Tag Archives: PwC

Sleeping with the enemy

We have heard the expression; most will remember the movie with Julia Roberts and Patrick Bergin. The expression is slightly harsh and a little over the top for the setting that I find myself presently in with PwC. You see, some people are playing a dangerous game. So when I see ‘UK firm PwC criticised over bid for major Saudi Arabia contract‘ (at https://www.theguardian.com/world/2018/jul/31/uk-firm-pwc-criticised-over-bid-for-major-saudi-arabia-contract), I find myself on the side of PwC supporting them. The article is an issue on a few levels. I touched on a few two days ago with: ‘Oman’s neighbour‘ (at https://lawlordtobe.com/2018/07/30/omans-neighbour/), so this setting is actually most informative when we consider the issues seen here. I objected to the setting that Amnesty International gave a consequence, yet the original setting that started it was missing, in all this, the fact that the Houthi forces are firing missiles into Saudi Arabia, as is Hezbollah and Iran is the puppet master behind all this, so when I see “Peter Frankental, Amnesty International UK’s economic affairs programme director, urged PwC to explain what due diligence it had undertaken before pitching for the work“, I wonder if Peter Frankental has done its due diligence into the situation where a terrorist organisation (with evidence from several sources) is operation on Yemeni soil with full backing of Yemeni officials, who are also extremely aware that they are facilitating for Iran. That part is missing from the charade that Amnesty International states is ‘the humanitarian nightmare‘. We agree that too many Yemeni are in the middle of this, no one denies that, yet the actions by Iran via Hezbollah and the Houthi’s are an issue and in this they merely ignore the founding factors.

In addition, the UK, with a desperate need to improve the economy has options and opportunities in Saudi Arabia, creating a dialogue, helping Saudi Arabia move forward. We admit that it will not be fast, it might raise obstacles, which is a fact of life. So when Peter Frankental sets ‘due diligence‘, I am of the mind that he clearly did not proceed with that duly noted diligence to a rather large extent.

So when I see “The United Nations guiding principles on business and human rights make it clear that a company may be viewed as complicit if they are seen to benefit from abuses committed by another party“, in that view, Frank please explain to me how you will prosecute Northrop Grumman, Palantir, Blackberry, Dell, Pelican and Apple? I would really like to know that at present. I am going to grasp back at an expression that we get from Robocop, it was spoken by Kurtwood Smith: ‘Good business is where you find it!‘ and Saudi Arabia has business settings for up to £825 billion, so PwC is getting vetted for a chunk of business that could optionally keep thousands employed, grow optional new businesses and industries. In addition, when exactly did Peter Frankental set the stage for a similar attack on Virgin? Are they not setting up the first Hyperloop there? So where is Frankie boy in all that? Now, it is not my intent to slam out at Frank, he seems to have his heart in the right place. Especially when we look at a paper by the House of Lords called: ‘Any of our business? Human Rights and the UK private sector‘, it seems that he has forever focussed on this, the paper (Attached) is from 2009, where we see on page 15 “In particular, we contend that the UK state could and should play a greater role in the governance of corporations so as to contribute to the protection of human rights from corporate abuse, whether the abuse occurs in the UK or abroad“, that is fair enough, yet he is setting now the acts of an attacked government into a corporate right, in that same setting all exports to the US should in that light be equally questioned and regarded as illegal, you basically can’t have it both ways Frank!

So when we grasp at: “In particular, we do support the idea of some kind of international instrument for corporate accountability within the UN system, but we agree with Professor Ruggie that such an instrument would not exist to monitor the activities of tens of thousands of transnational corporations, that would be unfeasible, but it would exist to reinforce the will of states to hold companies to account within their jurisdiction” and set the dimensionality of a flaccid UN when it comes to the events in Syria, there is such overwhelming evidence of inaction (through Veto or not), which gives us that in the faced setting PwC should not even be a blip on his radar. Not when we compare it to “the US contractors are mostly focused on supporting the 2,000 US troops in Syria by delivering hot meals, gasoline and other supplies. More than 30% of them support logistics and maintenance, according to the quarterly Pentagon report, and another 27% help with support and construction of US military outposts in the region” (source: Al-Monitor, April 2018). So how much visibility did Frank give here? In all this, he does not get to hide behind the ‘It is not linked to the UK‘ you just cannot become a ‘local’ party towards a global event when you decide it is. It just does not work that way.

In this, we also see: “PwC already has a presence in Saudi Arabia, but it is the company’s UK operation that is behind the defence project“, which is true, because I applied and they were not taking any non-UK citizens. Darn!

In addition, with: “PwC has launched a “call for resources” – asking specialists and consultants in London whether they would be interested in moving to Riyadh to start the work – because, it has said, it is “currently finalising the deal”“, we see that PwC has the setting to move people to Saudi Arabia, more employment and in addition a sector growth that could lead to 10 figure long term deals, but fear not! Peter Frankental will be there to try and undo the economic boom that will benefit the UK (was that overly simplified?)

So with the upcoming opportunity and the subsequent quote “focus on how to reshape recruitment, resourcing, performance management and strategic workforce planning, and how to manage and communicate change“, it actually goes further than that, even as a lot more performance management is likely to be shown, it will also be about what is the hierarchy and what is not. In light of work safety and preparedness (yes, even in the military), the setting of ‘Own the challenge‘ is a lot harder to scribe into the soul of the person. To set ‘solving’ the issue as the forefront of ‘that what is my actual responsibility‘ tend to be a challenge even within the most flexible workers, so I predict that there is a shift that will soon be shown in places like Saudi Arabia as well. I will admit that having never worked there, that this setting is more speculative than anything else.

So when I see Frankie give us: “As any accountancy firm involved in work for the Saudi ministry of defence must know, the Royal Saudi air force has an appalling record in Yemen, with the Saudi-led military coalition having indiscriminately bombed Yemeni homes, hospitals, funeral halls, schools and factories. Thousands of Yemeni civilians have been killed and injured“, the equal question on how many missiles that Iran enabled the Houthi and Hezbollah forces allowed to be shot into Saudi Arabia, and there is the drone strike issues in the UAE to consider as well. In addition, it is called ‘Saudi Ministry of defence‘, not the Hezbollah missile strike team. It might be nit-picking on my side, but then, I was always willing to go for broke.

Then there is the setting of “the UK “should be focusing on trying to stop this terrible conflict, not assisting the Saudi government.”“, yes it is an interesting setting by Anna Macdonald (younger sister of Ronald). When we go to the site (at https://controlarms.org/meet-the-team/), we see Anna Macdonald, Raluca Muresan, Zoya Craig and half a dozen volunteers. Yet, lets also congratulate on the bang up (or is that blow up) job they did in Syria, as well as a few other places. So when I see: “a global coalition working for international arms control“, which is a good goal to have, the flow of missiles and arms from Iran into a few places was not really stopped was it? Iran has exported small arms and ammunition to Sudan and Syria, anti-tank missiles to Syria, Sudan and Somalia; rocket exports to Syria, Sudan, Libya as well as shipments to Hezbollah and Iraqi insurgents. So in that list, and the goal Anna Macdonald envisions is a noble one, no one denies that, in all that, with at least two dozen of export mentions excluded, I think that PwC should not be on her list either. Especially, as the Saudi Arabian civil population is still under threat of missiles from a terrorist organisation. No one denies that the Yemeni people caught in the middle are in a really unbearable place, but all these actions means that no actual actions are taken against Iran. So as we were given ‘the European Commission has moved to add Iran to the investment mandate of the European Investment Bank (EIB)‘ a mere 18 hours ago, it seems to me that in all this Anna Macdonald and Peter Frankental should be setting their focus in a different direction, or perhaps that will merely not give them the limelight that they so desperately need (for all the right reasons mind you).

