Posts tagged ‘law’


Time to stop entertaining advertorial enquiries from Gmail

04.06.2021

Last month, I Tweeted that I would stop replying to advertorial queries sent to us from Gmail, since over 99 per cent of them result in no deal whatsoever. In fact, that 99 is an underestimate.
   One of the early (say mid-1990s to the mid-2000s) rules of the ’net was that if you didn’t have a custom domain, and were relying on the likes of Hotmail or AOL, then you instantly lacked credibility when approaching another business. But as Gmail became ubiquitous, that rule was no longer that important for us, especially since some of our own team opted to use their Gmails and have their work addresses forward to them. I’ve always been one to go with the flow when it came to my colleagues, so if they were using Gmail more, then who was I to be so negative against others approaching us doing the same?
   Except for sanity. Of course I’ll still read emails from Gmail but since I get numerous advertorial enquiries every day, then you have to draw the line somewhere. You might say that I’ve waited too long to do this as the 99 per cent sample was taken over years. But past behaviour does show I tend to stick at something for longer than many people.
   I’m also surprised at how many of these enquirers want us to ignore New Zealand law, and to have advertorials not marked as such. I’m not in the business of publishing sales’ catalogues, or a sales’ catalogue masquerading as a magazine, so advertorials are marked as promotional material in some way. So even if they get past first base, they usually fall at the second.

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Posted in business, internet, media, publishing | 1 Comment »


Facebook goes even more pro-bot with change in group policy

02.06.2021

Why are there antitrust or monopoly laws? Why is the usual interpretation of the Chicago School really, really bad for the United States? Umair Haque’s latest post spells it out pretty well, in my opinion.
   Just an idea: let’s not import any of their dangerous ideas into our society, or allow their ever-growing giants to get more of a foothold in our country (and not pay tax here either). Because we have a tendency to kiss their arses sometimes. Just ask Kim Dotcom. Things like their legal precedents are still persuasive here, and with how different their priorities are, we need to place even less weight on them. Let’s not forget the rules we play by here, and that means whomever enters this market has to play by the same.


Speaking of daft decisions on the other side of the Pacific by dishonest parties who have got too big due to what amounts to lawlessness, Facebook has removed the requirement for users to answer questions when they join a public group. These questions were our way of safeguarding the one public group I still look after there, and over 99 per cent of users (no exaggeration; if anything, an underestimate) who attempted to join were bots. I define bots as including any legitimate account running bot software, which I thought was against Facebook’s T&Cs, but not in practice. I still report a lot of them, though unlike 2014 I won’t do them all. I just can’t report thousands that I might see on a single visit.
   I can imagine why Facebook has done this. This way Facebook hides the number of bots from group moderators (as if we hadn’t known of their problems for the good part of a decade), and protects the bots as they continue their activity across the platform. This will encourage even more bots, and as I identified in an earlier post, I see more bots than humans these days on there (and I’m not even a regular user).
   I knew they were liars and shysters so I imagine this is in keeping with that. Cover up just how badly compromised the platform is by bots.
   I haven’t seen much on this change in Facebook group policy, but as changes go, this has to be the most anti-human, pro-bot move they have made in 17 years. No one ever demanded more rights for bots, but here’s Facebook giving it to them.

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Posted in business, culture, internet, New Zealand, politics, technology, USA | 2 Comments »


It’s not hard writing clear terms and conditions

25.03.2021

We’ve had a ‘Highlights’ section in our T&Cs for a while, but today I thought I’d take another look at them. Without reading them again, I drafted these:

• We don’t know anything about you unless you tell us.
• When you do tell us stuff (like signing up with your email address) we store that offline, not on the cloud.
• When you comment on our sites, we don’t see your IP address.
• The businesses we work with might get data on you without us knowing because we’ve used their programs. But we’ve tried to work with companies in countries with stricter data laws, e.g. our feedback forms are with Aida in Germany.
• We have ads on our sites, and they might pick up info about you. We recommend you opt out of ad networks setting cookies on your system through Aboutads.info and related services.

