Tag Archives: Sky News

The law to hunt them down

Both Sky News and the Guardian come this Sunday with stories on how Prime Minister David Cameron is calling on web companies to block certain sexual child abuse searches.

That sounds nice in theory and I am all for hunting down these groups. Yet, that request is at least 10 years late and in all honesty, I reckon it is a massive waste of time and resources. How long until these perverts come up with ‘other’ search terms? We would even be allowing for some to get away scot free as they searched for “yummier candy” or whatever other code they would be using. The Judge would have to let these people go as they were truly looking for a place to dunk their bagels in jelly?

As stated, I am all for hunting these people down. Yet perhaps other means should be (should have been is a lot better) employed. Google had been so innovative in avoiding corporate taxation, are they not aiding the police (not just in the UK) hunting down these people? They have the hardware, the software, the expertise and more options on their shelves. In addition the PM should actually stop that gap which allows Google to only pay 0.0025% in taxation (but that is a story for another time).

No matter how quick we stop this gap of non-taxation. Google has in my view and strong belief a moral duty to train the police and other units in search and track knowledge (perhaps they are). They have no issues in teaching/aiding bosses to track their employees. Yet, hunting down criminals is not in their scope? (At http://business.time.com/2012/06/27/google-maps-now-helping-your-boss-track-your-every-move/). It was stated in the article that “the cost to workplace privacy would be serious“. Is that true? If you get paid by the hour, should you not be working? In the office, one is supposed to sit at their desk. There are always reasons why we need to go somewhere, yet we should be at our desks for a certain time. So it is easy and perfectly OK to track employees and we cannot track criminals? I get the issue that there might be some level of privacy in play for an employee (for example, his lunch break is his and his alone), but finding those hurting children are allowed protection so that they can hurt children? Such methods could aid the authorities in actually getting some protection to the children that needed it for a long time.

If we relate the options to track these child abusers to the boss tracking actions, we definitely have the technology to find these people, so what Is stopping us?

In addition, the legal side is also in play. If we consider the “Protection of Children Act 1978

If we consider: “Section 1 (c) to have in his possession such indecent photographs [or pseudo-photographs], with a view to their being distributed or transferred digitally or shown by himself or others; or

By adding three words we now let the issue no longer fall into the issue where the responsibility was, we now give pressure on the ISP to report this immediately. If not, they become part of the chain. Now, if we look at the defamation act, then we know there are issues, especially when we consider operators of content.

In Australia the Defamation Act 2005 (NSW) states:

32 Defence of innocent dissemination
(1) It is a defence to the publication of defamatory matter if the defendant proves that:
(a) the defendant published the matter merely in the capacity, or as an employee or agent, of a subordinate distributor, or a facilitator [or ISP] and
(b) the defendant neither knew, nor ought reasonably to have known, that the matter was defamatory, and
(c) the defendant’s lack of knowledge was not due to any negligence on the part of the defendant.

Here I added 5 words (those in bold), which could give additional levels of options to the claimants. It is nice to give certain services out for free, yet in that case, the facilitators will need to adjust their ‘terms of service’ to protect themselves and give aid in finding those using their services to further certain criminal goals. The reason to mention this is because when we look at the UK “Defamation Act 2013“, as narrated by Forbes we see the following (please read Forbes article as linked below).

The next part was in progress, when I detected this Forbes article (who had pretty much done what I was trying, at http://www.forbes.com/sites/ericgoldman/2013/05/09/uks-new-defamation-law-may-accelerate-the-death-of-anonymous-user-generated-content-internationally/)

It seems that the known issues of the ISP had been avoided here as well (an issue that had been in play for at least 8 years). There is a valid defence that  an ISP cannot monitor the massive flow of content, which is indeed a valid defence in my book, yet the cooperation required by the police to do their jobs is too often too slow or at times likely even completely lacking.

When we add ISP in the Australian case, then their lack of negligence would overturn their defence in court. So when we consider 32.1.d, then they will need to get active, creative and corrective really fast.

This translates to the UK defamation act by changing “5 Operators and/or facilitators of websites and/or virtual locations“; this would change the game immediately. Of course, prosecuting an ISP is not productive in the end, yet this part will give them the ‘negligence‘ label and as such, serious headway might be made in hunting down these child abusing criminals as the ISP is now seriously motivated to aid the police and find these criminals. The change would go further than those seeking materials. It would also give way to look at providers and mapping out these people far beyond the UK national borders. So as the map, with names, locations and acts will visibly grow, we might actually get the information the police needs.

I personally believe that law changes will get us a lot further then just blocking a search term.

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The Setting of strategies

The danger of any person trying to look through the mud that we know as political strategies related to ‘what is real’ and ‘what is unlikely’. There is no ‘non-reality’!
We know that certain steps have been staged (as a good politician would). This staging is not unlike the game ‘GO’ where we place the pebbles in such a way that entices to other to place their pebbles, completing our strategies.

This I discussed in last week’s blog involving the fading pension plans. Yes, and as suspected, whilst Dutch politicians are in vacation mode, the Dutch pension funds are now filling the Dutch with dread of a possible 10%-20% loss of retirement. That is some fear in their world of quick rising prices. (www.nos.nl)

Today is not about that, even though there are possible links! Today it is about renewed issues on telephone taps and how the powerful Murdoch gets another painted target. Yet are his words so wrong? We had the phone tap probe, we have seen the Leveson report, and instead of actually acting on the Leveson report as much as possible. Parties involved seem to be having another go at Rupert ‘the Piñata’ Murdoch. A lot or the press is getting a little sour as words are hashed and rehashed into statements of whatever they could be called.

You see, is this an ACTUAL criminal investigation, you know the one with barristers, judges and both parties taking notice of the evidence act?

Or is this another inquiry that has gone on for two years, giving more visibility to Chairman Keith Vaz and a few other political head honcho’s? Do not think that I am on Mr Murdoch’s side. I will instantly stand by the views of Hugh Grant and Lord Justice Leveson in the attack on the events that surrounded phone hacking, and not just the Sun/News of the world.