In all this, the defence from Saudi Arabia in the person of the foreign minister, Adel al-Jubeir was reduced to a mere: “Judeir blamed the Houthi rebels for blocking aid and contributing to the humanitarian crisis“, is that not interesting too? The actual blockers of humanitarian aid was set into a mere footnote, a mere 14 words, so in all this, where is Peter Frankental at this point?

 

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Pinata whacking Couper

There is a little mean streak in me, you see, it started with Tesco, and it actually started a little earlier. But the gist is that when it concerns PwC (PricewaterhouseCoopers) I tend to take a swing at them whenever possible, I just roll that way. So there I was looking at ‘PwC charges more than £20m for first eight weeks of Carillion collapse‘ (at https://www.theguardian.com/business/2018/mar/21/pwc-charges-20m-eight-weeks-carillion-collapse-final-bill) when I realised that when I wack those boys I usually have good reason and supporting documentations to test my latest sledgehammer on a member of their board of Directors. In this article, when I saw “MPs have accused the accountancy firm tasked with salvaging money from Carillion on behalf of its creditors and pensioners of charging “superhuman” fees, after it racked up a bill for £20.4m in eight weeks” it took a mere 3.2 seconds from spitting in my hands and getting ready to swing that hammer at Kevin Ellis (yes all the way from Sydney, my arms are that long). I held off and went ‘wait a minute!

You see, I always had as I saw it good cause, but who are these MP’s thinking that they have good cause? The first is Rachel Reeves, the Labour MP in charge of the business select committee. So she mentioned that ‘superhuman’ part. What does she know? The Wiki claim states that she is an economist. So how much does one charge for 112 consultants? You see at £199 an hour we get £891K for these people working a mere 40 hours a week. As it is the UK, they are more likely to work 60 hours which gets us at flat rate £1.3 million a week which leaves PwC with an overhead of a mere £100K whilst I have not taking into account any additional expenses and they tend to get high. I reckon that these people are likely to make a lot more than 60 hours a week, that is the result of “£2bn to its 30,000 suppliers” and as the article states “a week to employ 112 staff to keep the company running and to honour government contracts” we do not see the inclusion of any additional staff that was not hired and that is still assigned via PwC. So that took a mere 6 seconds to realise that I was not getting to whack Kevin Ellis. Leave it to a Labour MP to spoil a perfectly lovely Friday morning feeling. Now, let’s also realise that my calculations could be way off, there are so little actual facts in the article (I am not blaming the article here) that there are hidden traps all over the place. I think that Rachel should have gotten up from the right side of the vibrator that morning, as we need to realise what an amazing mess Carillion is. The oversight had fallen short on so many sides, with the mention of pensions and a shortfall that is close to a £1,000,000,000 should be a much larger issue and the fact that this had fallen short implies a level of what I regard to be criminal negligence that is unheard of. We merely need to look at ‘Carillion’s pension crisis defies magic legal cure‘ (at https://www.ft.com/content/5041d10e-1a1c-11e8-aaca-4574d7dabfb6). So when we see “Yet in the seven years before its collapse, Carillion made contributions to the fund of just £280m while paying out dividends worth more than £500m“, my first idea is to look at the auditors and the accountancy firm. So how much overview did Rachel Reeves give regarding KPMG? We get part of this when we see ‘Why didn’t anyone working with Carillion say it was going to fail?‘ (at https://www.independent.co.uk/voices/carillion-kpmg-auditors-audit-hbos-financial-crisis-self-regulation-deloitte-a8185356.html). Here we see: “In March 2017, the giant audit firm KPMG signed off on the annual accounts of the construction giant-cum-outsourced services provider Carillion, saying they gave a “true and fair view” of the state of the company’s affairs. For this work, KPMG received a fee of £1.4m. This followed £1.4m of fees recouped the year before. In fact, KPMG had been Carillion’s auditor every year since it was founded in 1999. You don’t need to be an accountant to work out that that adds up to a very lucrative client relationship” that whilst we get the news that a mere four months later “its contracts to provide services were worth a remarkable £845m less than they had previously been valued on its books” that is an amount that exceeds whatever Richard Branson has in his wallet on his best days, so how was this overlooked? So as Rachel Reeves was kind enough that the value of KPMG is not good enough to audit the contents of her fridge, she should also be aware that this entire audit is not merely the outstanding invoices, there is a decent concern that the audit of KPMG has been unable to correctly assess issues for 17 years. So there is a real need to set up the correct framework to be able to take a long term look to the matters as well as the ability to set the right data dimensionality so that the data does not need to migrate over and over as more is found. I would think that an MP who part of the ‘the business select committee’, as well as a graduated economist would know that. You see as an experienced IT worker and a data analyst, I saw that coming a mile away.

So here I am partially standing up for PwC (so how fucked up will my day become?), news at 23:00. So when we get back to the Financial Times article and we see “As a House of Commons report has noted, Carillion’s growing borrowings were not used to invest in the company. In fact, while the group’s debt rose 297 per cent between 2009 and 2017, the value of its long-term assets grew just 14 per cent“, can we agree that there is a side that is terribly wrong here? These matters should have been clear in the KPMG reports, which now clearly overthrows the statement “they gave a “true and fair view” of the state of the company’s affairs“, I think that we can all agree that this part has been debunked in 30 seconds flat. In addition the Independent gives us “Moreover, KPMG was not the only auditor of Carillion’s numbers. Its 2016 report relates that it had a special “internal” auditor too, in Deloitte, with which it worked even more closely than with KPMG. So why didn’t Deloitte pick up on the dodgy contract numbers?” For me that is an interesting side as I have never seen anything dodgy in Deloitte. The fact that they might be part of the mess (unlikely though) is also cause for concern. More important, as I personally see it, it will be up to PwC to get that part out in the open. What was the exact assignment of the internal auditor, what data was presented, what data was accessed and used and who was part of the entire reporting stage of this internal audit? It would show more players in all this and could optionally give a better path in seeing the navigations that the decision makers in Carillion were involved in.

That is a part that we need to realise and consider.