   The law degree kicks in and I wasn’t quite able to replace the existing ones, but hopefully the final highlights suffice (links removed here, but they are on the page):

• We don’t know anything about you unless you tell us.
• When you tell us stuff (like signing up with your email address) we ultimately store that offline, not on the cloud.
• When you comment on our sites, we don’t see your IP address.
• We don’t have a Google Analytics account so we don’t collect stuff on our sites for that.
• However, the businesses we work with might get data on you without us knowing because we’ve used their programs or plug-ins. We’ve tried to work with companies in countries with stricter data laws, e.g. our feedback forms are with Aida in Germany.
• We have ads on some of our sites, and they might pick up info about you (e.g. through cookies). They don’t share this info with us. We recommend you opt out of ad networks setting cookies on your system (for example, click here, here or here). We also recommend you opt out of Google Analytics tracking you.
• More details are below.

   While there are more bollocks below these on the page, covering our arses in various situations, including historical ones, fundamentally the above is what we follow.
   We used to have a record of IP addresses and we never did a thing with them, and when our servers were rejigged in 2013, we stopped collecting them. I’m sure some plug-ins on the sites know what they are, and they’re bound to be in the logs, but no one here has the time to look at them. I don’t think anyone’s peered that those logs (save for debugging) for over two decades.
   Anyone who’s read this blog knows why I don’t have a Google Analytics account, and long may it remain that way. I seem to recall finding a way to make sure I could never access that part of the Google Dashboard when I was granted access to Medinge’s analytics. We’ve none of our own.
   I do know what pages are popular on the sites but that’s from aggregated data. And frankly, that’s all I need to know.
   It’s really how I expect to be treated by others and it’s not that hard to do this online. Who needs complicated T&Cs which even the company can’t follow? Strip away the jargon, and both you and we win.

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Posted in business, internet, technology | No Comments »


Like communist dictatorships, Google and Facebook threaten Australia

23.01.2021

You know the US tech giants have way too much power, unencumbered by their own government and their own country’s laws, when they think they can strong-arm another nation.
   From Reuter:

Alphabet Inc’s Google said on Friday it would block its search engine in Australia if the government proceeds with a new code that would force it and Facebook Inc to pay media companies for the right to use their content.

   Fine, then piss off. If Australia wants to enact laws that you can’t operate with, because you’re used to getting your own way and don’t like sharing the US$40,000 million you’ve made each year off the backs of others’ hard work, then just go. I’ve always said people would find alternatives to Google services in less than 24 hours, and while I appreciate its index is larger and it handles search terms well, the spying and the monopolistic tactics are not a worthwhile trade-off.
   I know Google supporters are saying that the Australian policy favours the Murdoch Press, and I agree that the bar that the ACCC (Australian Competition and Consumer Commission) has set for what qualifies as a media business (revenues of over A$150,000 per annum) is too high. So it isn’t perfect.
   The fact Google has made a deal in France suggests it is possible, when the giant doesn’t whine so damned much.
   Plus, Google and Facebook have been dangerous to democracy, and should have done more for years to address these issues. They’ve allowed a power imbalance for the sake of their own profits, so paying for news—effectively a licensing payment that the rest of us would have to fork out—at least puts a value on it, given how it benefits the two sites. No search? Fine, let’s have more ethical actors reap the rewards of fairer, “unbubbled” searches, because at least there would be a societal benefit from it, and since they aren’t cashing in on the media’s work, I’m happy for them to get a free licence to republish. Right now I don’t believe the likes of Duck Duck Go are dominant enough (far from it) to raise the attention of Australian regulators.
   Facebook’s reaction has been similar: they would block Australians from sharing links to news. Again, not a bad idea; maybe people will stop using a platform used to incite hate and violence to get their bubbled news items. Facebook, please go ahead and carry out your threat. If it cuts down on people using your site—or, indeed, returns them to using it for the original purpose most of us signed up for, which was to keep in touch with friends—then we all win. (Not that I’d be back for anything but the limited set of activities I do today. Zuck’s rich enough.)
   A statement provided to me and other members of the media from the Open Markets Institute’s executive director Barry Lynn reads:

