Tag Archives: Sundar Pichai

Deadlock removed

Forbes gave us news in several ways. It merely flared my nostrils for 0.337 seconds (roughly) and after that I saw opportunity knock. In all this Microsoft has been short-sighted for the longest of times and initially that case could be made in this instance too. Yet, I acknowledge that there is a business case to be made. The news on Forbes with the title ‘Why Microsoft ‘Confirmed’ Windows 7 New Monthly Charges‘ (at https://www.forbes.com/sites/gordonkelly/2018/09/15/microsoft-windows-7-monthly-charge-windows-10-free-upgrade-cost-2) gives us a few parts. First there is “Using Windows 7 was meant to be free, but shortly after announcing new monthly charges for Windows 10, Microsoft confirmed it would also be introducing monthly fees for Windows 7 and “the price will increase each year”. Understandably, there has been a lot of anger“. There is also “News of the monthly fees was quietly announced near the bottom of a September 6th Microsoft blog post called “Helping customers shift to a modern desktop”“, so it is done in the hush hush style, quietly, like thieves in the night so to say. In addition there is “Jared Spataro, Corporate Vice President for Office and Windows Marketing, explained: “Today we are announcing that we will offer paid Windows 7 Extended Security Updates (ESU) through January 2023. The Windows 7 ESU will be sold on a per-device basis and the price will increase each year.” No pricing details were revealed“. This is not meant for the home users, it is the professional versions and enterprise editions, that is meant for volumes and large businesses. So they now get a new setting. Leaving pricing in the middle, in the air and unspoken will only add stress to all kinds of places, but not to fret.

It is a good thing (perhaps not for Microsoft). You see, just like the ‘always online’ folly that Microsoft pushed for with the Xbox, we now see that in the home sphere a push for change will be made and that is a good thing. We all still have laptops and we all still have our Windows editions, but we forgot that we had been lulled to sleep for many years and it is time to wake up. This is a time for praise, glory, joy and all kinds of positive parts. You see, Google had the solution well over 5 years ago, and as we are pushed for change, we get to have a new place for it all.

Introducing Google Chromebook

You might have seen it, you might have ignored it, but in the cast of it all. Why did you not consider it? Now, off the bat, it is clear if you have a specific program need, you might not have that option. In my case, I have no need for a lot of it on my laptop, yes to the desktop, but that is a different setting altogether.

So with a Chromebook, I get to directly work with Docs (Word), Sheets (Excel) and Slides (PowerPoint) and they read and export to the Microsoft formats (as well as PDF). There is Photos, Gmail, Contacts and Calendar, taking care of the Outlook part, even Keep (Notes), Video Calling and a host of other parts that Microsoft does not offer within the foundation of their Office range. More important, there is more than just the Google option. Asus has one with a card reader allowing you to keep your files on a SD card, and a battery that offers 7-10 hours, which in light of the Surface Go that in one test merely gave 5 hours a lot better and the Chromebook is there for $399, a lot cheaper as well. In this it was EndGadet that labelled it: ‘It’s not perfect, but it’s very close.

Asus has several models, so a little more expensive, but comes with added features. In the bare minimum version it does over 90% of whatever a student needs to do under normal conditions. It is a market that Microsoft could lose and in that setting lose a lot more than merely some users. These will be users looking for alternatives in the workplace, the optional setting for loss that Microsoft was unable to cope with; it will now be on the forefront of their settings. In my view the direct consequence of iterative thinking.

And in this it is not merely Asus in the race, HP has a competitive Chromebook, almost the same price, they do have a slightly larger option 14″ (instead of 11.9″) for a mere $100 more, which also comes with a stronger battery, and there is also Acer. So the market is there. I get it, for many people those with stronger database needs, those with accounting software needs, for them it is not an option and we need to recognise that too. Yet the fact that in a mobile environment I have had no need for anything Microsoft Specific and that there Surface Go is twice the price of a Chromebook, yet not offering anything I would need makes me rethink my entire Microsoft needs. In addition, I can get a much better performance out of my old laptop by switching to Linux, who has a whole range of software options. So whilst it has been my view that Microsoft merely pushed a technological armistice race for the longest time, I merely ignored them as my windows 7 did what it needed to do and did it well, getting bullied into another path was never my thing, hence I am vacating to another user realm, a book with a heart of Chrome. So whilst we look at one vendor, we also see the added ‘Microsoft Office 365 Home 1 Year Subscription‘ at $128, so what happens after that year? Another $128, that whilst Google offers it for free? You do remember that Students have really tight budgets, do you not? And after that, students, unless business related changes happen, prefer a free solution as well. So whilst Microsoft is changing its premise, it seems to have found the setting of ‘free software’ offensive. You see, I get it when we never paid for it, but I bought almost every office version since Office 95. For the longest times issues were not resolved and the amount of security patches still indicates that Windows NT version 4 was the best they ever got to. I get that security patches are needed, yet the fact that some users have gone through thousands of patches only to get charge extra now feels more like treason then customer care and that is where they will lose the war and lose a lot.