There is another concern that the Independent brought to light. With: “Previous probes by the FRC have produced nothing but clean bills of health for auditors. “In nearly every major financial scandal we’ve had since the financial crisis, the FRC decides none of its charges have done anything wrong,” notes Jim Armitage, city editor of the Evening Standard. Worse, these rulings come with no reports or published evidence, making a mockery of the FRC’s claims to “promote transparency”” we might think that it is merely the FRC, yet what Wall Street taught us is that the entire 2008 joke gave rise to an 8 trillion write off, whilst no actual laws were broken, or at least none that could be proven, so in that regard, if that happens again now, we can clearly look at the House of Lords, point fingers and tell them to improve laws immediately and hold any MP and minister accountable for naming and public shaming. It might work, but I doubt it. You see, until there are large and unforgiving prison sentences, whilst also remove all the rights of ownership to those involved in Carillion, nothing will change. I have seen people setting the ownership of their large estates to their wives and then deny that they had any outstanding financial responsibilities in more than one country. Until these matters are settled this game will continue because greed will always win in the end.

So when we get back to the initial article we get “Kelly, who said his personal rate was £865 an hour, said PwC’s costs would gradually fall as more parts of Carillion were sold and staff from the accounting firm stopped working on the project. He said the firm initially had 257 people working on Carillion, with a bill for about £3m for their services in the first week after its collapse“, we see where part of the costs went to, so as my calculations was based on smaller settings we see how easily these costs were attained and the end of it is not in sight. Rachel Reeves should have seen this clearly as she had access to data I still have not seen. I think it is much more interesting to look at “Finance director Richard Adam, who retired in December 2016 after nine years at Carillion received almost £1.1m in salary and bonuses in 2016“, which we get from the BBC. So if we get to see the wrongdoings of Richard Adams, this is a reasonable speculation as the entire mess goes back a lot further than 2016, will we see these same MPs demand the auctioning of the goods of Richard Adams to make up for the losses of Carillion? You see the article stated MPs, not singular. Rachel Reeves might have been the visible one, but I want to see all those names, because when we consider the BBC news (at http://www.bbc.com/news/business-42703549) as it gives us:

  • The £350m Midland Metropolitan Hospital in Sandwell: opening delayed to 2019 due to construction problems.
  • The £335m Royal Liverpool Hospital: completion date repeatedly pushed back amid reports of cracks in the building.
  • The £745m Aberdeen bypass: delayed because of slow progress in completing initial earthworks.

We need to ask questions on several MPs all over the field, all over the UK apparently. These three alone show a £1.3 billion issue are so out in the open that these three alone will constitute evidence of a much deeper required accountancy dig. Three issues shown last January and these three alone gives rise for me to think that PwC will be able to charge a lot more and in addition, the entire settling and selling could take a lot longer than some expect it to take. So these elements are the setting for additional costs, so those MPs might claim that there is a case of ‘milking the Carillion cow dry‘, but they better be ready for me to take a look at more than these three projects, because I will ask openly on their failings to get a handle on matters, because I am 99% certain that these three projects alone will lead to a dozen others all over the UK and if there are no clear memo’s from those MPs in regards to Carillion, they will be named openly to give rise to their shortcomings (perhaps also what was between their legs), because if you do not have the balls to go against the larger players, you should not be in office at all. Yet, that might be merely my warped expectation of elected officials.

Carillion is a clear mess that had been going on for a much longer time than some expect. You see, that part is seen in ‘cracks in the building‘, ‘construction problems‘ and ‘slow progress in completing initial earthworks‘ it implies optional failings going all the way back to the foundation of the works that were possibly never correctly done in the first place.

So I might still end up treating the bosses of PwC UK as piñatas, but at present there are plenty of other targets and so far (remember I say ‘so far’), in this particular case PwC seems to be in the clear (darn!).

 

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Apples, Pears or Fruit?

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

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

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

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

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

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

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

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

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

Yet what are you adaptable or flexible?

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

So what gives?

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

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

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

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

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

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

 

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Lawyers on a weakly basis

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

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

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

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

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

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

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

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

 

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Retaining stupidity

This is the very first thought I had when I saw “Artificial intelligence commission needed to predict impact says CBI“. Within half a second my mind went into time travel mode. Back to the late 70’s where all the unions were up in arms on computers. The computers would end labour, all those jobs lost. This is not a new subject as the magazine Elsevier showed un in 2015 with “Angst voor nieuwe technologie is zo oud als de industriële revolutie zelf. Diverse commentatoren refereerden de afgelopen tijd aan de luddieten, genoemd naar een Engelse wever die eind achttiende eeuw machines zou hebben gesaboteerd omdat die banen vernietigden“. “Fear for new technology is as old as the industrial revolution itself. Several commentaries referred to the luddites, named after an English weaver who allegedly sabotaged machines at the end of the 18th century because it destroyed jobs“. There is a partial truth here, you see, it is not about the loss of jobs. It is the mere fact that some of these Business group will soon truly show to be obsolete. In this they rely on a firm whose largest achievement is (as I personally see it) to remain silent on overstated profits whilst not having to go to court, or to jail for that matter (read: PriceWaterhouse Coopers). So by engaging this party they have already lost their case as I personally see it. So when we see “Accountancy firm PwC warned in March that more than 10 million workers may be at risk of being replaced by automation“, with the offset we needed in the past (read: Tesco) the damage might merely be a few hundred people. So I do not deny that some jobs will go, yet like the automation sequence that computers brought from the 80’s onwards. That same industry would give jobs and infrastructure to thousands, livening up an industry we could not consider at that time. The same happened in the 18th century when the looms and weavers grew, the blossoming of a textile industry on a global setting. So when you see “The business lobby group said almost half of firms were planning to devote resources to AI, while one in five had already invested in the technology in the past year“, you are looking at what I would call a flim flam statement. You see, perhaps the more accurate statements might be: “The business lobby group stated that 50% of the firms are moving away from the facilitation that the business groups provides for“, so these firms are pushing in another direction, why give credence to their flawed way of thinking? You see, this is the consequence of the greed driven executives who rely on status quo, they ran out of time and they need extra time to get their upgraded pensions in play. Why should we allow for them to continue at all?