There is however the valid thought that cooperation is required and should be given. However the following quote “The committee has heard from the Metropolitan Police’s assistant commissioner Cressida Dick that since May ‘voluntary co-operation (with News UK) has been significantly reduced’ and that police have had to obtain court orders regards ‘requests for new material’“.

Is that the issue? This has gone on for 2 years now. Is thus the statement by Mr Murdoch “totally incompetent” when it comes to describing the acts by the Metropolitan Police entirely wrong? If this has gone on now for 2 years, then yes, I think it is time to look at the questions being asked, and asking additional relevant questions to the investigating offices.

Not doing so could turn this entire phone hacking scandal into a fair label of ‘Witch hunt’ and as such, I would see this as the premise to attack the Leveson report. This is because the two are linked. I remain in favour of implementing the entire Leveson report. Not because I am so much in the know of things, but because I have utter faith in the wisdom of Lord Justice Leveson. Those who claim to know and judge the report as invalid, whilst not in possession of a Law doctorate are required to remain very silent on the matter, unless they show actual valid documentation! I admit that this is slightly strong wording, yet having listened to a few people blatantly attacking the Leveson report in favour of unmonitored freedom of the press, after which I asked in regards to the reports footnote 417 in regards to the accuracy of information, their….. ‘emotional repartee’ in my direction gave me what I needed to know. (They had no clue, or better stated, having never read the Leveson report).

By the way, that footnote is “Clause 1(i) of the PCC Code requires the press to take care not to publish inaccurate, misleading or distorted information, including pictures” (page 673, Leveson report).

If we could only apply this requirement to advertisements at times! (Big Smiles).

So we must prevent that these events to ‘evolve’ into a witch hunt. I am NOT stating that this is happening, but after 2 years that image is starting to linger and that is wrong too. My issue is with the statement that was in that same Sky news article (at http://news.sky.com/story/1117618/murdoch-phone-hacking-probe-excessive)

In his letter he set out how the company disclosed 500,000 documents after 185,000 man hours at a cost of more than £65m.” When the coffers are at minus 1 trillion and student costs are growing and growing, these costs are only excessive if the government is not able to make Mr Murdoch pay for these costs.

I personally have always been to mind that once we need to focus and stretch the actual letter of speech, we lose facts of what is the goal. Basically, in these words I am wondering whether the committee has lost the view of the Big picture. (My apologies if I am incorrect).

So where is the issue of strategy? Well, if we read the “The Leveson Report: implementation” (at http://www.parliament.uk/briefing-papers/SN06535), then at 6.5 (in the full PDF version) we see some additional delays in implementing the Royal charter. I quote: “Lord Wallace of Saltaire: My Lords, my briefing says that it is not appropriate for the Privy Council to consider more than one royal charter at a time on the same issue. The noble Lord may consider that the Press Standards Board of Finance has therefore been extremely clever in what it has done and may draw his conclusions from that – and that accounts for some of the delay.

So we have more delays. Granted that they are procedural, but I wonder how many papers have reported on that delay? I reckon not many! Out of sight, out of mind is a valid strategy that has been in long standing with politicians and corporate spokes people all over the world.

So is this a strategy by Mr Murdoch to keep the focus away, or is this an investigation that is getting stretched in a very expensive way to stop your privacy from getting chartered protection? Not non-privacy by government (aka GCHQ), but by those who are making money out of side stepping commercial reasoning for ignoring privacy for the simple reasons of greed?

The issues of strategies are actually wider set then most will think. Against the Dutch pension issues, there is the view of George Osborne, the British Chancellor of the Exchequer. This is viewed in the subtitle “A majority of directors at the Washington-based International Monetary Fund disagrees with its own advice on UK fiscal policy.” which is part of the article at http://news.sky.com/story/1117069/imf-board-disagrees-over-uk-fiscal-policy.

Even though this sounds good for the Exchequer, the issues of no tax rises in the upcoming years (or after 2015 as he states it) is not just short of wrong (at http://www.guardian.co.uk/politics/2013/jul/11/george-osborne-deficit-tax-rises) , I feel that this could only be kept if a play is made to the pension funds (like the Dutch are trying now), as well as the shale gas approach which is seen as ‘frackalicious’, yet, we should not forget the issues that the Dutch county ‘Groningen’ is going through as it has seen a rise in small earthquakes giving home owners massive costs to repair and additional losses in house values. These issues are to some extent denied/ignored as the investigation is going on, yet the damages that the people see in the news on a regular bases tells another story. At present corporations are now claiming for millions in damages from both the Dutch gas company (NAM) and the government. (at http://www.dvhn.nl/nieuws/groningen/article9972913.ece/Corporaties-claimen-miljoenen-bij-Nam) there is also the claim for compensation to be awarded for the loss of housing value, which adds up to over 10,000 houses for up to 25000 Euro. (Yet one house in the newscast has a value decrease of almost 150,000 Euro). Let us not forget that these were only test drilling, the actual drilling has not even commenced. If the exchequer is depending on these numbers then he might be in for a rough ride. In addition, even though Isla Britannia is decently larger then the Netherlands, there is enough evidence that these issues will have a serious impact on housings and the environment.

If this is all about strategy, then playing the cards close to the chest seems a debatable wisdom. Because when this all goes south, it is not about the Isle politicians are sitting on, but the issue whether there will be a nation left to serve.

Should you doubt that statement (which is fair enough), then consider on how ‘well‘ the US claims their economy is getting. The fact that Detroit is now bankrupt should be enough concern that the American way is not a solution.
We, the Commonwealth nations must stick together to stay afloat and survive, fight together to become the nations of true prosperity again.

None of these strategies are ready for that essential need!

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Classes of Classification

I was about to do that horizontal thing (sleeping, in case you wondered), where one is in a natural state and loudly snores like the local sawmill! I was actually looking forward to that event. It is almost 00:30, so I need to get up in about 5 hours. However, Sky News stopped that idea pretty quick.