So when you see subscription, you also need to consider the dark side of Microsoft. You partially see that with: “If you choose to let your subscription expire, the Office software applications enter read-only mode, which means that you can view or print documents, but you can’t create new documents or edit existing documents.” Now we agree that they clearly stated ‘subscription’, yet they cannot give any assurances that it will still be $128 next year, it could be $199, or even $249. I do not know and they shall not tell, just like in Forbes, where we saw ‘News of the monthly fees was quietly announced‘.

When we dig deeper and see: ‘Predicting the success of premium Chromebooks‘, LapTopMag treats us to: “The million-dollar question is whether these new, more expensive Chrome OS laptops can find a foothold in a market dominated by Windows 10 and Mac OS devices. Analysts are bullish about Chromebook’s potential to make a dent in the laptop market share“, which was given to us yesterday. Yet in this, the missing element is that Windows will now come with subscriptions to some and to more down the track, or lose the security of windows, now that picture takes a larger leap and the more expensive Google Pixelbooks (much higher specs then the others mentioned) will suddenly become a very interesting option. One review stated on the Pixelbook: “the Pixelbook is an insanely overpowered machine. And, lest we forget, overpriced“, which might be true, yet the little lower Atlas Chromebook was $439. So yes, the big one might not be for all and let’s face it. A 4K screen is for some overkill. That’s like needing to watch homemade porn in an IMAX theatre. The true need for 4K is gaming and high end photography/film editing, two elements that was never really for the Chromebook. At that point a powerful MacBook or MacBook pro will be essential setting you back $2900-$11400. So, loads of options and variations, at a price mind you. As I see it, the Microsoft market is now close to officially dissolving. There is a whole host of people that cannot live without it, and that is fine. I am officially still happy with my Windows 7, always have been. Yet when I see the future and my non-gaming life, Linux will be a great replacement and when being mobile a Chromebook will allow me to do what I need to do. It is only in spreadsheets that I will miss out a little at time, I acknowledge that too, but in all this there is no comparison with the subscription form and as it comes from my own pocket is see no issues with the full on and complete switch to Google and its apps in the immediate future. I feel close to certain that my loss will minimal at the most. A path that not all will have, I see that too, but when thinking the hundreds of thousands of students that are about to start University, they for the most can make that switch with equal ease and there we see the first crux. It was the setting that Microsoft in a position of strength had for the longest time, enabling students so that they are ready for the workplace changes. They will now grow up with the Chromebooks being able to do what they need and they will transfer that to the workplace too. Giving us that the workplace will be scattered with Chromebooks and with all kinds of SaaS solutions that can connect to the Chromebook too. The Chromebook now becomes some terminal to server apps enabling more and more users towards a cloud server software solution. As these solutions are deployed, more and more niche markets will move in nibbling on the Market share that Microsoft had, diminishing that once great company to a history, to being pushed beyond that towards being forgotten and at some point being a myth, one that is no longer in the game. It is also the first step that IBM now has to bank in on that setting and push for the old mainframe settings, yet they will not call it a mainframe, they will call it the Watson cloud, performing, processing and storing, available data on any Chromebook at the mere completion of a login. It is not all there yet, but SPSS created their Client server edition a decade ago, so as the client becomes slimmer, the Chromebook could easily deal with it and become even more powerful, that is beside the optional dashboard evolutions in the SaaS market, the same could be stated for IBM Cloud and databases. That is the one part that should be embraced by third party designers. As SaaS grows the need to look in Chromebook, Android and IOS solutions will grow exponentially. All this, with the most beautiful of starting signals ever given: ‘Windows 7 New Monthly Charges‘, the one step that Microsoft did not consider in any other direction and with G5 growing in 2021-2023 that push will only increase. If only they had not stuffed up their mobile market to the degree they had (my personal view). I see the Windows Mobile as a security risk, plain and simple. I could be wrong here, but there is too much chaff on Windows and as I cannot see what the wheat is (or if there is any at all), and as Microsoft has been often enough in the ‘quietly announcing‘ stage and that is not a good thing either.