I am willing to give the TUC a small consideration because of their heritage. Yet, when we see in the Financial Times (September 11th) “Frances O’Grady, the general secretary of the Trades Union Congress, said the government was hurtling towards a “kamikaze Brexit” and should keep open the option of remaining in the single market” (at https://www.ft.com/content/c5f7afb8-9641-11e7-b83c-9588e51488a0), yet there is overwhelming presented evidence from all sides both positive and negative mind you that the single market only benefits the large corporations, the small companies are merely disadvantaged by the single market as such we must wonder where the loyalty lies of the TUC, by that notion if the TUC is there for large corporations, or to serve them first, we see another piece of evidence that shows the TUC to be redundant, and as they merely vie for the large corporations as their main priority, the fear of those companies would become the fear of the TUC and as such, they are becoming equally obsolete. The Trades Union Congress (TUC) is a national trade union centre should show clear cause with all the data, not merely the aggregated data results of a data scientist at PwC. So when I see “the CBI is urging Theresa May to launch the commission from early 2018. It said companies and trade unions should be involved and the commission should help to set out ways to increase productivity and economic growth as well looking into the impact of AI.” Who is going to pay for all that? I submit that the Trade Unions pay their own way and ask their members for the needed funds. What are the chances of that? The poisoners part is seen in ‘set out ways to increase productivity and economic growth‘. You see, AI will do that to some extent on several paths, yet it is not up to the government to figure that out or to set debilitating fences there. It is up to the business sector to figure out where that profit is. That is why they are in business! You see, as I see it, the drive to remain in some level of Status Quo was nice until it ended, these companies have driven away the people who wanted to innovate and now they are in start-ups, or in companies that embraced innovation, the older larger players are now without skills to a larger extent, without drive through misdirected use of funds and lacking ambition, so they are going to get hit in all three ways when the driver comes. 5G will be a first and when it does happen AI (it is still years away from being anything truly practical), these two paths will drive new methods of automation and data gathering. But the larger players wanted to milk their 4G base as much as possible, setting up side channels with smaller players like Orange, DODO, TPG, Tesco and giffgaff. Now that they are learning that 5G will be a larger wave then some academics presented (likely at the expense of some placement), now we see the panic wave that follows. Now we see the need for commissions to slow things down so that the milkers can catch up. In my view there are clear reasons that such paths should be allowed to exist.

That is my supported view, it has been supported by other articles and I have written about these events for close to two years now. Now that the party is over, we see players trying to change the game so that they can continue just a little longer. We allowed for these matters in 2004 and 2008, it is time for the governments to give a clear signal that change will come and stopping it should not be allowed, not until they alter the tax laws, the laws on accountability and the powers of prosecution to have a better grasp at these players, a change that must happen before we allow any level of catering to their needs.

By the way, when we consider ‘PwC placed under investigation following BT accountancy scandal‘ (at http://www.independent.co.uk/news/business/news/pwc-investigation-bt-accountancy-scandal-italian-operations-pricewaterhousecoopers-a7813726.html), as well as the Fortune.com issue (at http://fortune.com/2017/02/28/pricewaterhousecoopers-pwc-scandals-oscars/), where we see the five larger issues at PwC, which includes the previous mentioned Tesco, but now has an added Tyco, Taylor Bean & Whitaker, Bank of Tokyo – Mitsubishi and MF Global. So as I have been on the prosecuting tank, ready to roll it over the board of directors of PwC regarding Tesco, having any faith in whatever they want to report on now, unless it comes with all the data for the public at large to scrutinise, they should not get close to any commission and even less be part of the reporting. Now we can irresponsibly use 5 bad apples to identify someone who ships containers of fruit and that would be a valid response and defence. Yet overall the players asking for the commission seem to have their own needs first in all this. There would have been a consideration if there was any given that Google or the Alphabet group to be part in all this, yet that mention is missing and therefor the setting is void. Now, there are more players in the AI field, but it seems that the Google headway is the strongest, the largest and at present the fastest. And with a sense of humour I will add that you merely have to ‘Bing‘ the search ‘AI Commission‘ to see that Microsoft is in no danger of getting anywhere near an AI this upcoming decade. Perhaps the mention of ‘Australian Securities and Investments Commission – Official Site‘ on position 2 and ‘Fair Work Commission | Australia’s national workplace …‘ in position 5 to realise that their AI could be sunk in 13 keystrokes. The power of assumption will kill anything, including ones sense of humour and that same persons appetite.

Yet is there more?

Yes, there most certainly is. You see with “Investment in technology could help bolster Britain’s sputtering record on labour productivity, which is among the worst in the G7 and is failing to improve in line with expectations since the financial crisis” we see part of the fear being spread. The ‘milkers’ as I prefer to call some of them are realising that having space and capital for growth was essential to remain in the game. Some of the milkers are ending up being too visible and plenty of consumers are moving to a place where they can get a better deal. That was seen in Australia in June as ABC news gave the bad news that Telstra had to shed 1400 jobs. We see all kinds of excuses, yet the reality was that for well over 5 years they were too expensive, not by a margin, but by being up to 300% more expensive than a decent alternative. I have had personal experience whilst in a Telstra Shop because I was not an optional business account he had no time for me. Do you think that a company like that can remain in existence? Over the last 3 years, the shares dropped from $6.61 to $3.52, that is pain that a company feels and they remains ignorant and blind to the consequences. That view is enhanced even further by the statements given in the Sydney Morning Herald. With “Our approach [to 5G] is to get in earlier and try to have it modified so it’s more suitable to Australia when it arrives, rather than us have to try to modify it when it gets here,” Mr Wright told BusinessDay.“, so basically there is every chance that Australian 5G will be undercut by some level of standard that is not as given in the 5G handbook. As I personally see it is Telstra’s approach to setting a standard that is no standard at all. A ‘get in first so that we can tell others what the standard is‘, or better stated, what the standard is that you are not adhering to; 3.5G for your mobile anyone?

This Australian view translates to the UK as well. With “Despite the potential for technology to increase productivity, firms are cautious about investing owing to uncertainty over Brexit. Growth in business investment was flat in the three months to June, the latest official figures show“, so these business types are not willing to invest, they merely want the one market side to go on and in light of the delays needed, they want a commission, so that they can force government investment and delays. So they can get the best out of both worlds. The (as I personally see it) exploitative model is continued in every venue we see come and as I see it, it will be much better for us if those business models and business players go, they should go now before they become the detrimental force on UK industries. 5G will be a new beacon of industry and progress, it will open up additional venues for many telecom players and as such we are all better to get on board now and think of that one idea we had that could work for us all. It equally holds the solutions the NHS desperately needs and the fact that 3 larger players still haven’t seen that light is a larger worry than anything else. It merely shows them to be obsolete, dinosaurs in a modern age. As one person told me, the reason the T-Rex is such an angry creature is because its arms are too short to take a selfie. That does make sense, especially when you consider what some of these players think when they think 5G, they merely look at speed, whilst 5G opens up so much more than merely a quick download of a movie, in all this AI could be breaking the moulds and give us something that even I cannot envision, which is actually a really good thing. You see, the new waves will come from people that are different from me; they are the dreamers like the game designers in the early 80’s. They will show vision and give us something we never considered before. That is true progress and the people who bring us weighted predictions and tell us of fear of 20% of all jobs lost need to do what they were meant to do, die and become extinct just like the dinosaurs before them and soon thereafter I will become extinct too. That is the nature of future evolution. Just like my grandfather who could not comprehend the electronic calculator. I am clever enough to comprehend quantum computing, yet I hope I cannot comprehend what comes after, because if I can remain on board at that point we have all become technologically stagnant and we merely move backwards, that too is a personal view I have.

