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Black & White are not colours

This time it was not the Guardian that got things started, it was actually a man from Birmingham, you know, the one city in the UK with an obscene amount of Ashton Villa fans. It was his sketch ‘How is this STILL a thing‘ (at https://www.youtube.com/watch?v=XebG4TO_xss) that started it all. To appreciate what comes next, you should take a look at the video. It makes a few jabs, some actually hilarious. In the collections of laughs, there is one gem that is centre in all this. It is the mention of Ridley Scott. The quote “SCOTT: The short sharp crude answer is, I couldn’t get a film like that mounted for that kind of budget—we were $145 million, not $260 million, so that wasn’t bad– but to make Moses black and his wife Ethiopian? They never would have made the movie“. That is part of the issue, or is that part of the answer?

No matter who we want as a cast, there is still the director (the visionary) and the producer (the money man) and the producer is often not just putting his money up, but a ‘manager’ of several ‘investors’. I would like to be all in agreement and there is enough data, but is the entire issue this simple? You see, there is also something called a script and when you seek on Google, we get ‘Category: African-American screenwriters‘, which gives 80 names. Is that not part of the problem? Now, this list might be lacking in many ways, yet would any famous names be missing? Now we get something, my first step was to look for Alice walker, as I loved the movie ‘the Colour Purple’. She was not there, so I sought out the Oscars and found out that the adapted screenplay was written by snowy white Menno Meyjes, a Dutchman. Now there is no critique on that part, yet I wonder is this not part of something else? You see, my thoughts (which might be terribly wrong), was thinking that the USA has its share of really wealthy non-Caucasian people. What if they took a script, gave the option to a visionary African American director and let them rip out a true cash maker? Would it work? Let’s not forget that Hollywood is the stomping ground to a few visionary African American directors. John Singleton, Spike Lee, Melvin van Peebles, Will Smith, Forest Whittaker. There is plenty of talent there, and the list of really good African American actors and actresses would go on for quite some time. So what is stopping them?

I will give you an option, just an option, not a claim that this is the reason.

I believe that a great movie require the union of a scriptwriter and a director. If those two are not brought together the entire process sizzles from day 0. Which gets us back to the 80 African American scriptwriters. Is that truly the case? Why can’t others write about black heroes? Well, personally, from my own views as I am writing my novel, I am writing it from my point of view, my Caucasian point of view. There is no malice, no intent to stop African Americans, I have not lived as an African American, so how can I write about one, or a Mexican, a Japanese or a Chinese for that matter. I think that this is the first step in all this and it is just my view.

So what to do?

I believe that there are solutions for everything, if Will Smith can reforge I, Robot to be a success, he can pretty much do anything. Yet, how can this change the industry? This is where them billion thingamajigs come into play. A script is one thing, the money to make it a reality is another. You see, any form of visionary requires realism, it needs funding! In the set of three, the script, the producer and the director, the Director seems to be the easiest one, yet it will requires his visionary views to make the other two a reality, one that really pays off. Again, this is just my view on this.

In the first place, the American Universities. Why are they not trying to kindle the skill of artistic writing within their African American community? Perhaps they are, I do not know, but with all those Ivy leagues schools the list I saw of screenwriters is that limited?

Consider that the Writers Guild of America, East has well over 3500 full members and the Writers Guild of America, West has over 9000 full members. Now consider that (I know not the most reliable source) Wiki specifically the African-American screenwriters page shows 80 names. Now, I am the first to state that there is no statistical way that this is correct, but, the fact that not more visibility is an equal issue here. The Committee of Black Writers, part of Writers Guild of America, West (WGAW) gives us a decent amount of goods, especially when we read the report by Ralph J. Bunche Center for African American Studies at UCLA, Professor of Sociology. You see, this is not the laughing version John Oliver brought us, this gives us an academic confirmation “The familiar story of male and white dominance told in previous Hollywood Writers Reports still characterized industry employment and earnings patterns in 2012, the last year covered in this report“, in addition we see “The earnings gap between white male writers and women writers closed considerably by 2012, while the earnings gap between white male writers and minority writers remained large“, which gets me back to the very first thought, why isn’t African American America picking up the slack on their side, pushing and promoting the work of African Americans? Now, there is loads wrong with that statement, the fact that they have to do this is one, because there is no feasible way that the non-Caucasian population lacks drive, ambition, talent or creativity.