Should you doubt my vision (always a valid consideration), consider that Veolia Environnement S.A. is already on this path. Announced less than two weeks ago we see “So we propose a global migration program to Chromebooks and we propose to give [our employees] a collaborative workplace. “We want to enable new, modern ways of working”“, linked to the article: ‘Veolia to be ‘data centre-less’ within two years‘ (at https://www.itnews.com.au/news/veolia-to-be-data-centre-less-within-two-years-499453), merely one of the first of many to follow. As the SaaS for Chromebooks increases, they will end up with a powerful workforce, more secure data and a better management of resources. Add to this the Google ID-Key solution and the range of secure connections will go up by a lot, diminishing a whole host of security issues (or security patches for that matter). All options available now and have been for a few years now. So when we see the Chromebook market push forward, we should thank Microsoft for enabling exponential growth; it is my personal believe that the absence of a monthly fee would have slowed that process considerably in a whole range of markets.

So thanks Microsoft! You alienated gamers for years, and now we see that you are repeating that same silly path with both starting students and businesses that are trying to grow.

I’ll ask Sundar Pichai to send you a fruit basket, it’s the least I can do (OK, the least I can do is nothing, but that seems so mean).

 

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The academic colour

This goes back to me having a very young age and in those days we had a saying in chess: ‘white begins and black wins‘. It had nothing to do with race, it was that those in reaction have a benefit; we can play whilst considering in response what the opponent is doing. It is a mere tactic, some you win, some you lose, yet overall, I still believe that the one moving first is out on a limb until the game unfolds and as long as the player using black comprehends the moves that are set, that player has an advantage, the size of that advantage is how quickly white picks up on the countermoves by black.

Yet, I made the race connection and here it is: ‘Trump administration moves to rescind Obama-era guidance on race in admissions‘, the Washington Post headline (at https://www.washingtonpost.com/local/education/trump-administration-moves-to-rescind-obama-era-guidance-on-race-in-admissions/2018/07/03/78210e9e-7ed8-11e8-bb6b-c1cb691f1402_story.html) gives us a dangerous setting. The issue is the reasoning behind it is what matters. The quote starts us with: “rescind Obama-era guidance to colleges and universities on how they can use race in admissions decisions to promote diversity, according to an administration official“, yet I am not certain whether that is a good setting. You see I have had my share of tertiary education. I was lucky to some extent and I finished with three post graduate degrees, one a Master. I have lived in many places where diversity was the cornerstone of education and I expected that to be the norm, yet we all know that it is not.

If we look at the Pre-Obama era and take the sport players out of the consideration (Football and Basketball), the racial diversity is pretty much non-existent as I see it. Even now, if we look at American education and we take the top 30% we get a really skewed view of ‘educated Americans‘ it is seen even better when we look at the census. We see (at https://www.census.gov/prod/99pubs/99statab/sec04.pdf), the fact of educated people, and even if we realise that the percentages are all going up, the setting that in 1998 that 80% of those with high school were white and merely 50% was black, that is a number that matters, in a diversity given setting, they should be a lot closer together, not 30% apart. The Hispanic community is much closer to the white one, yet still trailing. When we look at the next step, those with 4 years (or more) of college, we see that Caucasians lead with 25%, that against Hispanics at roughly 12% and blacks at 10%, that is a problem, there is no level of equality. Any civilisation that truly embraces diversity and equality can see that these numbers are just wrong, and as such changes, many large changes are essential. Now, we can argue with the Obama setting, or find a way to improve it, not rescind it.