 

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Prognosticated WaterhouseCoopers

I forgot what fun it is to go up against PwC, I missed slapping them around and the article ‘Netflix and Amazon ‘will overtake UK cinema box office spending by 2020’‘ was a mighty fine reason. The article (at https://www.theguardian.com/media/2017/jun/14/netflix-amazon-uk-cinema-box-office-film-dvd-blu-ray-pwc) gives us a few things. The title is fine, I have no issue with that and there is every reason to believe that this is true. I always prefer and love to watch the big screen, but I know that I am a majority here. It is the subtitle that got me. With “Film industry will remain ‘pretty healthy’ but DVD and Blu-ray sales will go into ‘terminal collapse’, says PwC” they gave me a reason to have a go at them. As I search deeper and deeper, we are confronted with a wave of titles that have been released on Blu-Ray and DVD, yet there is no Netflix date, they do not seem to have any titles released to disc from 2017. So that is the first group. I reckon the Marvel fans would race to the shop to pick up Logan as soon as Wolverinely possible. The second thing I found is that a decent list of TV series is absent. This is a lot harder to predict, yet Grimm, Lucifer, Sleepy Hollow, Battlestar Galactica and a list of others do not even show on Netflix. This makes the need of Blu-ray consistently there. There is no doubt that those with really good bandwidth will prefer Netflix, so there will be an impact, yet the size of that impact is not a given for now. You see, as Net neutrality becomes more and more endangered, we will see shifts. We saw President Trump put Jessica Rosenworcel in the FCC seat and she apparently champions net neutrality, yet there is a rustling in some bushes, especially the adult entertainment bush. What people ignore, or like me do not care about is that certain ‘settings’ is seen in International Business Times (at http://www.ibtimes.com/july-12-net-neutrality-day-action-will-slow-down-your-pornhub-videos-2552375). It is a place like ‘Pornhub’ that brings the news. The quote “Pai’s proposal would remove the FCC’s authority to enforce net neutrality and other consumer protections while simultaneously allowing companies including Verizon, Comcast and AT&T to create “slow lanes” that force consumers to pay more for certain sites or as a competitive move among corporate telecom rivals“, is one thing, the second quote from a related article gives us “The Washington Examiner reported Trump deliberately withdrew her nomination when he took office. That move temporarily gave Republicans a majority in the FCC. Since then, the FCC has voted to revoke net neutrality regulations. If Trump’s renewed nomination leads to her confirmation, as is expected, then this idealist could return to take on the telecom industry head on.“, these quotes give only an indication of what will happen next, it is seen a little better when we consider the Law Times (at http://www.lawtimesnews.com/201706126217/focus-on/focus-u-s-and-canada-diverge-on-net-neutrality), which is 3 days old. Here we see: “With the possibility of broadband rate regulation looming on the horizon, companies investing in next-generation networks hesitated to build or expand networks, unsure of whether the government would let them compete in the free market,” he wrote, advocating for a return to a “light-touch” approach to Internet regulation“. This is now the indication, as the FCC rolled back a few things, they leave it with the providers and a ‘free market’ to offer ISP packages, which of course comes at different prices. So, as net neutrality comes back, it comes with the option that is linked to a Service Level Agreement and they tend to come with $$$ labels attached. In addition we see “The CRTC’s decision and policy position on “differential pricing” arose out of Videotron’s 2015 launch of Unlimited Music, a premium service that allowed customers to stream as much music as they liked on services such as Spotify without having the data use count against their monthly allowance“, so as we get premium ISP options, how do you think that this will impact the Netflix use? Are you sure that this billion user service will not come with nails attached? You see, the issue is no longer mere net neutrality in speed; it is now ‘the elimination of data caps for home and mobile Internet use for Canadians?‘ This implies not just Canada; it is merely a stepping stone for America as they use Canada as a show case, what will happen when the gamers are added? This is a simple math part. Assassins Creed Unity sold over 2 million copies (exact number unknown), now in December 2014, the owners had to download a patch that was 34GB in size. So consider 2 million downloads of that patch, how congested will the internet get? As the number was global, there is no way to tell how the patch impacted on areas, yet as caps are removed, we will see more and more shabby developers getting new patches out ‘as soon as possible’ making us download patches more and more. So as there are globally well over 105 million Consoles (next Generation only), the millions of Gaming PC’s, now consider the amount of patches and the impact on the internetworking’s, as well as the Internet of Things, because bandwidth hits all options. Now consider 3 massive games released per month, game download and patches and now consider how Netflix is impacted, because it will. I am putting those two groups together because they get their ‘net mobility’ from the very same fuel tank. Now add Spotify and a few other players in this domain. There was never any question that there was a need for net neutrality, yet in all this it goes via an ISP and that player is greedy, so if the cap cannot be pushed in place, or when it is removed, why do you think will happen next? There will be an impact on speed.

This is set in an easy equation (not an accurate one, but it shows certain factors). Fuel = data_amount * speed * users, so if data_amount is infinite, how will that impact speed? The same we see when the user base become massively larger, speed is again impacted. yet there is another consideration, to keep speed high, the number of user and data_amount needs to remain in a state of balance and set at a nominal place, when we realise that this is not an option from day one, speed will always be impacted and that is where the ISP’s are now, creating in a conjoint setting the Service Level Agreements (SLA’s) and the option to price it all. The FCC can claim it is out of their hands and as the FCC is about avoiding ‘anything that negatively affects competition and innovation in the sector‘, the FCC rules are altered and whatever comes back might seem nice, but will come with the ability to let the ISP call the shots. As such Netflix, unless it sets ironclad contracts with ISP’s, these users will see a shift of options and usage, at a price that is.

How does this make sense?

You see, even as the numbers are global based, the US has a lot more congestion than the UK at present, yet the current growth as seen, which is before the upcoming 5G data need, the ISP’s have been milking their system and these providers have not been addressing the ‘fuel tank’ they had. Now, this issue is in the UK and Western Europe is nowhere near the mess that the US is in, but as the UK rural growth is now growing at an accelerated rate, the congestion is still becoming a factor, Cisco tells us: “Services like YouTube, iPlayer, Netflix, NOW TV and Amazon Prime Video continue to be a huge draw, which has in turn helped to fuel demand for superfast broadband connections”, in addition, we get “Cisco forecasts that the average Internet user is expected to generate 140GB (Gigabytes) of Internet traffic per month in 2021”, which is average and I expect that to be a conservative low estimate. Now consider that a Netflix movie can take up to 7.5GB, now consider 3 million people in London alone will watch a Saturday movie, and now consider that in the UK another 15 million will do the same, do the numbers start adding up? Even if these 18 million do not start it on the same time, there will be a sizeable overlap, there is enough indication that congestion will be an issue, which either ups the price of the internet, or there will be an increased agitation for Netflix. This is why there is enough questions on ‘terminal decline’, there is in addition consideration that when 5G hits, the curve will steepen by a lot. It is too soon to predict a near exponential growth for data need, but it is not unrealistic, especially when we consider the push from 3G to 4G and data usage curve when most moved to 4G.