The reason is that the news just showed me a part involving Edward Snowden and more information he ‘leaked’. In this case it was all about spying on the EU diplomatic mission and how that was ‘strictly confidential‘, roughly 0.0324 seconds later I was more than wide awake and started this blog.

So what are the issues? Well three come to mind, but the third one is for a little later down this story.

So the first issue is the classification. No matter, whether the documents were from the CIA, NSA or Alphabet Soup Incorporated. There are levels of classification. Confidential is a lower level. Apart from the issue that there is an issue that the diplomatic integrity of an ally was ‘transgressed’ upon, is there actually any reason why such information would not be Secret or higher? I would even think that this would be Top Secret level information and as such that information remains with a small (read extremely small) group.

Let’s take a look at this ‘Strictly confidential’. I do not have the rules that the NSA applies, but I was able to get the protocol from a World Bank document as to how this is treated. They might be kids play compared to the NSA, but you will get the idea (and I have to start somewhere).

Information and documents that are deemed to be of a highly sensitive nature or to be inadequately protected by the CONFIDENTIAL classification shall be classified as STRICTLY CONFIDENTIAL and access to them shall be restricted solely to persons with a specific need to know. The staffs of the Institutions shall establish a control and tracking system for documents classified as STRICTLY CONFIDENTIAL, including the maintenance of control logs. Documents classified as STRICTLY CONFIDENTIAL shall be:
(i) marked with such classification on each page;
(ii) kept under lock and key or given equivalent protection when not in use;
(iii) in the case of physical documents, transmitted by an inner sealed envelope indicating the classification marking and an outer envelope indicating no classification, or, in the case of documents in electronic form, transmitted by encrypted or password-secured files.

So if we consider the digital version, and consider that most intelligence organisations use Security Enhanced Unix servers, then just accessing these documents without others knowing this is pretty much a ‘no no’. EVEN if he had access, there would be a log, and as such there is also a mention if that document was copied in any way. It is not impossible to get a hold of this, but with each document, his chance of getting caught grows quicker and quicker. He did not get caught, not for many megabytes of duplication.

So, whether these events were true or not, there is now an issue. Not with external trust, but from my point of view with internal trust. If he remained undetected, then several alphabet groups have IT issues of an unprecedented level. Could this even be remotely true?

The second issue is that like any Intelligence organisation like the GCHQ for example, most people are assigned certain areas. The fact that Edward Snowden had such a wide access is more than questionable. The fact that the press seems to just take whatever he serves up with a certain air that whatever Edward Snowden claims is true should also be looked at. In my view it does not. Especially when we consider that he is stuck in some Russian airport terminal awaiting the option to ‘escape’ to Ecuador. You see, his access raises too many flags. It does not matter whether he is the IT guy. The NSA has dozens upon dozens of them, and as such, the fact that he was able to syphon off such a wide area of information (and get it out of the building) seems to be an issue that no one is too investigative about.

What is this all about? That is the question we should be asking. All these events do not add up. This is not some FBI leak (no attack on the FBI). This is a group that was referred to for a long time as ‘No Such Agency‘. The fact that he passed all kinds of interviews befroe the job (on psychological probing levels far above most can imagine), a man who ‘just’ walked away with the kitchen sink and a USB drive loaded with tagged documents. It does not add up in my book.

Now we get to the third issue.

If some amount of this data would be rock solid, then the US has an intelligence community that is leaky as a sieve.

1. A disillusioned intelligence operator gets a job at a department even more hush hush then the CIA and the psychological interview does not raise flags considering the conditions he left the CIA?
2. That person gets access to information on several levels and from several branches and no one is the wiser. More important no flags on these secure servers are tripped?
3. This person gets the goods into Hong Kong, then casually flies into Russia and now is waiting for his flight to Ecuador, whilst at the same time US extradition groups (according to Hong Kong media) drop the ball in getting a hold of Edward Snowden?

Is no one suspicious on what is going on? I for one see reason to distrust several sources at present.

Looking back, Julian Assange got access to his documents though military channels. There have been less than positive issues with the lack of Common Cyber Sense in several military areas. The fact that those events happened outside of the US and under military field conditions where certain security measures are hard to uphold is understandable. That does not make it right, but the circumstances were pretty unique. The fact that someone walks out of places like the NSA or GCHQ with a USB filled with all levels of information is an entirely different matter.

If we accept this article by Sky News as true http://news.sky.com/story/1109739/snowden-spying-claims-us-bugged-eu-offices, then we could be in for a rough ride.

In the end, reality is that spying goes on at all times on many levels (as stated by Mr Reardon on Sky News UK). Mi-5 tries to keep an eye on what the CIA does in the UK, the FBI keeps tabs on MI-6 in the US and none of them care what happens in Australia. Works for me!

So the fact that the CIA is keeping tabs on the EU makes perfect sense, especially with all those new states getting added. However, bugging the hell out of all these buildings is not that productive overall (as there are other sources to these kinds of information). So is the reality that there were just 2-3 bugs (the German Spiegel was aware of one of them) and some document Edward Snowden had just adds loads more?
What Intel does he have that is actually reliable? Are we being run by some wannabe laying it on thick hoping for a nice fat pay check? I wonder what happens now that Russia and China both lack interest (and Ecuador is not that appealing if one lives there without money). So what of Edward Snowden? Sky had another article on that. http://news.sky.com/story/1109235/whistleblower-snowden-may-return-to-the-us. In this article the father is afraid his son is being manipulated by different parties. Even by WikiLeaks. He might return to US if certain conditions are met.

Conditions? For a traitor? And next they claim that all politicians are straight shooters too!
Well, for those who believe that, I have a bridge to sell you, GREAT view on the Tower of London!

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Senator Davis filibuster ignored

So, here I am, sitting down, working on an essay and even after one blog, I now get introduced to the weirdest news by other means. I have several news channels that I take notice of. There is Sky News, Sky News UK, CNN, Fox and BBC World News. However, the latest political news did not reach me through any of these channels. The latest news came through the Twitter account of Gamespot product manager Lark Anderson.