There is another setting that we see (at https://www.census.gov/content/dam/Census/library/publications/2016/demo/p20-578.pdf). It makes no sense to completely chew the report and mull over the entire spectre of data, yet the one that lighted up were those with advanced degrees. 8.2% Black and 12.1 were Caucasian, what was interesting that the Asian group is 21.4% surpassing all others. There is a change and we need to earn what that is, because here we have a shift in success. The numbers seem to add up more evenly (after 20 years) between black and white, yet the shift starts from Associate degree and later, that is where we see the numbers drop. Yet in all, how was this weighted? You see, the counts give us White with 168,420, Black with 25,420, and Asian with 12,331, so a setting so uneven is unsettling, because this implies that if there is weighting that it is too unbalanced. That issues grows even further when we see (at https://www.census.gov/prod/cen2010/briefs/c2010br-02.pdf), the setting “This report looks at our nation’s changing racial and ethnic diversity. It is part of a series that analyses population and housing data collected from the 2010 Census, and it provides a snapshot of race and Hispanic origin in the United States. Racial and ethnic population group distributions and growth at the national level and at lower levels of geography are presented” is one that I cannot agree with. We see in 2010 223,553,265 (72.4%) white, 38,929,319 (12.6%) black or African American and 14,674,252 (4.8%) is Asian. If we go from the (I admit a wrongful set assumption) that there is equality to some degree, that if we take the black population as part of the white population as comparison, there should be some equality between the educated and the ‘actual’ population (yes, it is shallow, I know), they should be close together, yet they are not, they are 2% apart and when you consider it reflects a total of 200,000 students (roughly rounded), the African Americans lose out on a few thousand completed education seats and that is actually a much larger issues than anyone realises.

I will not tell you what the reason is for the difference, because it takes someone a lot more clever than me to do that, but the data (even when not optimally used) should not add up to this. In equal measure I feel that I need to disagree with Roger Clegg, president of the Center for Equal Opportunity. We see: “He said it was appropriate for the administration to ditch policies that had encouraged schools to weigh race and ethnicity in deciding where students would be assigned or admitted. “Students should be able to go to a school without regard to their skin color or what country their ancestors came from,”“, I agree with the premise he states, yet we already see that the African American population are getting short changed for a few thousand higher education seats and we need to find out why that is happening, because if diversity can lead to academic salvation of a nation, we need to change the books and values most held for granted. This is seen in the Teacher Education Quarterly, Fall 2008 in the article by Rita Kohli called: ‘Breaking the Cycle of Racism in the Classroom: Critical Race Reflections from Future Teachers of Color‘, we see on page 178: “Eddie came up to us and asked, “Ms. Wright, I don’t got no lunch money, can I sit in your room and use the computer?” Ms. Wright was a seventh year White teacher who received a lot of respect for the high academic standards that she held students to at this underperforming school. Ms. Wright immediately responded, “I am not going to answer that question until you speak correctly. How can we say that in proper English?” We both looked at Eddie, waiting for him to rephrase his words, but instead he calmly replied, “Maybe not in your house, but in my house that is how we speak correctly.” Ms. Wright and I were both caught off guard and a little speechless, and Eddie just stood there un-phased, waiting for us to let him use the computer“, it is there that we see the reflection on “what I was not conscious of, until Eddie so confidently pointed it out, was that although differences exist in the structure of African American Language (AAL) and Standard American English (SAE), at this school, we were actually teaching a hierarchy of those differences (FairesConklin& Lourie, 1983)“. The article goes on regarding racial issues that are beyond my comprehension, as my life has been very different, yet this one setting where we see that the cards are already set against the African American population in a mere AAL versus SAE setting, these kids have not even made it to high school and they are already at an advantage, I cannot even perceive the disadvantages that the Native Americans face in such a setting. But that small setting can already impact thousands, thousands of students who could be the prospering African American minds that America desperately needs. Let me state it in a simplified way, the mere setting of AAL versus SAE would not prevent any African American becoming the next Mary Frances Berry, Stephen L. Carter, Patricia Hill Collins, Roland G. Fryer, Jr., or Rhonda Vonshay Sharpe. Hell, I’d be happy just to get another James Earl Jones so we get to enjoy a really good movie that is relying on zero special effects.

The issue is that in a true society, race is not the deciding factor. Or as I see it, when we look at the average year of a university we should get a racial setting that approaches the national population. That will never be true, because some are more driven to be successful than others. You merely need to see the Asian graduation numbers to see that some drives are inherent to family values and history. Yet, they should not be as unequal as we currently see them and that is why I am not on the side of Roger Clegg, even as he might be completely correct.