Now I go back to these gamers, even as the Statistics state the gamers group to be a steady penetration of around 42%, their data need has grown more than exponential. The Next generation consoles, as well as the growth of being online whilst gaming has grown. So this is not just about downloads and patches, merely the online presence which fuels uploads, Even as some statistics state that they are on average 5 hours per week online, there is enough data to question that. Polygon gave us the title ‘PS4 owners spend about 50,000 years a week gaming’, again a global number, but that already gets us an average of 7 hours a week, which is 40% higher and these are 2016-2017 numbers. As it all comes from the same ‘fuel tank’, I hope that we can clearly see that it impacts the ability to service Netflix. I believe that congestion will be its worst enemy and as we see a shift in costing, the prediction is unlikely to become reality (yet, I am willing to accept that I could be wrong)

So back to the Guardian article! The quote “PwC predicts a “terminal decline” for DVD and Blu-ray sales from £1.22bn in 2016 to just £533m by 2021. The report predicts that internet video will overtake DVD sales this year, but some analysts claim this has already happened“, I believe that the market will adjust in a different way. I believe that the initial shift will be in price. The price of $40 for a new movie cannot be maintained with monthly services and as the margin is large, we much consider that shift. It has been stated a few times that “high-definition mastering costs for Blu-ray will run close to US$40,000 per title with a pressing cost of US$2.00 per Blu-ray disc”, so at 100,000 discs sold, the making comes to about $2.50, so selling at $20 would still leave a large margin, There is a given that mastering goes down in price, yet at this pace, the impact becomes negligible. So when we consider that owning a movie we like at $20 is still a good idea, even if we have Netflix, my view is that there is an impact, yet not to the degree PwC claims.

Could PwC be right?

Yes, that is indeed the case, especially if the economy does not pick up. If the economy stays in the bad shape it currently is in now, Netflix might be the only option for some people, yet the options will still depends on whatever internet options that household has. In that, we see the impact on both sales down as the economy faltered whilst buying movies is equally a non-option.

There is one element that has been ignored by me and it is time to address that now. The mention ‘some analyst’s claim this has already happened‘ is one that needs a look at. It comes from the January article ‘Film and TV ​streaming and downloads overtake DVD sales for first time‘ (at https://www.theguardian.com/media/2017/jan/05/film-and-tv-streaming-and-downloads-overtake-dvd-sales-for-first-time-netflix-amazon-uk). one element is ‘Netflix has rapidly grown to 6 million UK subscribers since launching in 2012‘, which is fine and the issue that physical retail is in decline cannot be countered either. The fact that the UK cost of living has been through the roof; so as we see the price of a Blu-ray being equal to 2 months of Netflix, people adjusted their budget. Yet in all this, the internet bandwidth remained an issue. As long as it could be pushed through Wi-Fi and more importantly the Free Wi-Fi places, people were fine, yet just like some of the more advanced filters, when those places start actively blocking Netflix, the user game changes too. You see, Spotify demands cellular data and does not stream via Wi-Fi. So remember the earlier formula? Spotify has 50 million users. Now consider that the other elements were speed and data amount. As these services grow congestion will be a logical consequence, meaning that the ISP’s have reasons to push through the SLA solution, solving all their issues and none of yours.

Netflix is here to stay, nobody opposes that, there will be an impact on DVD/Blu-ray sales and nobody opposes that either. It is the part of ‘terminal collapse‘ that I oppose and I am certain that at some point it will happen, yet not in the time period PwC says it will be. I could be wrong of course, but I don’t think so.

If they were wrong, then nothing is lost, for that PwC analyst there could be a golden future in show business for them as a the new member in Orange is the new Black Season 7 named ‘Wall Street Bitches‘ (speculated conjecture).

In the end?

In the end, the Guardian article does have one larger benefit; it is bringing congestion issues to the surface, as such the article had a good side, In the UK most people know it as ‘Internet Rush Hour’, yet what happens when the infrastructure will no longer provide for that side? The BBC gave us in 2011 “UK broadband speeds drop by an average of 35% from their off-peak highs when most people are online in the evening, according to a report”, yet the growth that we have seen then was at the beginning of 4G, even as the ISP’s upgraded their equipment, the user base In the last year alone, went up by 1.5% for the entire population. In addition, over the last 5 years, the amount of inactive internet users decreased by 13.3%, which is a lot, also consider that the UK Netflix user base is expected to double between 2015 and 2020; these numbers show a dangerous part. The largest one is that the numbers seem to have been incorrectly speculated. I get there as the growth of subscriptions grew by 1.8 million during 2015-2016, which was almost a third of the 100% expected growth. You might think that the Guardian article is therefore a lot more accurate, I still disagree, merely for the fact that congestion is a larger risk, which now gets us back to the Net Neutrality issue. Because as this grows, ISP’s will have additional ammunition to start thinking and pushing for Service Level Agreements on consumer markets, it is what the FCC sees as ‘anything that negatively affects competition and innovation in the sector‘, yet what the ISP sees as commercial opportunity. Here I truly hope to be wrong, yet some sources (read: ISPreview) are already revealing prices to rise close to 10%, in addition, the prices will rise even more next year due to the 2017 Digital Economy Act. This is where we get back to the ‘Pornhub’ part. You see, I give not a toss about them, but they illustrated a part that other sites are now getting into. When we look at Endgadget, we get: “There’s one slight issue with age gates in that we’re still no clearer on how they are to be implemented. Proving age using credit card details, the electoral roll and pay-monthly mobile phone contracts have all been suggested, but the government has admitted that forcing you to expose your identity might be a step too far. And so, it’ll likely be some time before this new law can be enforced as the government and newly appointed regulator decide on the best and least intrusive way for porn sites to verify age.” You see, it is not about the fact that it is about adult content, it is about the option to classify, so consider that via politicians (never a good start) to settle on what defines the boundary and needs more than mere access. It is the first time that there would be commercial option to slice services, not cutting them, but restraining the maximum bandwidth. When we see the quote ‘the new data-sharing regime effectively being lawful already’, we might think ‘government’ but that is the least of our concern, it is “Any business that handles large volumes of personal data is required to employ a data-protection officer under the new rules, and any breach must be disclosed within 72 hours”, you might think that this covers it, but what about back-ups, what about social media with multiple ownership over a larger amount of nations? It is the commercial value that is being played with and the EU does not have a great track record when it comes to commercial versus private interest. So as these elements come into play, there are now already three upcoming levels that would cater to ‘Service Level Agreement’, which is defined to charges a person has. It gives one more level that Net Neutrality is already a thing of the past. This is seen in “Reed Hastings seemed to walk away from fighting for net neutrality but his company has done a big 180”, so in the two days that I worked on this, Netflix did a massive corporate ‘about face’, the direct implication of ISP’s and the limit of bandwidth is showing now, almost a year before it actually hits us. News Network (at http://www.news.com.au/technology/online/after-ceo-downplayed-the-importance-of-net-neutrality-netflix-changes-tact-and-rejoins-the-fight/news-story/654c63348e3dbd4f7d697fe322eeb350) also gives us “major Telco company AT & T is in bed with media conglomerate Time Warner. Because of this high level of “vertical integration” there’s a lot more scepticism in the US that companies will be compelled to engage in anti competitive and “non mutual” practices”, which I already knew. Yet the clarity as given in my earlier setting in ‘anything that negatively affects competition and innovation in the sector‘, is now showing its fruition and that is before the dozens of new 5G services come to our mobiles and TV settings. As this collides, and it will! People will happily return to a worry free Blu-ray ad DVD, if the makers adjust pricing and remove the 5 iteration contribution application, the discs will be here to stay for at least a decade or (hopefully) two more.