Evidence?

Alejandro G. Iñárritu (The Revenant, Birdman), Alfonso Cuarón (Gravity), Steve McQueen (12 years a Slave) and Ang Lee (Life of Pi). This is just the last 4 years, not all winners, but all amazing achievements and none of them are of a Caucasian disposition. I believe that this is only the tip of the iceberg, you see, my issue with #oscarssowhite is not the whether it is or it is not, but the fact that Americans forget that the bulk of their revenue is no longer coming from the US, they are coming from an international community. Just to give you an indication. The 5 most successful movies of ALL TIME had the following non-US revenue (72.7%, 69.9%, 54.8%, 61% and 59%). Did I say that clearly enough? That was the non US percentage of revenue, with the top 3 surpassing 2 billion. From the earlier list there is for example 62.1% of $723M (Gravity) and 79.5% of $609M (Life of Pi), so the money is there, even when we take the US market out of the equation. So, if it is just about #oscarssowhite, why are certain steps not taken? It can’t be ‘just’ the money, because Gravity costed $100M to make, so someone walked out with a clean taxable half a billion and Life of Pi left someone with $480M in the end. So there is a clear evidence that white is not the colour of money in the end (it actually tends to be green), but the stronger reality is, is that if we accept that Hollywood is to white for its own good, there is a market worth billion out there and it only requires the right person to pick up the profits.

In my view an achievable goal if the Money Man can unite the right director to the script he deems worthy. Have I oversimplified the problem for those people?

If so, feel free to make a contribution to my Clydesdale Bank PLC account on Guernsey. You see, whilst looking into this issue, I actually came up with 3 ideas for movies. That’s excluding the novel I am writing, which is written as is, with no mindset to either publication or setting it up for a screenplay. It is just a story I came up with and I surpassed 63,000 words last month. I reckon I am half way there now, could be a third, time will tell. This is not a twist to state how brilliant I am, because I am certain that I am not, what it does refer to is that #oscarssowhite implies that those at the top of the hill are not that bright at all, which only gives further weight to the utter need, for promoting what should be referred to as the #NonCaucasianMovieWorld, one that is very likely to bring in billions, because the names I mentioned earlier are surpassing that revenue with ease. Now in realistic light, not all movies made turn out to be a Gravity or a Life of Pi, but many of them end up having paths that lead to a situation where the ROI remains close to zero, making the chance of a cash cow at some point a lot better than most could conceive. Consider the source (http://www.boxofficemojo.com/), where the top 33 (Martin Scorcese being the lowest on that list, making $1B or more (over all their movies), gives only way to more opportunity for those who can see the right path (let’s call them semi-visionaries) and it is only when we get to position 122 when the gross revenue starts dropping below half a billion. Here is my view: ‘There is no black and white, they aren’t even real colours’. There is the colour green for $$$, profit and envy, there is red for anger of not seeing the opportunity and red for those betting on the wrong horse, yet even there the list is pretty long, because Director 771 on the list is the last one making $1M or more, which is more than I will ever make in my life. Now consider the other side of the spectrum. The Razzies gave us what some perceive to be the worst movies. In 2016 that was a tie for Fifty Shades of Grey and Fantastic Four (2015), 50 shades of paint made $571M, whilst costing $40M and Fantastic 4 made $167M, whilst costing $56M. Can you believe it? Making the worst movie of the year still gets you at least $100M, I am so in the wrong line of business!

So when you decide to fight #oscarssowhite, consider in addition the massive amounts of money you could be making. For those picking up that baton, I truly hope it will bring you the wealth you dream of. Good luck!

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CISA and Privacy are not opposites

There is a view that many hold, this view is not educated. A view which was given to us from the moment we spawned as a living person. Some got this knowledge as they went to their church or temple. They were told about good and evil. When we started to go to school we got to learn about order and chaos. This last one matters, you see, the opposite that order and chaos represent has been used in books, in videogames, in TV shows and in movies. In the Avengers movie ‘Age of Ultron’, near the end of the film we hear a quote from Vision, played by Paul Bettany that matters: “Humans are odd. They think order and chaos are somehow opposites“.