I also need to raise the issue that we see with: “Harvard University’s use of race in admissions has come under scrutiny in a federal lawsuit that alleges the school has discriminated against Asian Americans. Separately, the Justice Department is conducting its own civil rights investigation of Harvard admissions. The university denies wrongdoing and says its methods — weighing race and ethnicity as one factor among many in a review of an applicant’s background and credentials — conform to decades of settled law“. I do not think that there is anything that Harvard is likely to have done wrong, I merely think that the system has stopped working correctly and we need to see if another mould might do the trick in getting it right, yet the setting of ‘weighing race and ethnicity ‘ might be the wrong path. You see, weighing is dangerous, even if we use it to set towards a path of minimum inclusion, which is a good thing, most tend to see it as a reference line to exclusion, which is a lot more dangerous. The old setting that has been going around for the longest time is ‘will that person succeed’, ‘will that person contribute’, ‘will this not be a failure’. The third is important, as it highlights my issue with a place like Ubisoft for the longest of time. To set the stage of something not being a failure is also the stage of creating mediocrity, for those who are not willing to put it all out, they will never create something truly exceptional. In gaming those are the games that are that are scoring 97% or higher. You merely have to look at the track record of Ubisoft to see that I am correct. The next group of upcoming billionaires are not created in Wall Street, they come from the streets and high schools; they figured out on how the next generation of technology (5G) can be harnessed in productive ways, the will start something new, whilst those around them will try to copy and mimic that creativity. We forgot all about the creative arts, the one side that does not rely on AAL versus SAE, it relies on vision and that matters, because vision allows to create that what does not yet exist and growing that group with academic skills is all that matters, giving them the comprehension of tools and concepts is what allows them to link one to the other and that is where trillions are created. I came up with three systems not by pushing the boundaries further, but by inverting the process. We do not need someone who solves the next small clever iteration, we have thousands of that, we optionally need the one solving the puzzle of CELL(150) (or is that CELL(182)?), it cannot be created here, but when you figure out where it could be found, you solve two other puzzles and that is where we need to look.

We don’t need another John Paulson; we need another James Edward Allchin. As data speeds go up, the systems that need to store are becoming the bottle neck in all this, and whilst everyone smiles and points at the cloud, we will see some people losing the plot, and some sales figures will point at the Cisco QoS: Congestion Management Configuration Guide. We will see clever articles on “control congestion by determining the order in which packets are sent out an interface based on priorities assigned to those packets. Congestion management entails the creation of queues“, it all sounds so easy and so logical. Yet the truth is that most have no clue. You see, 3 billion people using the peak of 5G (2024-2027) will impose  levies of congestion on nearly all systems; some cannot even keep up now (a jab at Australia’s NBN). It is very serious matter and even as all the players are in the dark. So, someone, who was into painting night skies would optionally get into astrology and whilst that person decided to paint a starry night outside Lambert Montana, the thought: ‘What if I stored it that way?‘ came to that persons mind and then considered the storage that mother had in the kitchen and things start falling together. It would never have worked in any other way, sometimes the biggest fluke is actually the brainwave that solves a lot more than we ever considered.

Exceptional solutions are not grown or trained, they come from people with vision and growing those people into levels of comprehension towards analytical and critical thinking is what gets the golden eggs that change everything. True wealth is not following or being better, true wealth is being first and pushing the boundaries for everyone else. Mark Zuckerberg might be the clearest example, but he is not the only one. And when we consider that some of the solutions were seen as early as the 70’s with the benefits of VAX/VMS whilst the connection of one with the setting 5D optical data storage and now replace that ‘contact lens’ for a hollow cylinder where the inside writes and the outside reads and you’ll end up with a storage system that offers no less than 250 Petabyte, has a half-life of well over  an eon and is 75,000 times faster than anything found in the Pentagon (at present or in the next decade). You merely need to reset the mind to not adhere to the current rules of any proclaimed captain of industry (especially the self-proclaimed ones). And whilst you laugh on the CP/M part, consider that it was equal to anything else and was merely surpassed by IBM because they relied on business sense and marketing, not on technological advantage. Oh, and whilst you giggle on VAX/VMS, it had full 64-bit addressing around 21 years before Microsoft, it also had version control and decent security at least a decade before Microsoft or their Windows 95 version had a decent setting towards security, so looking back at what the ‘old guys’ offered is never the worst idea.

So when we change the given and make 5G the weakest link in speed, we will finally get to the hardware that will give us a true advantage, although I merely want it so that I can call Sundar Pichai, telling him that the Bristlecone processor is the slowest link in my computer system and I need a quicker chip so that I can enjoy a nice game of Pong, because that is how weirdly warped my sense of humour is at times.

#RealtimeIsJustTooSlow

 

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Within the realm of privacy

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

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

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

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

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

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

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

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

So how does this fit legally?

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

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

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

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

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

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

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

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

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

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

 

 

 

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