 

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In light of the evidence

We tend to accept facts and given situations whenever we have a reliable source and a decent level of evidence. The interesting side is that howling to the moon like a group of sheep hoping the lone wolf will not hear them is an equally weird revelation. The question becomes at that point, who is the lone wolf and who are the sheep, because neither position nor identity is a given. Now, for the first art, we have the Guardian article (at https://www.theguardian.com/politics/2017/may/27/eu-theresa-may-combat-terror-brexit-europol), with the expected title ‘We need deal with the EU to combat terror, experts tell Theresa May‘, which of course gets them the DGSE, yet the usefulness of the rest becomes a bit of an issue. For this part we need to look somewhere else, and we will do that after the given quote in the mentioned article “Although our partnership with the US for intelligence sharing is extremely important, the fact is that the current terrorist threat is very much a European dimension issue. The Schengen database and knowing about who has moved where are all intimately dependent on European systems and we have got to try to remain in them“. This could be a valid and valued statement, yet is that truly the case? For this we need to take a little gander to another place of intelligence and Intel interest. The Cyber monkeys, or is that the cyber-mercenaries? The difference is merely a moment when you WannaCry 1.4. You will have heard, or perhaps read regarding the NHS as it was struck, here again we see: “However, it instead appears to be down to organisations and individuals failing to run keep Windows up to date“, which was actually voiced by NHS Digital, the failure of policies as they were not adhered to by IT staff, or at least those responsible for keeping those PC’s up to date with patches. The second quote given much earlier in the IT article is ““To be abundantly clear, the recent speculation concerning WannaCry attributes the malware to the Lazarus Group, not to North Korea, and even those connections are premature and not wholly convincing,” wrote James Scott, a senior fellow at the Institute for Critical Infrastructure Technology (ICIT)“, which is where I have been all along. The one nation that has less computer and internet innovation than a Nintendo GameCube sets this level of hardship? It is just too whack for thought. It is the quote “At best, WannaCry either borrowed heavily from outdated Lazarus code and failed to change elements, such as calls to C2 servers, or WannaCry was a side campaign of a minuscule subcontractor or group within the massive cybercriminal Lazarus APT” that changes the game. In addition we see: “The publication referred to “digital crumbs” that the cyber security firm had traced to previous attacks widely attributed to North Korea, like the Sony Pictures hack in late 2014″, we will exclude the quote “Shadow health secretary Jon Ashworth has said Labour would invest an extra £5 billion into new IT infrastructure for the NHS, after hospitals and services were affected by the widespread Ransomware attack on Friday“, especially as Labour had in the previous government wasted £11.2 billion on an IT system that never worked, so keeping them away from it all seems to be an essential first.

The issue is now in several phases. Who got hit (those not updating their systems). It affected according to some sources thousands of systems, yet when it comes to backtracking to a point of origin, the Cyber Intelligence groups remain unclear. The IT article (at http://www.itpro.co.uk/security/28648/nhs-ransomware-north-korea-may-not-be-behind-wannacry), gives us a few things, yet the clear reference to the Guardians of Peace, the identity the hackers had given themselves in the Sony event gives a few additional worries. Either this is clearly a mercenary group without identity, or we have a common new issue on identity when it comes to Cyber criminals. You see, as we see more and more proclaiming the links between the Lazarus group and North Korea, we do not get to see a clear link of evidence. Many sources give us ‘could be linked‘, or ‘highly likely‘, which is an issue. It makes the evidence too shallow and circumstantial. The NY Times gives us (at https://www.nytimes.com/2017/05/22/technology/north-korea-ransomware-attack.html) yet they are basically stating what Symantec game us and mention that. My issue here is “But the hackers left behind a trail of digital crumbs that Mr Chien and his colleagues had traced to previous attacks by the Lazarus Group“, what if the crumbs were an intentional side? You see, the quote “another group of hackers that call themselves the Shadow Brokers published the details of National Security Agency hacking tools that the WannaCry hackers were able to use to add muscle to their attacks” give a different light. The fact that there is a team reengineering tools and flaws to get somewhere fast is one. We have seen the lack of actual cyberpower of North Korea in the past, the fact that they are regarded on the same level as Chinese Cyber forces is a bit silly. You see, any country has its own level of savants, yet the fact that North Korea, a nation as isolated as it is, gets to be on par with China, an actual superpower that has Cyber infrastructures, experts at the University of Shanghai (the white paper on cracking AES-256, 2001), as well as a growing IT technology base is just a little too whack.

This now reflects back to the European need of Schengen. The UK needs quality intelligence and with the US breaches of Manchester, the fact that no high quality evidence was ever given regarding the Sony Hack, the growing source of all kinds of hacker names and no validity or confirmable way to identify these groups leaves us with a mess that pretty much anyone could have done this. In light of the NSA flaw finders, there is now more evidence in the open giving the speculative hacker as one with skills that equal and surpass people graduating with high honours at MIT, than anything North Korea could produce. It does not put North Korea in the clear (well the fact that the generals there had no comprehension of a smartphone should be regarded as such), and as we see the entire Bitcoin go forward, we need to take more critical looks at the given evidence and who is giving that evidence. We all agree that places like Symantec and Kaspersky should be highly regarded, yet I get the feeling that their own interns know more about hacking then the sum of the population of all North Koreans do, which is saying a lot. We see supportive evidence in the Business Insider (at http://www.businessinsider.com/wannacry-ransomware-attack-oddities-2017-5). Here we see IBM with “IBM Security’s Caleb Barlow, researchers are still unsure exactly how the malware spread in the first place. Most cybersecurity companies have blamed phishing emails — messages containing malicious attachments or links to files — that download the ransomware. That’s how most ransomware finds its way onto victims’ computers. The problem in the WannaCry case is that despite digging through the company’s database of more than 1 billion emails dating back to March 1, Barlow’s team could find none linked to the attack“, one billion emails! That is what we call actual evidence and here IBM is claiming that the issue of HOW the malware spread remains a mystery. Now, can you see that the entire North Korean issue is out of touch with the reality of Common Cyber Sense and Actual Cyber Security? Two elements, both are essential in all this. It is the lack of actual evidence that seems to be the issue, giving us the question, who wants the North Korea issue propagated? Any answer here is more likely to be political than anything else, which now gives us additional questions on where for Pete’s sake the need of European Intelligence remains as they fall short of providing answers. In light of the Schengen database. Why would that not be shared? If the US has access as a non-European, non-EC nation, why would the UK, a clear European nation be barred from access? With all the flawed acts by the US, having actual professionals look at Schengen data, seems to be an elemental first, would you not agree?