Democrat Senator Wendy Davis (Texas, Fort Worth) has started a filibuster. This filibuster is about stopping legislation that would give Texas the toughest restrictions on abortions in the US. Some of these restrictions include banning abortions after 20 weeks. Doctors would only be allowed to do abortions, if they have admitting privileges at a nearby hospital. There are a few more regulations added to this.

This is in first instance not about the bill itself. The issue is that a filibuster is big news; the fact that Fox (being more ‘republic’ minded then most others) might not make it headline news is to some small extent understandable. Yet, the fact that CNN, Sky and BBC World keep on yapping the same reels and this news did not pass by once is a massive issue. Is this potato too hot to handle? Is this not news?

I am baffled at what makes the standard of what is news, especially as we get repetitive views on Snowden, Paris strikers, Haiti tourism and another bomb in Kabul. I admit that the critically ill Mandela is big news, yet with all the repetitions a 20-45 second reel on the filibuster and bursting out some of the minimum facts would have been too much of an effort?

So, now that I have shamed the press to some degree, it is time to present some of the facts:

Senator Davis has stated her opposition to Republican Senate bill 5 (Source: http://www.davis.senate.state.tx.us/pr13/p20130625a.htm). I admit that this statement is a little too vague and political here (like a politician would), yet the NY Times had this interesting fact to quote “The bill’s opponents said it would most likely cause all but 5 of the 42 abortion clinics in the state to close, because the renovations and equipment upgrades necessary to meet surgical-centre standards would be too costly.

(Source: http://www.nytimes.com/2013/06/26/us/politics/senate-democrats-in-texas-try-blocking-abortion-bill-with-filibuster.html)

So basically, the bill is not just about limiting abortion, it is a basic form of misconception into trying to ban it all together. I personally reckon that the admitting privilege was added to strangle any sympathetic doctor to step away from this real fast. (That’s just how I see it).

It reads like politics, but to be honest I see it as a dirty variety of politics. Let’s call a scalpel a scalpel, shall we?

To be honest I am on the fence when it comes to abortion issues. I am not against it, yet I feel that it seems to me (from what I read, not from any form of personal experience) that it is at times way too easy to get them.

The issue to me is that if it is legally allowed, then why waste resource on resource on these backstabbing methods, especially as the US has massive economic issues, perhaps some politicians should use their tactics on furthering the economy (or is that too tall an order?)

I am personally in awe of Senator Davis. Not just for the filibuster, but if you consider that when she was as just a teenager (19), she became mother and then still graduated with honours from Harvard Law School. An achievement most do not get when they get to spend 100% time on their studies. This proves that she is more than a tough cookie. She has received at least 2 dozen awards from all walks of life, making her a public servant with sizeable renown.

INTERRUPTION: Just now I see the message that the abortion bill has passed (Foxnews), yet more questions are now being asked, which makes me wonder whether the bill actually passed (I honestly do not know). There was only one other tweet on how the filibuster was halted.

So, this is not just about the bill (which is actually important), yet the fact how this ‘passed by’ newscasts so unnoticed makes me wonder what these news channels are all about. Thank heavens that gamers are about more than games. If not, more would not have been aware.

Information about Senator Wendy Davis at: http://www.senate.state.tx.us/75r/senate/members/dist10/dist10.htm

Those who support her can tweet so with the hash tag that I see reappearing all over the place ‘#StandWithWendy

The only statement left for me is: “News channels shame on you!

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RBS of the Clan Goldman Sachs?

Well today the light shines a little brighter. As I was watching Sky News, I now see a stronger and more enthusiastic run to get these bankers under some kind of rational control. Will it work? Time will tell, however there is a start, and it might not take long until a strong voice could stem the tide of greed to a small extent.

We are however nowhere near a good solution. Mr Osborne (the Chancellor of the Exchequer) is about to take a page from a legally valid solution to divide the bank into 2 parts, a good and a bad bank. Yes, Mr Osborne, that will really help to take these billions of bad debt and add them to the tax payer’s burden! Not really a solution, is it?

To add other news moments that the UK economy is out of intensive care is not just wrong; it is a bad insight close to that of the Titanic playing chicken with an iceberg. No, I stand corrected. This decision is worse. You see, the Titanic had a few survivors; this approach might leave people alive, but destitute for a very long time.

So yes, there is a chance that the Royal Bank of Scotland will join Clan Goldman Sachs.

The idea of shares, making public and so on are ideas. I am not in favour of them, but perhaps Mr Osborne does not have a choice. You know, it is unfair for me to just complain, lay blame and not have a solution. What could be done is to keep the RBS nationalised, and remain an operating bank. Do a proper bank job by giving out small loans, do banking functions for those with jobs and create jobs. Also, the money that the RBS bank makes is used to pay off the debts, the bad loans and even create tax fortunes this way. Why not?

It is not like the banks at present are doing anywhere near a decent job.

The so called stated fact that the economy is in a better shape by stating: “Nothing better signals Britain’s move from rescue to recovery than the fact that we can start to plan for our exit from Government share ownership to private ownership.” is in my view horribly wrong. The fact that the UK is not in the red at present is just fortunate (and at less than 0.5%). The fact that most of Europe is down and there is no realistic view that this will improve within 18-24 months is not realistic. I read the claims that some made over the last two years. Good news was always bad news in the end and results had to be corrected downwards every single time. To rely on that a belief that the UK is now in a stage of recovery is in my humble opinion a case of really bad judgement.

How about playing it safe? Instead of quickly selling the good bank so that irresponsible banks can continue to endanger the lives of too many, hold on to it, make it stronger and get it into a shape where it is worth a lot more than it is now.