Today Google and Facebook proved in dramatic fashion that they pose existential threats to the world’s democracies. The two corporations are exploiting their monopoly control over essential communications to extort, bully, and cow a free people. In doing so, Google and Facebook are acting similarly to China, which in recent months has used trade embargoes to punish Australians for standing up for democratic values and open fact-based debate. These autocratic actions show why Americans across the political spectrum must work together to break the power that Google, Facebook, and Amazon wield over our news and communications, and over our political debate. They show why citizens of all democracies must work together to build a communications infrastructure safe for all democracies in the 21st Century.

   Considering Google had worked on a search engine that would comply with Communist Chinese censorship, and Facebook has been a tool to incite genocide, then the comparison to a non-democratic country is valid.
   So, I say to these Big Tech players, pull out. This is the best tech “disruption” we can hope for. You’re both heading into irrelevance, and Australia has had the balls to do what your home country—from which you offshore a great deal of your money—cannot, for all the lobbyists you employ. You favour big firms over independents, and the once level playing field that existed on the internet has been worsened by you. The Silicon Valley spirit, of entrepreneurship, born of the counterculture, needs to return, and right now you’re both standing in the way: you are “the man”, suppressing entrepreneurial activity, reducing employment, and splitting people apart—just what dictatorial régimes do.
   As an aside, the EU is also cracking down on Big Tech as it invites the CEOs of Amazon, Apple, Facebook and Alphabet (Google’s parent company) to a February 1 hearing. They’ve bled people for long enough and it’s time for some pushback.

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Posted in business, China, culture, internet, media, politics, publishing, technology, USA | 1 Comment »


This was the natural outcome of greed, in the forms of monopoly power and sensationalist media

11.01.2021

I did indeed write in the wake of January 6, and the lengthy op–ed appears in Lucire, quoting Emily Ratajkowski, Glenn Greenwald and Edward Snowden. I didn’t take any pleasure in what happened Stateside and Ratajkowski actually inspired the post after a Twitter contact of mine quoted her. This was after President Donald Trump was taken off Facebook, Twitter, and YouTube.
   The points I make there are probably familiar to any of you, my blog readers, pointing at the dangers of tech monopolies, the double standards that they’ve employed, and the likely scenario of how the pendulum could swing the other way on a whim because another group is flavour of the month. We’ve seen how the US has swung one way and the other depending on the prevailing winds, and Facebook’s and Twitter’s positions, not to mention Amazon’s and Google’s, seem reactionary and insincere when they have had their terms and conditions in place for some time.
   Today, I was interested to see Chancellor Dr Angela Merkel, referred to by not a few as the leader of the free world, concerned at the developments, as was President López Obrador of México. ‘German Chancellor Angela Merkel objected to the decisions, saying on Monday that lawmakers should set the rules governing free speech and not private technology companies,’ reported Bloomberg, adding, ‘Europe is increasingly pushing back against the growing influence of big technology companies. The EU is currently in the process of setting up regulation that could give the bloc power to split up platforms if they don’t comply with rules.’
   The former quotation wasn’t precisely my point but the latter is certainly linked. These tech giants are the creation of the US, by both Democratic and Republican lawmakers, and their institutions, every bit as Trump was a creation of the US media, from Fox to MSNBC.
   They are natural outcomes of where things wind up when monopoly power is allowed to gather and laws against it are circumvented or unenforced; and what happens when news networks sell spectacle over substance in order to hold your attention. One can only hope these are corrected for the sake of all, not just one side of the political spectrum, since freedom—actual freedom—depends on them, at least until we gain the civility and education to regulate ourselves, the Confucian ideal. Everything about this situation suggests we are nowhere near being capable, and I wonder if homo sapiens will get there or whether we’ll need to evolve into another species before we do.

