. Extreme snow sports are very niche, just like some sport games. The open world approach is truly cool and the fact that there is a tongue in cheek developer amongst that team and added the achievement ‘Shaked by the bell‘ is just awesome, just remember to go head firsts! I will accept that niche games like this score lower because of the niche character, but the fact that it shows something not seen before needs to be heralded, especially as I have been roasting Yves his chestnuts for not doing so in a few franchises.

Crytek might not be linked to Ubisoft, the issues they face are hopefully a loud wakeup call towards Ubisoft. Diversification in gaming is a good thing, as far as I can see, Jason VandenBerghe is excellent evidence of that, yet the wrong direction and distance could hamper growth and divert attention in another direction. Any firm that has €2.98 billion in revenue, whilst ending up with a remaining €561 million in net income should realise that the cost of 10,000 employees is quite the anchor. It is hard to state whether a remaining 18% of the revenue is a good result. I might have a good grasp on games and gaming, yet the CFO side of such a firm is a close an equal to reading tea leaves. Consider that next year, the AC movie results will be in. Not sure on the producers and where the funding came from, because Ubisoft Motion Pictures is only one of the three producers, so the damage would be limited, but with the additional releases in 2017, Ubisoft needs to make very sure that they have at least 2 really good hits in 2017. For Honor seems to be a definite one, yet the other two at present announced is the South Park game and Ghost Recon: Wildlands. Ghost Recon has a good track record, sales will have to show how good a game it is, of course until the final version is ready, we just cannot tell. Of course in addition there will be the games that remain unknown for now, games that will see the first light of day on June 13-15 2017 at the E3, unable to tell whether it will include additional 2017 releases, yet from my point of view, if the list does not change, there will be slimming required for Ubisoft. It would be great to see Ubisoft escape the abyss, especially as the push at present might not be entirely their fault, yet they were partly producers, giving them a slice of that expected flop too.

In the end, these are only a few parts, as stated, Ubisoft has had its shares of successes and the Division is one, with a new DLC available, those who did not take the road of the season pass will have to shell out $15 to get this DLC, giving Ubisoft another boost in revenue. In the end, do these actions matter to anyone but Ubisoft? I am going with yes! You see, we might be positive or slightly negative for the first Assassins Creed, yet there is no doubt that 100% of the fans have been 100% positive regarding Assassins Creed 2 and Brotherhood. This is the reality and we gamers, we want more of that amazement offered in November 2009 and 2010. I reckon it is that part that has driven fans (me included) to such anger as the franchise started to slide and the movie reviews so far aren’t helping either.

Yet, there is a clarity in the success that Watch Dogs 2 brought, which is a forward momentum, baby steps, baby steps.

From my point of view, Ubisoft needs to diversify as stated, yet I reckon it should be in another direction of gaming. I think that the salvation (read: stronger growth) of Ubisoft lies in new IP, in light of Watch Dogs 2 we know that the right team can salvage broken IP, we also know that the right person can create awesome IP (read: Jason VandenBerghe), so if Ubisoft can pull this off twice more, it could return back to the top it once clearly held, even more interesting for the big dude at the top of that hill (read: listens to the name Yves), possibly with a margin decently better than 18%. In that regard 2017 will be an interesting year.

 

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Rephrasing a Minder

Politics tends to be filled full of weird and crazy people, from my point of view those people tend to be members of the Labour party. That view got a new light in the article ‘Labour calls for closer scrutiny of tech firms and their algorithms‘ (at https://www.theguardian.com/business/2016/dec/18/labour-calls-for-regulation-of-algorithms-used-by-tech-firms). Now, there are two sides to any equation, so let me give you the two that I have.

1. I believe that tech companies have been facilitators for too long, many will not accept any responsibility for way too much. On the other side, I do believe that the only working internet is a free one. So when I read the words from Shadow minister Chi Onwurah, I honestly did not regard her to be anything more than a person seeking the limelight. It is equally important to realise that she is using last week’s amazon debacle in Scotland, with questions how that relates to regulating algorithm, it’s a mere application of employment law, is it not?