An additional question would be on how these Bitcoins would be cashed, it is not like an isolated nation like North Korea ever had a flying business in Bitcoins in the first place. It is actually (yes, I am shocked too), that quality information comes from PwC. In this case Marin Ivezic, a cyber-security partner. He gives us “EternalBlue (the hacking tool) has now demonstrated the ROI (return on investment) of the right sort of worm and this will become the focus of research for cybercriminals“, which would be a clear focus for veteran cyber criminals, yet the entire re-engineering foundation gives another slice of circumstantial evidence that moves us actually away from North Korea. So in this we have two elements. As the FBI and CIA have been all about pointing towards North Korea, the question becomes, where do they not want us to look and whatever else do they not have a handle on? These points are essential because we are shown an elemental flaw in Intelligence. When the source is no longer reliable, why would they be around in the first place? We can agree that governments do not have the goods on Cyber criminals, because getting anything of decent value, tends to require inside knowledge, which is the hardest to get in any case, especially with a group as paranoid as cyber criminals. The second side is that China and Russia were on the list as one of the few abled parties to get through Sony, yet Russia has fallen of the map completely in the last case, that whilst they are actually strengthening ties with North Korea. That does not make them guilty, yet on the sale required Russia was one of the few with such levels of Cyber skills. The fact that we see in the NY Times that it is too early to blame North Korea is equally some evidence, it gives vision to the fact that there are too many unknowns and when IBM cannot give view of any mail that propagated the worm, gives additional consideration that there are other places who cannot claim or show correctly how the worm got started, which is now an additional concern for anyone altering the work for additional harm. As the point of infection is not known, stopping the infection becomes increasingly difficult, any GP can tell you that side of the virus. There is one more side I would like to raise. This comes from a source (at http://securityaffairs.co/wordpress/59458/breaking-news/wannacry-linguistic-analysis.html), it is not a journalistic source, or a verified source, so please take consideration that this news could be correct. It is however compelling. The quote ““The text uses certain terms that further narrow down a geographic location. One term, “礼拜” for “week,” is more common in South China, Hong Kong, Taiwan, or Singapore. The other “杀毒软件” for “anti-virus” is more common in the Chinese mainland.” Continues the analysis “Perhaps most compelling, the Chinese note contains substantial content not present in any other version of the note, is lengthier, and differs slightly in format.” The English note of the ransomware appears well written, but it contains a major grammar mistake that suggests its author is either not a native speaker or possibly someone poorly educated“, that would make sense, yet how was that source acquired?

The second quote: ““Given these facts, it is possible that Chinese is the author(s)’ native tongue, though other languages cannot be ruled out,” Flashpoint concluded. “It is also possible that the malware author(s)’ intentionally used a machine translation of their native tongue to mask their identity. It is worth noting that characteristics marking the Chinese note as authentic are subtle. It is thus possible, though unlikely, that they were intentionally included to mislead.” The Flashpoint analysis suggests attackers may have used the Lazarus code as a false flag to deceive investigators, a second scenario sees North Korean APT recruiting freelance Chinese hackers to conduct the campaign” gives us a few elements, the element of misdirection, which I had noted on from other sources and the element that North Korea is still a consideration, yet only if this comes from a freelance hacker, or someone trying to get into the good graces of Pyongyang, both options are not out of the question as the lack of Cyber skills in North Korea is a little too well set from all kinds of sources. The writer Pierluigi Paganini is a Cyber professional. Now even as Symantec’s Eric Chien is from California, did they not have access to this part and did no one else correctly pick up on this? As I stated, I cannot vouch for the original source, but as I had questions before, I have a few additional questions now. So, exactly how needed is European Intelligence for the UK? I think that data should be shared within reason. The question becomes, how is Schengen data not shared between governments? The Guardian gives us “After the Manchester attack, which killed 22 people and left dozens of others grievously injured, it was revealed that suicide bomber Salman Abedi had travelled back to England from Libya via Turkey and Dusseldorf four days before the attack“, so how reliable is Turkish intelligence in the first place? How could he have prepared the bomb and get the ingredients in 4 days? There is an additional view on ISIS support active in the UK, yet as we now see that this drew attention to him, why on earth was the trip made? Also, was Libya or Mecca the starting point (source: claim from the father in earlier Guardian article)? How would sharing have resolved this?

Now look at this in light of the US leaks and the Cyber Intelligence of a dubious nature. There is a growing concern that the larger players NSA, DGSE, GCHQ have flaws of their own to deal with. As they are relying more and more on industry experts, whilst there is a lack of clear communication and reliable intelligence from such sources, the thoughts now become that the foundation of fighting terror is created by having a quality intelligence system that recognises the need for Cyber expertise is becoming an increasing issue for the intelligence branch. Should you wonder than, then reconsider the quote: ‘demonstrated the ROI (return on investment) of the right sort of worm and this will become the focus of research for cybercriminals‘, if you think that cyber jihadists are not considering the chaos that they could create with this, then think again.  They will use any tool to create chaos and to inflict financial and structural damage. They might not have the skills, yet if there is any reliable truth to the fact that the Lazarus group is in fact a mercenary outfit, there would be enough critical danger that they will seek each other out, that is providing that ISIS could bring cash to that table. I have no way of telling how reliable or how certain such a union could be. What is a known is that Sir Hugh Orde is not answering questions, he is creating them, as I personally see it. The quote “UK membership of EU bodies such as Europol and Eurojust, which brokers judicial co-operation in criminal cases, not only allowed access to huge amounts of vital data, but also meant UK police could set up joint inquiries with German police or those from other national forces without delay“. You see, the UK remains part of Europe and Interpol existed before the EC, so as we now see the virtual creation of red tape, the question becomes why the EU has changed rules and regulations to the degree that the UK would fall out of the boat. Is it not weird that the EU is now showing to be an organisation of exclusion? Even if we laugh on the ridiculous promises that Corbyn is making, just to be counted shows that there is a larger problem in place. Why is there suddenly a need for 1,000 more intelligence staff? Can we not see that the current situation is causing more issues then resolve them? As such, is throwing money and staff on a non-viable situation nothing less than creating additional worries?

The last part is seen in “The Schengen database and knowing about who has moved where are all intimately dependent on European systems and we have got to try to remain in them“, yet this does require all players to enter the data accurately, in addition, that only applies to people entering Schengen, yet as has been shown in the past, after that getting locations on people is becoming an increasingly difficult problem. The fact that after the Paris attacks, some people of interest were found to be in Belgium is one side, the fact that these people could have met up with all kinds of contacts on the road is another entirely. The truth is that the intelligence branch has no way of keeping track in such details. In addition we have seen that the list of people of interest is growing way beyond normal means and organising such data streams and finding new ways not just to find the guilty, but to decrease the list by excluding the innocent is growing in complexity on a nearly daily basis. And that is before the cyber mess is added to the cauldron of nutrition. There is at least a small upside, as the technology stream will soon be more and more about non-repudiation, there will be additional sources of information that adds the branches by pruning the list of people of interest. The extent of pruning is not a given and time will tell how this is resolved.

It all affects the evidence that the parties hold and how it is applied, it remains a matter of time and the proper application of intelligence.

 

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