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Posted in business, culture, internet, leadership, media, politics, technology, USA | 1 Comment »


The US, where big business (and others) can lie with impunity

31.12.2020

One thing about not posting to NewTumbl is I’ve nowhere convenient to put quotations I’ve found. Maybe they have to go here as well. Back when I started this blog in 2006—15 years ago, since it was in January—I did make some very short posts, so it’s not out of keeping. (I realize the timestamp is in GMT, but it’s coming up to midday on January 1, 2021 here.)
   Here’s one from Robert Reich, and I think for the most part US readers will agree, regardless of their political stripes.

In 2008, Wall Street nearly destroyed the economy. The Street got bailed out while millions of Americans lost their jobs, savings, and homes. Yet not no major Wall Street executive ever went to jail.
   In more recent years, top executives of Purdue Pharmaceuticals, along with the Sackler family, knew the dangers of OxyContin but did nothing. Executives at Wells Fargo Bank pushed bank employees to defraud customers. Executives at Boeing hid the results of tests showing its 737 Max Jetliner was unsafe. Police chiefs across America looked the other way as police under their command repeatedly killed innocent Black Americans.
   Yet here, too, those responsible have got away with it.

   I did offer these quotations with little or no commentary at NewTumbl and Tumblr.
   What came up with the above was a Twitter exchange with a netizen in the US, and how some places still touted three- to four-day shipping times when I argued that it was obvious—especially if you had been looking at the COVID positivity rates that their government officials relied on—that these were BS. And that Amazon (revenue exceeding US$100 milliard in the fourth quarter of 2020) and Apple (profit at c. US$100 milliard for the 12 months ending September 30) might just be rich enough to hire an employee to do the calculations and correlate them with delays—we are not talking particularly complicated maths here, and we have had a lot of 2020 data to go on. But they would rather save a few bob and lie to consumers: it’s a choice they have made.
   The conclusion I sadly had to draw was that businesses there can lie with impunity, because they’ve observed that there are no real consequences. The famous examples are all too clear from Reich’s quotation, where the people get a raw deal—even losing their lives.

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Old-school Brexit

29.12.2020

I was led by this Tweet to have a peek at the Draft EU–UK Trade Cooperation Agreement and can confirm that on p. 931 (not p. 921), under ‘Protocols and Standards to be used for encryption mechanism: s/MIME and related packages’, there is this:

The text:

The underlying certificate used by the s/MIME mechanism has to be in compliance with X.509 standard. In order to ensure common standards and procedures with other Prüm applications, the processing rules for s/MIME encryption operations or to be applied under various Commercial Product of the Shelves (COTS) environments, are as follows:

– the sequence of the operations is: first encryption and then signing,
– the encryption algorithm AES (Advanced Encryption Standard) with 256 bit key length and RSA with 1024 bit key length shall be applied for symmetric and asymmetric encryption respectively,
– the hash algorithm SHA-1 shall be applied.

s/MIME functionality is built into the vast majority of modern e-mail software packages including Outlook, Mozilla Mail as well as Netscape Communicator 4.x and inter-operates among all major email software packages.