From the quote: “The outcomes of algorithms are regulated – the companies which use them have to meet employment law and competition law. The question is, how do we make that regulation effective when we can’t see the algorithm?” I feel slightly cautious to call Chi Onwurah a joke, there is a chance that some of this was lost in translation, if not, she has a larger problem to deal with. That problem will be clearly visible when she decided to look into a mirror. So why to look at my point of view?

You see, there are no regulations on algorithms, they are basically formulas with a solution. In addition she states: “greater scrutiny of the mathematical formulas that now control everything from the tailored news served to Facebook members to the speed at which workers are required to move around an Amazon warehouse“. I think that we need to look a little closer at the last statement. You see, it is highly likely that any staff members would need to meet a certain amount of jobs for shipment and delivery. Yet how feasible is that requirement? I can’t tell from the description that was given a week ago, too many variables missing, that does not make the approach regulated. Yet like in any job, workers have ‘responsibilities’, yet more important, they have rights. These are clearly set in most countries of the Commonwealth, so how does that equate to apparent regulated algorithms.

2. The openness of any system will silently advocate the abuse of it. A not so good example was given by the Guardian (at https://www.theguardian.com/technology/2016/dec/04/google-democracy-truth-internet-search-facebook), where we see ‘Google, democracy and the truth about internet search‘. We get Carole Cadwalladr with the quote ‘and this was Google’s answer: Jews are evil. Because there, on my screen, was the proof: an entire page of results, nine out of 10 of which “confirm” this‘, which started with typing 7 letters ‘are Jews’, which is an issue from character one onward. She then tries to dilute the issues by setting the image of the search of ‘are women evil’, probably to ease the tension, but the damage is done, short-sighted (as I see it) she continues. So whilst she wastes two paragraphs on titles of the slightly anti-Semitic nature, which she then sets in an atmosphere as “I feel like I’ve fallen down a wormhole, entered some parallel universe where black is white, and good is bad. Though later, I think that perhaps what I’ve actually done is scraped the topsoil off the surface of 2016” and she ends with “This isn’t a secret Nazi cell lurking in the shadows. It’s hiding in plain sight“. As I personally see it, she is the person who has been standing behind an iron for most of her life and now she sees her first microwave, a cliché if I ever saw one.

You see, the article goes on for some time and there are really good parts in it too, although the spatial map is a bit of nerdy space we could have gone without, the issue I never see properly addressed is that the term ‘are women evil’ and on number one is a WordPress blog, literally with the link ‘sheddingoftheego.com/2015/06/25/are-women-evil/’ and the title ‘Are Women Evil?‘ literally a perfect match for what the person was seeking. Google worked perfectly. What is ignored and what influences many sights, especially on how Google Rankings are influenced. Now Google has a way to counter it, yet this is not immediately done and it is not perfect either. Places like Reddit are actively working on posting whatever they need to raise their ranking and the rankings of their customers. It is interesting that the Guardian, the Huffington Post and Forbes take absolutely ZERO time to explain the games that SEO’s are playing to influence ranking through scripts. because it is in the end what someone was seeking for, yet the fact that this is the direct value for SEO’s and terms like ‘Tips on how to improve your website’s ranking on Google’s search engine results’ were also ignored in these articles giving rise to the one sided and unbalanced view the press is giving, whilst those in the digital media all know that this is done and those who are doing it usually have a massive tag list ready to add to EVERY story they write.

So when we see the quote “Many search results are now reinforcing extreme views, with articles denying the holocaust or disparaging women increasingly appearing at the top of the rankings“, we need to wonder Chi Onwurah should even be allowed to be Shadow Minister of Department for Business, Energy and Industrial Strategy, or Just the elected MP for Sesame Street. By the way, what I did not know is that this department is also responsible in the area of Intellectual Property, so if Labour ever wins, we need to get scared fast.