The current ‘noise’ that bankers are being chased for criminal charges are nice claims to make, yet the true culprits did what they did, and they never broke the law. Until the law changes, they are out of reach. The small fry we do get to prosecute will get nowhere near the punishment that is due. It is best reflected by Paul Moore, former head of Risk, HBOS. “The banking crises drove 100.000.000 people into poverty“. He is correct, what was done should be criminal and those involved require insane levels of punishment. Yet, as I reflected earlier, that will not happen. Lawyer Sidney Myers seems to be in agreement (or more precisely, I am in agreement with him). Mr Myers is not just a somebody in this field. As the head of Berwin, Leighton and Paisner this man wield a formidable legal cricket bat. It would make Colin Cowdrey instantly humble. Mr Sidney Myers is listed as one of the top 500 lawyers, this in a field that has over 120.000 practising lawyers, so we are in well informed top tier company.

To get a person convicted is near impossible. Getting the group convicted must proof all guilty, neither seems to be a realistic possibility at present. So we need to see a legal overhaul that changes the game, and selling of Lloyds and the RBS before that moment is in my humble opinion not a good idea. Sir George Mathewson, former CEO of the RBS has that same view (in regards to the legal prosecuting). He did however state an interesting line. “Where the information is made clear to the board and the shareholders” this comes to collected responsibility. The interesting part is what information? To get a clue on that, we should look at a book called ‘how to lie with statistics‘ written by Darrell Huff in 1954. It is a gem, an eye opener and it actually shows today’s problems. If we react to numbers and if numbers are ‘not incorrectly’ tweaked, then how is managed risk not anything less than misrepresented risk?

The bulk of data miners will look at profitability, but profitability of whom and how?

Uniting the views of Paul Moore and Darell Huff gives us part of this problem. Separate the data miner from the board of directors and we create a Star Chamber situation that lacks accountability for the simple reason that no laws can be proven to be broken. That danger, until countered gives reason for the now nationalised banks to remain as they are. SNS Reaal in the Netherlands is in that same scope. Until legal secure measures are firmly in place, protecting the taxpayer from irresponsible risks, other banks should not be allowed to continue, especially AFTER they move part of their failures into a bad bank.

The idea that the PM David Cameron has mentioned about selling the RBS at a loss is just not an option in my view. They should continue in the setting they are now, offering financial solutions to the UK citizens at lowest base +1% could over time turn the RBS and Lloyds into banks that are no longer in the red. Other banks have no reason and right to complain. They have been making customer services nearly impossible. To get a grip on that, take a look at The Netherlands where getting a mortgage reads like a tale no less imaginary then ‘the Hobbit’. As banks have been banking on higher levels of return on investments, smaller businesses and individuals suffered. They have no issue with credit cards as they charge 11-12%, however getting a mortgage seems to be a lot harder. So as customers come to the rescue of the RBS as they switch credit cards for 6-7% which will aid the government to get RBS back on their feet and even add some coinage into the treasury’s coffers (with a 1 trillion deficit), this could be a possible good solution. Are there any banks complaining? Well, that is the way the cookie crumbles. It is time for them to face the consequences of unadulterated greed.

The issue of holding bonuses for 10 years does sound nice in theory, however, how about appellant case HQ09X04007 and HQ09X05230. A case settled in the Court of Appeal by Lord Justice Elias and Lord Justice Beatson? A case where 104 members, were due their 50 million Euro in bonuses.

In that case I found this: “Bonus awards for all front and middle office employees who received a letter in December stating their provisional award, which was subject to Dresdner Kleinwort’s financial performance targets, will be cut by 90% pro rata to the stated provisional amount.

However their contract had this little hidden gem “It is common ground that all the claimants, including the three whose employment agreements did not contain any provision with regard to payment of a discretionary bonus, Messrs Sacre, Honeywood and Daley, had a contractual entitlement to be considered for the award of a discretionary bonus.” (Source: Case note)

How soon will that case get quoted in another court case to get a bonus freed up? Some miscommunication through contracts where no one is accountable, yet the bonus is immediately payable? Another option could be that these senior members will start playing musical chairs with friendly banks, switching each year all protecting one another stopgapping large bonuses on an annual basis (in their favour of course).

So how long until we get some level of miscommunication going on? If we accept the journal of Ronald Green from 1993 ‘Shareholders as Stakeholders: Changing Metaphors of Corporate Governance‘ and if we accept that banks and financial institutions fall in that category, then their responsibility is to profit, not to accountability, which means that their acts will focus on non-accountability to endure ruling of profitability. The latter part would be my take on the works of Milton Friedman.

There is the crux. Until serious changes are made to separate the banks, the profit in regards to  stakeholders and shareholders, whilst increasing a banks social responsibility, the cut-throat business they now do and the taxpayer currently pays for will continue.

 

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The freedom to misdirect?

We see all kinds of information and misdirection, almost at any given day. If one good thing is mentioned, another bad thing is swallowed into silence. So when I saw the message on Sky News that “Latvia to join EU”, I had a look.

So Latvia is now to become the 18th Euro state. That part is however you take it. The average Brit will see this as a fearful motion for another few hundred thousand to seek out the London Limelight on a permanent basis. Others might have their own thoughts and reservations. Not all of them will be negative, as Latvia has a decent record in the shipping industry.

Three parts got my eye, and they are at least worrying, infuriating might be a slightly better word. The first quote was from the European Commission that ‘Latvia is ready to adopt the Euro in 2014‘. An interesting quote, especially as well over 60% of Latvia is fiercely against the Euro. Let us be fair, why adopt a sinking ship. Would you buy the Titanic if you found it parked against an iceberg? At worst it is a 3800 meter walk back to the boat (straight down).

It is the quote from the Latvian Prime Minister that is the second quote of concern: “Prime Minister Valdis Dombrovskis welcomed the news, saying in Riga that ‘joining the Euro will benefit Latvia’s economy by removing currency conversion costs and raising Latvia’s credit rating’.