   Two things have always puzzled me about the UK’s approach to getting some sort of a deal with the EU.
   There are two Davids, Davis and Frost, no relation to the TV producer and TV host. As far as I can tell, despite knowing that the transition period would end on January 1, 2021, failed to do anything toward advancing a deal with the EU, so that the British people know there are new rules, but not what they are. The British taxpayer would be right to question just what their pounds have been doing.
   If I may use an analogy: there’s an exam and the set date was given but no one has done any swotting. Messrs Davis and Frost haven’t even done the coursework and sat in the lectures and tutorials blankly.
   The person who has done the least is Alexander Boris de Pfeffel Johnson, the British prime minister, who stumbled in to the exam room at the last minute without knowing the subject.
   But never mind, sneaked into the room with his clobber is an earlier graduate’s paper! Surely he can plagiarize some of the answers out of that should the same questions arise!
   I don’t know much about SHA-1 hash algorithms but the original Tweeter informs us that this had been ‘deprecated in 2011’ as insecure. However, I can cast my mind back to when ‘Netscape Communicator 4.x’ was my browser of choice, and that was 1998–2001. (I stuck with Netscape 4·7 for a long time, as 6 was too buggy, and in 2001 a friend gave me a copy of Internet Explorer 5, which I then used in Windows. This pre-dates this blog, hence Netscape is not even a tag here.)
   This is a comedy–tragedy from the land of Shakespeare, and I wonder if it means that the British government is expecting things to get so bad that they will have to wind up using computer software from 20 years ago.
   Or they just couldn’t be arsed over the last four years (yes, count ’em!) to do any real work, and hoped that no one would read the 1,259 pp. to find the mistakes.
   To conclude, another bad analogy: it’s not really oven-ready despite all this time baking. However, it appears the ingredients aren’t as fresh as we were led to believe. The proof of the pudding will be in the eating.

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Posted in politics, technology, UK | No Comments »


Facebook leaves up over 95 per cent of hate speech; ‘embarrassing to work here,’ says ex-staffer

16.12.2020

Buzzfeed’s article, on departing Facebook staff who write ‘badge posts’, wasn’t a surprise; what was a greater surprise was just how long it took for such news to surface.
   Badge posts are traditional farewell notes at Facebook, and not everyone has had rosy things to say. One wrote, ‘With so many internal forces propping up the production of hateful and violent content, the task of stopping hate and violence on Facebook starts to feel even more sisyphean than it already is … It also makes it embarrassing to work here’ (original emphasis).
   Buzzfeed noted, ‘More stunning, they estimated using the company’s own figures that, even with artificial intelligence and third-party moderators, the company was “deleting less than 5% of all of the hate speech posted to Facebook,”’ a claim that Facebook disputes, despite its points having already been addressed in the badge post:

   The rest is worth reading here.
   Meanwhile, this Twitter thread from Cory Doctorow, sums up a lot of my feelings and has supporting links, and it is where I found the above. Highlights:

   I realize US conservatives feel they are hard done by with Facebook, but I know plenty of liberals who feel the same, and who’ve had posts censored. Even if Silicon Valley leans left, Facebook’s management doesn’t, so I’d go so far as to say right-wing views get more airtime there than left-wing (actually, also right-wing by anyone else’s standards) ones. On Facebook itself, during the few times I visit, I actually see very few conservatives who have complained of having their posts deleted or censored.
   That isn’t a reason to shut it down or to break it up, but misinformation, regardless of whom it supports is. Inciting genocide is. Allowing posts to remain that influence someone to commit murder is. Facebook has proved over 15 years-plus that it has no desire to do the right thing, in which case it may well be time for others to step in to do it for them.

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Why con?