You might not realise it but the gem that we have here is in the foundations of many issues that have been plaguing us in several ways. Let’s take a look at this in two parts. The first is a Guardian article (at http://www.theguardian.com/world/2015/oct/01/blackphone-release-data-protection-privacy-surveillance) called ‘Blackphone: privacy-obsessed smartphone aims to broaden its appeal‘. The very first paragraph is a quote that shows issues on more than one side “Privacy company Silent Circle has released a second version of its signature handheld, a smartphone designed to quell the data scraping and web tracking that’s become such an integral part of the digital economy in the last few years (and whose results might well end up with the NSA, if the Cybersecurity Information Sharing Act passes)“, now I have no issue with the data scraping part and for the most the term ‘whose results might well end up with the NSA’ is less of an issue, but the overall taste is about privacy, I have no issue with this. The next quote is an interesting one, which will matter soon enough “In the beginning, Janke said, the Blackphone project was just a way for people working for his security firm SOC, since sold, to call home without having their communications intercepted“.

You see, there is no issue with the message shown here, but what is linked to all this is the message that is not shown here. You see, this device should now be regarded as the most excellent tool for hedge funds managers, organised crimes and all other kinds of non-mentioned criminals, who will now get to do with ease and freedom the things they had to steeplechase around the block for. This device will allow financial advisors to take certain steps that they were too scared to do, all out of fear of getting caught. This device will be opening doors.

There is no issue with the approach Janke had, he was submerged (read: drowning) in a world where any slip up could mean the death of him, his comrades and perhaps even his family. So his need for security was a given. There is a need for such a device. I have written about the need for this device as early as 2009, so the fact that someone picks this up is not a surprise, so why are we looking at this?

You see, it is the mention of CISA that is part of all this. CISA or better stated the Cybersecurity Information Sharing Act is sponsored by Republican Senator Richard Burr (North-Carolina). Why would anyone oppose ‘the bill makes it easier for companies to share cyber threat information with the government‘? Let’s be clear this is about dealing with Cyber Threats!

So what is a Cyber Threat? A Cyber threat is defined as ‘a malicious attempt to damage or disrupt a computer network or system‘, so we have the fact that this is about malicious attempts! So why would there be an issue? Well, there is because people and as it seems to be especially criminals, terrorists and Organised Crime seem to be allowed a lot more privacy than their victims, so in all this I see little issues pop up all over the place. This sounds all emotional, but what does the official text state? Well, the complete text is at https://www.congress.gov/bill/114th-congress/senate-bill/754, so let’s take a look at some parts.

Permits state, tribal, or local agencies to use shared indicators (with the consent of the entity sharing the indicators) to prevent, investigate, or prosecute offenses relating to: (1) an imminent threat of death, serious bodily harm, or serious economic harm, including a terrorist act or a use of a weapon of mass destruction; or (2) crimes involving serious violent felonies, fraud and identity theft, espionage and censorship, or trade secrets“, How can we be opposed to this? Is this not the foundation of growing fair play?

Well, that is partially the question. You see, the issue is in part the language. Consider this paraphrase which remains correct in light of the previous statement: “Permits local agencies to use shared indicators (with the consent of the entity sharing the indicators) to prosecute offenses relating to serious economic harm“. Which is now the floodlight of all this.

Now we get to the second part in all this, which is offenses relating to serious economic harm. Serious economic harm tends to be seen as pure economic loss, but it is not limited to that. For this we can look at the element ‘Loss of production suffered by an enterprise whose electricity supply is interrupted by a contractor excavating a public utility‘, which we see in Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd. In here the legislatively famous Lord Denning raised the issue of ‘Duty to mitigate loss’. Yet today, in the world of data and digital media, how can we measure that element? Let me show this through an exaggerated fictive example.

Microsoft raises the issue that as they required an investigation into acts that are causing serious economic harm to Microsoft. Unique software has been released that directly negatively impacts they trademarked business. The CISA could now be in effect to investigate data and data sources, but who minds that store? Who has that knowledge? Now consider that the person investigated would be Markus Persson, because his program ‘Minecraft’ is now stopping all people who are part of the Microsoft Gaming brand to continue.