Really? You want to adapt even more credit option whilst you are already in a position to drown in current debts? How clueless does that seem? It will take five years to get past the weakness gained by Cyprus, and at least 15 years to get a grip on the financial vise that Greece is giving the rest of the EU. Is this a ploy to remove the option for the UK to remove itself from the EU? If that is so, then the current administration is not just heading towards failure at the next election, at that point we look at a total overwhelming victory by UKIP next election. I have nothing against UKIP, but I do not think that to be a particularly good idea. Mostly, as a large part of UKIP would be seated at senior position whilst having little more than junior levels of experience. (I just call them how I personally see them). They would be elected in charge, whilst becoming a real danger to create an unresolvable mess for two administrations to come (again a personal view of mine). I will here and now state quite clearly that this is an assumption on MY side. I will also happily add information proving me wrong when and if the time comes.

Back to Latvia!

The second quote is nothing compared to the third one. “We think Euro membership will increase investment activity. We need only to look at the Estonian example where investment in the non-financial sector doubled.” (Source: http://www.skynews.com.au/world/article.aspx?id=877664 ).

This I see as a massive misdirection. The only reason that this looks this way is because Skype was an Estonian invention (a brilliant one). It comes from the people who initially came up with Kazaa. So yes, even though their mention might be correct, the fact that one product is the major reason behind the non-financial investment is thrown into the deep left field of unmentioned factors. Of course Tallinn is also famous for the Beer ferries to Stockholm. It is indeed a pretty city to see, uncannily picturesque and of course it has some visibility for the hourly lady rental services (some are extremely good looking and it is perfectly legal in Estonia). So which of these options give that reason for investments? Also interesting is that this newscast from Sky News did not come with the identity of a writer. You see, here is where we take a look at a few things. Especially when we consider the mention by Leveson and in regards to Ethics. I think that this article is missing a lot of facts and some are too far out of context. However, this is again my personal view on the matter at hand.

Danger 1.
The EU economy is as fragile as it gets. I will not debate here whether it is a good idea to add Latvia to the list. It is important to consider the Latvian addition to the Euro. Especially, when we read statements from their PM is strong at mentioning of the option of upping their credit rating. That part will hit back to the Euro sooner rather than later and as such the other Euro nations as well. It only makes a stronger case for the UK to get out of the EU (I am not convinced it is the right option at present), and get out fast. Even if they do not, additional reasoning for better and more complete regulations is required for all kinds of banks and financial institutions. That would be needed BEFORE nations get added to the Euro as it allows for a gap for re-managing all kinds of financial packages, that would require those government to need additional IMF support. We all know where that leads the rest.

Danger 2.
Looking at Estonia? Why, because these nations are neighbours? Tallinn has a direct ferry connection with Helsinki and a ferry connection with Stockholm (amongst others). Non-financial investments are nice, but how many and who? Skype (invented in Estonia) got a strong influx by Microsoft and twice the amount of what? Another nation getting a few taxable Billions for Skype does not put Latvia in the clear (also much of that amount went to a small group of private developers) as Microsoft bought it. There is every chance that Skype will be phased out of Estonia, then what? This does not reflect badly on Estonia as it has several economic options. Latvia does not have those in equal measure. It has options, but which ones exactly? It seems that the initial article does not bear that out clearly at all.

Another quote to mention is “Latvia is a small, open economy” the Latvian Prime Minister said. Anyone remember Iceland 2004? Similar words were spoken then. That did not pan out to well for that island, as well as many of their inhabitants (and a massive amount of places after that). This is exactly why those banking reforms I pleaded for in many situations are needed and needed fast. There is NO indications that this is about to happen here, but it is proven that greed is eternal; people in power have been willing to sell away what they can and remain unaccountable after that. It is clear that the open market industry cannot be trusted the way it is. It is even proven that too many in charge are passing the buck and letting those who are innocent pay for the hardships created by the greedy (Greece and Cyprus are clear evidence of that).

These elements give additional strengths to the UKIP mission to get out of the EU, which also gives inevitable strength to the German group under Bernd Lucke, who will get the power for the last push out of the Euro. With these two elements the UK and Germany, the EU will have more than two little problems floating their way. Should this come to pass then the German chancellor Merkel will end up getting a new job and as things go, there might be a reasonable ‘danger’ for an Early UK election. At that point it will be the EU segregation of coin or nation through possible future Chancellor Lucke of Germany and Prime Minister Farage of UK that will change the EU and possibly even sink it completely. The simple reasoning is that the Euro cannot survive without both. It might survive the departure of one, but no way will it survive both leaving their support to the coin.

So, is this just speaking doom?

I will always agree that these are thoughts (non-positive ones) from me and my way of thinking. Experts will speak out on how wrong I am. Those experts also predicted that the economy was already on the rise in 2013. This has been proven wrong in most EU nations. Where their predictions were right, they were between ½% and 1½% too optimistic. For the EU it is not just about the economy, it is about getting a handle on the current massive debts. Debts so massive that it is likely to take in some cases up to three generations to get back on the horse. To add nations to a coin is one thing, but when we read about raised credit ratings it comes down to pushing many further down a debt driven society. That in a society where on average in the EU nation’s 1 out of 8 do not have a job, in some cases it is 1 out of 4. That is no place to be in a debt driven society. That is not a social structure, that is in my humble opinion seen as the population gnawing on the remaining scraps called ‘their nation’ before those nations become some industrialised economic ownership, where you either work at THEIR leisure, or you perish.

It would be fair of you the reader to dismiss this thought. Before you do, consider that Greece had been holding a fire sale of what is still in their name (for now). This act is to reduce a debt of millions, out of a total debt which surpasses several hundreds of billion. No more than a drop of water on a hot plate. That happened last year (Source: http://www.guardian.co.uk/world/2012/sep/19/debt-ridden-greece-firesale)

So what happens when a nation has nothing left? Is my reasoning that outlandish? Those sales might get them somewhere near 2 billion, whilst 15 billion is due in 2015. Even if ALL savings from the entire Greek population is nationalised (confiscated). It might just be enough to get the 15 billion. So what to do about the other 300 billion not paid? I am not going after Greece; this is not about the Greek debt. This is about OTHER new members not adding to this, and for that certain precautions are needed. Certain regulations for banks and financial institutions need to be in place. Even if the IMF now admits that the damage through Austerity was ‘miscalculated’. (Source: http://www.guardian.co.uk/business/2013/jun/05/imf-underestimated-damage-austerity-would-do-to-greece) In all honesty, I saw that one coming a mile away. It has been known at least since the early 1600’s that a plucked chicken has little feathers left. (And boy did that chook get itself plucked!)