07.12.2020

During the course of the 2010s, I came across two con artists. One thing that united them was they were men. But they could not have been more different: one was rather elaborate and was the subject of a Panorama documentary; the other was a rank amateur and, at least in the situation we were in, never fooled us.
   I won’t name them as I’ve no wish to add to their notoriety, but here’s the real kicker: both had the means to do well legitimately if they each followed through honestly.
   The first one was clever enough to rope in people from very different parts, essentially setting up a publishing operation. But it was a swindle, and people were left in debt and jobless.
   However, if it had been legit, it would have actually done quite well, and if the con artist’s aim was money, then he would have made some, over a long period, which would have sustained him and his lifestyle.
   The second was not clever but came to a business partner of mine with a proposal to become a shareholder. We heard him out, he proposed an amount, and we drafted a cast-iron contract that could see him get a return on his investment, and protect the original principal. The money never came, of course, and we weren’t going to alter the share register without it. He might have hoped that we would.
   Again, he would have got something from it. Maybe not as good a return as property but better than the bank.
   The first is now serving time at Her Majesty’s pleasure after things caught up with him and he was extradited to where he had executed an earlier con; the second, after having had his face in the Sunday Star–Times, was last heard from in Australia where he conned his own relatives. He’s wanted by the police here.
   I don’t know where the gratification is here. And rationally, leaving honesty and morals aside (as they do), wouldn’t it be better making money regularly than swindling for a quick fix that nets you less? Is it down to laziness, making them less desirous to follow through?
   On the first case, I did have the occasion to speak to one lawyer pursuing him. I asked him about my case, since my financial loss was relatively small compared to the others taken in (namely a FedEx bill that a friend of mine helped me get a decent discount on because of her job). Where’s the con? I was told that it might not have been apparent as the con artist’s MO was to draw different strands, sometimes having them result in something, and sometimes not.
   Whatever the technique, it failed him anyway.
   And what a waste of all that energy to create something that not only looked legit (as in the TV series Hustle) but could have functioned legitimately with so many good people involved.
   That did make the 2010s rather better than the 2000s when the shady characters included a pædophile (who, to my knowledge, is also doing time), a sociopath, a forger, and a US fashion label that conned a big shipment’s payment out of us. I doubt I’d be famous enough to warrant a biography but they would make interesting stories!

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Medinge Group at Dutch Design Week: the contribution from Aotearoa New Zealand

19.10.2020

My partner Amanda and I are part of Medinge’s presence at Dutch Design Week this year.
   Since Medinge couldn’t celebrate our 20th anniversary due to COVID-19, some of our Dutch members, helped by many others, took the opportunity to get us into the event, which is virtual this year.
   We had done a lot of work on Generation Co earlier in 2020, thanks to a load of Zoom meetings and emails. This takes things even further, but builds on it.
   The programme can be found here, and is titled ‘Putting the Planet First: a New Orientation’.
   The description: ‘Instead of thinking about the 3Ps—your challenge is to adopt a new perspective. Always put Planet first. Then people. Then profit.’
   After signing up for free, you can head into our virtual rooms.
   From the page: ‘Only 21/10/2020, 10:00–13:00 lectures and livestreams from members of the Medinge Think Tank: a group of brand experts and visionaries from around the world whose purpose is to influence business to become more humane and conscious in order to help humanity progress and prosper. With international speakers who have worked on these rights and bring in the perspective from indigenous people who co-exist with the rivers.’
   On Tuesday the 21st at 10 a.m. CET is Amanda’s presentation on the Whanganui River, which was given the rights of a legal person in legislation enacted in March 2017.
   Amanda worked at the Office of Treaty Settlements at the time, so this is really her talk. I just set the laptop on the table, with a microphone generously lent to me by my friend Brenda Wallace. Then I edited it in video-editing software with all the skill of an amateur.
   But that’s the year of COVID-19 for you.
   The way the talk came about was in discussion in 2019 with my colleagues at Medinge Group. The concept of legal rights on natural resources and indigenous rights came up, as did the case of the Whanganui River, which is known beyond our shores.
   They had no idea Amanda worked on it, and proudly I mentioned her role.
   From then on she was part of the programme, and it all came together last Friday.
   In the talk, you’ll see me on a much lower chair than her, propped up by a bag of rice that slowly sags as the recording wears on.
   There’s only so much furniture at her Dad’s studio but it was the most comfortable place we could think of for the filming.
   More important are the contents of her talk, which I thoroughly recommend. She worked really hard on the responses over a few weeks to make sure it was thoroughly rigorous.
   It’s followed by a talk from my good friend and colleague Sudhir John Horo. Pop over, it’s going to be a really eventful day in virtual Eindhoven.

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Posted in branding, business, culture, design, leadership, marketing, New Zealand, politics, social responsibility, Sweden, Wellington | No Comments »