So who will make that call? You might think that this is a ludicrous example, but is that so? Microsoft ended up paying more than 2 billion for it, so someone implying ‘Serious Economic Harm’ is not that far-fetched. This now becomes an issue for a timeline. What timeline is in effect here? With an imminent threat of death this is a simple matter, with serious economic harm that matter is far from simple, moreover will the claim be valid? I used the ludicrous Minecraft and Microsoft Games brand. Yet what happens when this is a lot more ‘grey’, what happens when this is Raytheon versus the Belgium based TTN Verhaert? A Technology Transfer Network (TTN) that has innovated the latest classified satellite navigation systems. Is it still a clear call as to what constitutes serious economic harm?

This act opens up a can of intellectual property, the one can everyone wants to swim in and the elected official channels do not even have a fraction of the minimum required insight to make such a call.

Section 9 gives us “Directs the DNI to report to Congress regarding cybersecurity threats, including cyber-attacks, theft, and data breaches. Requires such report to include: (1) an assessment of current U.S. intelligence sharing and cooperation relationships with other countries regarding cybersecurity threats to the U.S. national security interests, economy, and intellectual property; (2) a list of countries and non-state actors that are primary threats; (3) a description of the U.S. government’s response and prevention capabilities; and (4) an assessment of additional technologies that would enhance U.S. capabilities, including private sector technologies that could be rapidly fielded to assist the intelligence community

When we consider both A and B, we should look at ‘U.S. SEC drops Onyx insider trading lawsuit against Dubai men’ (at http://finance.yahoo.com/news/u-sec-drops-onyx-insider-230111643.html) from September 15th. The quote here is “Smith said the Newman decision was ‘helpful,’ but that the SEC ‘never had a tipper’ or evidence that his clients received inside information”, one would think that this is where CISA could now step in. Alas, apart from the side that is implied by the CISA text: ‘assessment of additional technologies that would enhance U.S. capabilities, including private sector technologies that could be rapidly fielded to assist the intelligence community’, which according to Blackphone is not an option, we now see that this opens a door to ‘patsy management’ on how two unsecured parties, could be set-up through the use of Blackphone through encrypted conversations and when the two unsecured parties talk, they could be setting each other up thanks to the other two parties that were using a Blackphone. Blackphone here has no blame whatsoever, they would be offering the one part criminals desperately want, a secured phone. This now sets a dangerous precedence, not a legal one, because Blackphone is behaving itself as it should, the provider of secure communications, it is what people do with it that matters that part cannot be guaranteed by the Cybersecurity Information Sharing Act. In addition, S. 754 has one additional flaw. That flaw is seen in the definitions, where we see that the earlier mentioned definition ‘serious economic harm’ is not specified in the definitions at all, so what definition applies?

Beyond that, we see the definition of a cybersecurity threat. In here it is important to take a look at part A and part B.

part a gives us: “IN GENERAL.—Except as provided in subparagraph (B), the term “cybersecurity threat” means an action, not protected by the First Amendment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system” and part B gives us “EXCLUSION.—The term “cybersecurity threat” does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement“, which sounds nice, yet how does it help stem cybersecurity threats?

You see, when you consider the letter send by UCLA to Chairman Dianne Feinstein in June last year, we see: “CISA’s inadequate use limitations risk turning the bill into a backdoor for warrantless use of information the government receives for investigations and prosecutions of crimes unrelated to cybersecurity“, which could be regarded as the biggest failure, but it is not, it is the part we see in “CISA requires that cyber threat indicators shared from the private sector with the Department of Homeland Security (DHS) be immediately disseminated to the Department of Defense, which includes the NSA and U.S. Cyber Command. This new flow of private communications information to NSA is deeply troubling given the past year’s revelations of overbroad NSA surveillance“. It is the ‘be immediately disseminated to the Department of Defense’ that comes into play now. When we consider ‘Overbroad Liability Protection‘, which can now hide by giving that function to an intern so that “good faith” reliance remains is a potential risk that could be pushed by big business to hide behind the ‘dope’ who acts in ‘good faith’.