As messages of rephrasing ‘the message‘, it has been clear that there is a real danger that the Euro is way too close to a non-successful triple bypass.

If a new member dumps their domino on the EU and Greece falls, which will topple Cyprus and then the effect will topple France, Italy, which in turn will topple the Dutch and remaining domino stones (read weak economic countries). What will be left? I will keep one eye on the Guardian the next few weeks as people like Larry Elliott and Phillip Inman, who are excellent financial correspondents, add their views to the internet.

If there is any chance of surviving, then it is only possible if credit limits are frozen and debts are lowered. So far no one is on top of that approach and the EU will change as team Lucke/Ferage might remove the little options the EU had left. Are they wrong? I am not sure, but I do not blame these two for getting their nations out of a collision whilst the others keep on failing to successfully manage their budgets.

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The Data Intelligence bill

GCHQ_StampBThe events that occurred in Woolwich have sparked more than just one debate. The new debate is involving the additional powers that Home Secretary May wants to hand to the intelligence branch. It involves a data bill that was vetoed by the Deputy Prime Minister Nick Clegg. He stated that it was too much of an invasion of privacy.

Is he correct?

Initially I would side with that part. Yet, you cannot have it both ways. There is a plain and simple need to keep England’s citizens safe from radicalised attacks. The issue of Home grown terrorism had been an issue going back to Sir Jonathan Evans reign of MI-5. He was more than just a little concerned with outside influences on the British way of life. This now falls firmly on the shoulders of both Andrew Parker, who is well aware of the issues as well as the needed response and Sir Iain Robert Lobban of GCHQ. As this is Signal intelligence and as such it falls in his lap as the data would be needed for MI-5, MI-6 and some parts of local law enforcements.

I would think that part of this bill will start with Lord Carlile. His involvement in this goes back to the Terrorism Act of 2000. Current issues are ‘tainted’ by two reports and as such they both are important. First there is the National council of Civil Liberties that drafted a response to the definition of terrorism, which seems to have been the work of Gareth Crossman and Jago Russel. You should take a look at it (source: http://www.liberty-human-rights.org.uk/pdfs/policy06/response-to-carlile-review-of-terrorism-definition.pdf). It is an interesting work, and important to read is how they see this all. Part of the weakness is the approach on page 3 where they state: “It is vital that the definition of ‘terrorism’ is drawn as tightly as possible“. It is a decent stance to have, yet in the light of fear against home grown/lone wolf terrorism it is actually counterproductive. Terrorism is a shifty acre of quicksand and the strict approach is not only going to fail, it will get the people involved stopping this drowned. Not a good thing me thinks!

I feel uncertain to the point 6 they make on page 5. Yes, they do state that it is outside of the scope of the document, and as such they only raise the comments made that Terrorism should be dealt with under Criminal law. Here is where I might be the dissenting voice. The law should cover all, I do believe in that, however, what part of law? We are dealing with a group that does not seem to be categorised as such. These people are not transgressing in a way where we approach a normal person, or even the average person. Whilst we approach these transgressors in one way or another, even when if possible their defence starts going into the Mental Health act we will see a case where the court is drawn into years of litigation and dealing with a case that as such should be seen as a non-combatant involved in hostile military actions against civilians with no allegiance to any nation and as such it becomes a mess where each case locks down the justice system more and more. Consider the American situation (Foreign Intelligence Surveillance act). This comes from a special report by their Justice department stated in June 2005.

This allowed the use of FISA information in a criminal case provided that the ‘primary purpose’ of the FISA surveillance or search was to collect foreign intelligence information rather than to conduct a criminal investigation or prosecution. The seminal court decision applying this standard to information collected in intelligence cases was issued in 1980. See United States v. Truong Dinh Hung, 629 F.2d 908 (4th Cir. 1980). In this case, the Fourth Circuit Court of Appeals ruled the government did not have to obtain a criminal warrant when ‘the object of the search or the surveillance is a foreign power, its agents or collaborators,’ and ‘the surveillance is conducted primarily for foreign intelligence purposes.’ Id. at 915. However, the court ruled that the government’s primary purpose in conducting an intelligence investigation could be called into question when prosecutors had begun to assemble a prosecution and had led or taken on a central role in the investigation.

This shows that the narrowness of the scope would be the obstacle we should be trying to prevent. The issue is NOT our privacy at that point; it is all about them having access to go after the right people. This requires them to blanket us with collection of data. Even though the data is all collected, it will turn out that 99.9% might never be accessed. Having it is however essential for their success of stopping terrorist attacks. So when the Sky News UK reporter Stephen Douglas mentioned “are they playing politics with fear” then he is in my humble opinion incorrect. This data bill has been needed for a long time. It can even be safely speculated that MI-5 could have intervened with the Kenyan involved in the Woolwich murder at an earlier stage as more flags would have been raised. Their interview with him would have led to other questions, confirmations of danger. That seems to not have happened at this stage.

So from the civil liberty document we move to document cm7058 from June 2007 which holds “The Government Reply to the Report by Lord Carlile of Berriew Q.C. Independent Reviewer of Terrorism Legislation The Definition of Terrorism“. (Source: http://www.official-documents.gov.uk/document/cm70/7058/7058.pdf). My issue is with point 5 on page 5. Idiosyncratic terrorism imitators should generally be dealt with under non-terrorism criminal law. This is the point that shows the need of the data bill. Especially when we consider Lone wolf or Home grown terrorists there will be the issue whether the person was a mental health wannabe, or a more intelligent individual being allowed a second go at harming groups of people, after civil rights protected him the first time.