So getting back to the MP in my sights, it is important for her to realise not just what a google search does and what it shows, but the elements that influence it and what happens under the real guise and the influenced guise of what people are looking for. By the way, her article acted for possible millions of additional clicks, because she raised the issue, whilst not raising the alert of how the numbers get influenced. So, as we go down the article, we do need to stop at a part that matters a lot. This is seen in the quote “Social media platforms are being blamed for allowing the spread of misinformation and online abuse, conditions which some argue are fuelling the resurgence of extreme politics in America and western Europe“, which is a fair point, yet as bullies and trolls can hide behind the freedom of speech without accountability, there is little chance of this changing, in addition, this isn’t a transgression from 68 million people in the UK, it is the search result and interaction of billions of internet users on the planet, so as there is no localised situation, misinformation and online abuse remains. In addition, as Chi Onwurah should clearly realise, when we see webpages with quotes like ‘Millions of People Are Cancelling Their Netflix Account Because Of This One Site‘, whilst the link looks like a cookie 2 miles long, all set to improve visibility. The media at large, including the UK make use of professional cookie, tags and ranking strategies and all kinds of advertisement counters, so when she is talking about regulations, setting anchors against the exploitative use of cookies might not be the worst idea. In addition to that thought, whilst labour was in office, they did zero to get the tax accountability rolling on corporations, so to see this quote “need to take responsibility for the unintended consequences of the algorithms and machine learning that drive their profits” in the reality of the law (the act of facilitation), she needs to realise that her statement is empty and hollow to say the least. So when we see “we need a tech-savvy government to minimise the downside by opening up algorithms to regulation as well as legislating for greater consumer ownership of data and control of the advertising revenue it generates“, she is not unreal, she is utterly unrealistic for even considering to open up that tar pit, because once we see that regulation come to ground, the economic algorithms are the first one we will have a go at and at that point, when that reality comes knocking, she will soon be the loneliest politician in the history of the UK. In addition, is it not interesting how Bing was not mentioned once in all of this? Why is that Chi Onwurah? Basically this is an act of discrimination, however let’s not nit-pick in an article that is already shoddy in several ways.

The software engineering reality (historically speaking) is that the Google search results and Google ranking was filed in 1998 with a priority in 1997. Lawrence Page realised that the content on the internet would be growing exponentially and as others were concentrating on corporations and corporate views the founders of Google looked at a much bigger picture, so finding anything would sooner rather than later become a massive issue.

In an age when the ‘great’ internet companies were about image and looking cool, Google started to get professional. In the days of Yahoo, Yahoo was the search engine of choice. Alta Vista, later Excite and a few others were garbage from week 1 whilst never catching up in any novel way. Yahoo started in 1994 and they were leaders for a while, and in the 90’s as Yahoo grew its value, they started to lag behind. Now the irony is that Yahoo got started at Stanford and the Google rank patent was designed and invented at Stanford too. By the time someone started to ask the right questions it was already too late and the Google patent for ranking gave them exclusivity which will last a little while longer, but others are now considering the consequence that Google Rank patent will still be in effect when G5 starts, as the issue of ranking is still growing near exponentially as more and more files are added and with G5 it will take on an additional dimension.

now we see the issues that are brought to the foreground in what I regard as a half-baked shadow ministers approach, asking ‘questions’ and implying regulations, all this whilst a below par informed level of knowledge is shown in the articles they set to press. One of the issues is actually shown in one paragraph in the Huffington Post “Finally—and this is the key point—even without human intervention, Google’s algorithm, while doing exactly what it’s supposed to do, routinely boosts one candidate higher in search rankings simply because of normal “organic” search activities“, which is the cornerstone. As we know, organic search (what you type in the google search bar) is used, yet what happened when this is done through scripting? What if a few of the 200 parameters gets influenced from outside though scripted actions, again and again? That part was never clearly mentioned, but it is the bread and butter of nearly every SEO, to get the position and ranking of their clients to the very top, in every possible way and method and the shadow minister does not give any visibility to it, the visibility it requires and deserves.

That is the flaw in all this and this is the need to rephrase a minder, a minder who as I saw it never understood the plot, or she did know and she was misinforming the readers to some extent, yet how much requires misinformation and was that not what she was accusing social media of? So as we await Labours industrial paper, we will have a few more options to have fun of labour especially as they define supervision whilst again not getting any results in proper corporate tax legislation, not even as suggested proper corporate tax legislation.

taxformulaSo should we see the taxation algorithm for large firms where x is the taxable amount, b is revenue and a is tax deductible options, you know that it is not just the regulations of algorithms she got wrong.

 

I’ll let you decide.

 

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