Is that truly the blackness we face? Well, that is hard to say, the fact that this act relies on ambiguity and is lacking certain rules of restraint, or at least certain safeguards so that data cannot leave the intelligence office is reasons enough to have a few more discussions on this topic. What is interesting is that CISA would create a fear, which Black phone addresses, yet in similar method other players will now receive an option allowing them to play large dangerous games whilst not becoming accountable, that new Blackphone could address several issues the shady commercial interest guy is very happy to exploit.

The question becomes, how does any of this make us any safer?

So now we get back to the Age of Ultron line. As we see that crime is becoming an orderly event, the fact that we tend to hide in chaos the issues that should be open for all is part of the dilemma we now face. Again we are confronted with laws that remain inadequate to deal with the issues that needed to be dealt with. CISA takes in my view a chaotic approach to keep a level of order that was delusional from the very start, from missing definitions to application of methodology. It is a cog not linked to any machine, proclaiming soon to be of use to all machines and in the end, as I see it will only hinder progress on many levels, mainly because it tries to circumvent the accountability of some. And this is not just an American issue. In that regard laws and the protection of the victims have been an issue for a longer time. We only need to look to the Tesco grocery store on the corner to comprehend that part of the equation.

 

 

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Pussy versus Tiger

This was my first assessment when I looked at the Guardian regarding the article ‘Barack Obama and David Cameron fail to see eye to eye on surveillance‘. (at http://www.theguardian.com/us-news/2015/jan/16/barack-obama-david-cameron-surveillance-terrorists). As we see America slump more and more into the weak excuse it is on an empty wallet, it must have been quite the surprise for Prime Minister David Cameron, to go to the ‘leader’ of the free world, hoping for a decent lamb chop (which you actually can only get in either Australia or New Zealand) and he ends up having dinner with someone who prefers Purina as a meal.

You see, I am not buying his ‘civil liberty’ approach for one second. In an age where Google is demanding more and more privileges to access your mobile data, where Google search gets transparently pushed into your android phone on top of your functions. In that era HE is proclaiming ‘civil liberties’?

Where we see Facebook where we would have to consent to allow access to our religious beliefs and that of our friends for access to a game. What is this, ‘Gaming for Catholics’? Here we see discord on what is needed to keep the citizens safe?

I particularly like this part “As Cameron warned the internet giants that they must do more to ensure they do not become platforms for terrorist communications, the US president said he welcomed the way in which civil liberties groups hold them to account by tapping them on the shoulder“, tapping on the shoulder? Yes, with Bing, Google, Amazon and Yahoo all in America, he definitely wants the power of collection to be ‘unhindered’ for now. There is of course the thought that President Obama has no control and it is Google and Microsoft telling Congress how it will be for now, which means unmonitored access.

That part is also a requirement to keep the financial sector running uncontrolled until it is too late (a point which might have passed already).

So, is this all rambling? Let us look into the evidence!

The first part comes from the Trans-Atlantic Consumer Dialogue (at http://www.consumersinternational.org/media/1396104/tacd-resolution-on-data-flows-in-the-transatlantic-trade-and-investmemt-partnership.pdf), an organisation not too visible, but it is loaded with high profile participants (at http://tacd.org/about-tacd/whos-who/), the PDF had nothing really new to tell me, but this part is important “The actual extent of these data collection practices, whether they were lawful, or the range of activities involving companies such as Google, Facebook, and Yahoo are still unclear. Until the new US and EU joint group of experts tasked with examining privacy in the light of the National Security Agency’s PRISM Internet data program and related disclosures makes a report to the respective governments and the public, it would be unwise for the negotiators to address data and e-commerce-related trade matters at all. The public on both sides of the Atlantic deserves a full and frank discussion of what actually transpired, and what policies or safeguards should be required as a consequence“. Even though we were confronted with the Snowden fiasco, the massive part that is kept silent is what non governments are collecting, they have been collecting data every second, of every minute of every key press you made these last few years. Data that is valued, without oversight. So ‘yes’, as I see it, the President (or the Democratic Party) is very likely getting told that with oversight, the fat checks will disappear.