So even if we want to give strength to both Nick Clegg and the National council of Civil Liberties. They are there speaking out to protect your rights. Yet, in that process, they are giving strength and freedom to terrorist attacks like the one in Woolwich (not intentionally). This issue is like a seesaw. These two viewpoints are utterly opposing and as we give power to one, we remove it from the other. The interesting part is that the information we surrender will not harm us unless we support terrorism. Should that not convince you then please remember that you have already given away your privacy to most market research and financial institution data centres. They only want your money, or in a product driven way bank you. The intelligence community wants to keep you safe. In my mind, there is no debate. The data bill is likely to come and should be there, if only to prevent a second Woolwich.

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Banking the blame game

Yes, it took less than 72 hours, but Cyprus has broken more than just a little all over Europe. There was always the issue is the situation that the numbers did not add up. Looking at the news as it hits us from Sky News, NOS, Wall Street, Reuters, CNN and a few other sources, we get the distinct impression that politicians have heard of the concept of a spread sheet. There is however a decent chance they have never seen one. Consider that these politicians were involved with the Cyprus deal, we should wonder in how much problems Europe currently is.

First is the issue on the uniqueness of the plan in the first place. Those who saved all their lives, high and low savers, all have to chip in to prevent Cyprus from going bust. So, in this situation the people will be taxed twice. Once on the average of their income their savings will be cut up to an extra 9.9%.

So, how did this get this weird? Well, reporters are giving us all kinds of reasoning; many of them make perfect sense. A good one was the issue that the bail out of Greece had to be paid by banks, and this is where Cyprus got into trouble. I am not judging whether it is ‘true’ or not, but there are two sides. I personally belief that this is NOT the full story and more has happened! The interesting part is that the side as mentioned is not given the visibility it should have. Yes, there is an issue, yes, a bail-out is needed. We can also see those reporters around an ATM with queues. Yet, this issue is naught compared to the question how the $12B is needed, and even more, as they scared people to lose faith in the banks and all are withdrawing of billions of Russian Cash, all really willing to take a hike to a safer banking place. Is no one wondering whether certain ‘made’ miscalculations were really this ‘unexpected’? This is what was stated by Bloomberg on the 16th: “‘Simply to leave Cyprus alone and see what happens would be, in my view, irresponsible‘, Merkel told reporters in the Belgian capital after a two-day European Union summit. In her wake, the finance officials arrived, along with European Central Bank President Mario Draghi and IMF chief Christine Lagarde, for the Cyprus talks.”

The other side is that, should this all be true, then the issue becomes that the bail-out of Greece is not just half baked. The solution the financial experts claim to be a solution, was not only not a solution, it is turning out to be a solution that is now dragging down other nations and the Eurozone as well. As markets opened, both Spain and Italy are feeling that like a painful stab in the back. Consider what was stated on Cyprus. They need $12B, they Cyprus is only 0.2% of the Eurozone economy. Whether they were given a bail out, can someone please explain how a market this small be such a financial tsunami creator?

Take the following facts into consideration

1. If the bailout of Greece has this effect on connected banks, what are the EEC and the IMF not telling us?
2. How can an economy this small be allowed to hold such a chunk of so much debt? Remember that the issues continued AFTER the bail outs. We can seriously ask questions on how the acts by the Eurozone ministers are cut down like this. Also interesting that a lot of this was never loudly questioned by members of the press either (if I am incorrect, please refer me to the evidence I missed and I will happily correct this).

3. The markets are now realising that the Eurozone issues are far from over. Bad management seems to be a clear factor. Perhaps that this scenario and the effects were always envisioned by certain players of the big money game! If so, what are they trying to do? Push savings from banks from place A to place B? Would they intentionally want to weaken banks, especially in Spain and Italy?

We could in my mind come to the thought that either the banks and the bailed out governments are in worse shape than ever reported and the IMF and its partners in managing the banking issues are deciding on issues behind closed doors, therefor missing issues that should have been dealt with, or it is not impossible that the lack of bank regulations on an international level are reason that there is no progress at present, and none is to be expected in the near future. More important, imply that part of this is either orchestrated, of that those in charge are a lot less competent then envisioned. There is one remote third option. I admit that this thought is far out there. What if money is ACTUALLY running out? Consider all these swaps, credit vouchers and derivatives. A derivative is a mathematical future. It is not real. If LIBOR represents, UK and US combined, a value of over $1000T (yes, trillions). Consider all the debt out there; no one can pay for it. What is really left? Traders, still dealing in make belief? Concepts and nothing seems real. Food is real, Land is real, and revenue COULD be real. All those governments all claiming to have so much, yet the US is minus 16T, UK is minus 1.5T, except for Germany, nearly ALL are deep in the negative. Now consider why Cyprus gets such a unique treatment. Is it about the $20 billion the Russians have stashed there? If so, then that would be a weird act, to endanger Euro markets to such a level. Those factors might give a little value to the third option I mentioned. I admit, it is a very thin line of thought.

People all over Cyprus are now considering the fact that their banks are all closed until Thursday. Cyprus seems to be hiding a larger secret. Part of this was reported. The issues on money laundering through Cyprus had been reported before, and last by CNN. This is hardly a secret. I know my lack of knowledge and my naive thought of replacing the ENTIRE banking management groups in ALL the Cyprus banks could have actually increased reliability. In addition, it would have given a strong message out to the banks too. None of this was done, no, the saving of people were initially cut, causing market unease. I feel there are enough thoughts proving more is going on than just a bail out.

Legally? The UK and Germany should step in setting up banking laws immediately (one common law and one civil law nation). Not the penny washing kind, but the kind that has sharp teeth. Real reforms start with laws and regulations. The Wall Street Journal reported by Lukas I Alpert reported this statement 4 hours ago: “Cyprus has always said it abides by international banking laws. Russia’s departing central bank chairman, Sergey Ignatiev, recently acknowledged that Russia saw illegal outflows of $49 billion in 2012

Perhaps those international banking laws are a lot shakier then banks and politicians are willing to admit to.

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