This is at the heart of the matter, David Cameron (and several others) needs to keep their civilians safe, whilst as I see it, America is about the bottom dollar at the expense of everyone’s safety. Should you doubt the latter part then consider the next bit “US trade policy requires radical reform, not only to the flawed certification process, but also to the secrecy of trade negotiations in general, the lack of accountability to the public, and Fast Track proposals that insulate trade agreements even from the scrutiny of Congress itself“, which we get from Electronic Frontiers Australia. So, as we see the push for ‘free trade’, how can there be ‘free trade’ without civil liberty? It seems that in the US ‘free trade’ is synonymous with corporate trade, specifically the corporate trade of big business. So as we see that areas are drowning in corporate oversight (by the corporations), we see the term ‘civil liberties’ being cast in a voice to keep big business out of oversight. So, how does your Purina taste today Mr President?

Now the intelligent person will state, what has one thing to do with the other? How did we get from some data discussion to the TPP? This would indeed be a decent question and my answer is that it is all linked. You see, the big data collectors can only continue if it is unhindered by policy. Google’s fortune comes from the data of millions each day. So once the data starts getting holes as the rights of those from the UK, the Netherlands, Sweden, Germany and Australia are set to boundaries, the collected data will show holes, which means the value goes down by a lot. Over 30% of the internet has business, which lands roughly 40% of ALL profits in the hands of US firms. I am precise in my statement here, US Firms! Not US government or the IRS, just US firms who will syphon billions via Ireland and like-minded places where taxability is at 0.1% (or some other ridiculously low number). If this oversight changes, so will the profits dwindle to a much lower percentage, now suddenly it will be a fair game for internet companies on a global scale, which is NOT what the US wants at all.

When we consider “The prime minister adopted a harder stance on the need for big internet companies such as Facebook and Twitter to do more to cooperate with the surveillance of terror suspects“, that fear will hit many and suddenly there are more holes in the collected data, downgrading businesses, the economy and heaven forbid, the DOW Jones Index, hence kitty goes into ‘UCLA’ mode.

But many in Europe are now a lot more awake, the events in Paris did that, when an actual terror attack hits a place like Paris, people suddenly notice and their fear for their safety spring into action, which is counter-productive for these US firms (as the terror attack is not happening in the US), corporate greed takes a front seat on what needs to happen, all under the guise of ‘civil liberty’.

As the president came with “In a sign of the concern in the US at the threat posed by extremists in Europe and in Syria and Iran, the president said disfranchised Muslims were one of the greatest challenges faced by Europe. “It is important for Europe not to respond with a hammer with law enforcement,” Obama said at a press conference with Cameron as he contrasted the way in which US Muslims had integrated and regarded themselves as wholly American“, really? How did Americans react on September 12th 2001? They couldn’t get the DHS started fast enough! In addition, let’s take a look at the Guardian in 2012 (at http://www.theguardian.com/commentisfree/2012/dec/29/fbi-coordinated-crackdown-occupy), ‘Revealed: how the FBI coordinated the crackdown on Occupy‘. It seems that ‘civil liberties’ are not an issue, when profit (read: banks) are in play. If we accept the quote “The document – reproduced here in an easily searchable format – shows a terrifying network of coordinated DHS, FBI, police, regional fusion center, and private-sector activity so completely merged into one another that the monstrous whole is, in fact, one entity: in some cases, bearing a single name, the Domestic Security Alliance Council. And it reveals this merged entity to have one centrally planned, locally executed mission. The documents, in short, show the cops and DHS working for and with banks to target, arrest, and politically disable peaceful American citizens“, now apart from the Snowden issue, I regard the Guardian to be a good paper, this gives a clear view that ‘civil liberties’ is not an issue in the view of profit and in the view of those depending on thus stated profit.

So here we see the clearer view of Kitty (Oval Office) versus Tiger (10 Downing Street). David Cameron needs to get a handle on the terror fear which goes a lot further then ‘commercial interests’, he needs to actually address and deal with these fears, hence the need for data. In this matter he had to speak to the President, let’s face it, getting GCHQ to download Exabyte’s of data (whilst permission is pending), without a meeting first is just bad form. On the other hand we could ask that data set from North Korea, apparently that is where the top hackers are today (according to US officials).

 

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