Says it all, really

The Equalities Bill:

It passed through the House of Commons without debate and is currently being read in the House of Lords.

What the fuck do our politicians think they are doing (a non-party political insult, here)? Is the draftsmanship perfect? Is there nothing in this Bill that anyone thinks shouldn't be law or could be better law (having different rules for the public and private sectors in something as basic as this doesn't necessarily strike me as the most reasonable thing) or even something that the bill has missed out (although as a libertarian, I'm not keen on extra rules, although having one Act to refer to rather than 4 or 5 and a whole bunch of Statutory Instruments isn't bad ...)

Colonies at Words

I notice that the Most Reverend Katherine Schori, Presiding Bishop of the (real) Episcopal Church in the general vicinity of Yankdom, has said something very important about the Ugandan "Bahati" bill (the obnoxious one about informing on then executing queer people - although I may have something to say about Amnesty's mouth-fart tomorrow.)

The Episcopal Church represents multiple and varied cultural contexts (the United States and 15 other nations), and as a Church we affirm that the public scapegoating of any category of persons, in any context, is anathema.

Now that, 'anathema' is a very good word. Consult your favourite dictionary for the modern usage but it fits the original meaning very well too - something being offered up to the Old Testament God of Ugandan 'Christians' and Muslims (whether we like it or not, the Muslims are actually following the dictats of their faith.)

Multicultural Hell.

Here. Nothing to say.

Someone's Missing the Point

And, to be honest, it may be me. But as the article is from the "Sunday Grauniad", it probably isn't.

The revelation has provoked outrage among human rights groups who warn that it could affect the job prospects of the innocent. They fear that whenever an employer carries out an "enhanced criminal records" check on a potential employee, the system would flag up the fact that the person had been arrested.

I have no idea whether permanently retaining records of arrests is new and we have no real insight in to the effect of spurious details appearing on Enhanced Disclosure reports (especially the super-sekret "don't tell the applicant" ones straight from the Nu-Labour "Kafka or Orwell - Let's do BOTH!" playbook.) And, we are unlikely ever too, given that the system has already been replaced by the "Independent Safeguarding Authority", which, itself, is probably on rather a short shelf life. But there is an important step missing ... Let's look!

(Liberty) "Government has fed a culture where arrest might as well be conviction, and suspicion equals guilt. In this climate, a permanent record of suspicion can seriously damage the life chances of any young person who has ever had their collar felt by the police."

...

A spokesman for the Criminal Records Bureau said: "An arrest with no further action may show up as part of an enhanced check, but the decision is made by the chief officer in each police force if they believe that the information ought to be included and that it is relevant to the application.

Hmm. Now, I am a small employer and as such have certain responsibilities when looking at applicants - and I have access to government vetting and also, in some cases, to Enhanced Disclosure rules. Now, except in cases where there is a specific ban on allowing employment (s3, s9 and Schedule 4 of the "Safeguarding Vulnerable Groups Act 2006" for example) - and that has nothing to do with records of arrest showing on an Enhanced Disclosure - you must have been placed on the relevant barred list (s2), it is up to the employer to consider the nature of the disclosure and its relevance to the employment activity.

In fact, as an Enhanced Disclosure will show up details of spent offences, it is an offence for the employer not to take the specific relevance of the offence into account when making a decision regarding employment. You would assume that if it is an offence to take in to account a conviction for an irrelevant crime, surely there must be (I know, I'm talking about the law here, not common sense) an equivalent offence - or at least civilly actionable tort - for taking in to account an arrest, suspicion or disclosed intelligence regarding a similarly irrelevant crime (assuming for the sake of argument that any crime had actually been committed - whether by the job applicant or anybody else.)

Or am I missing something?

Rt Rev Venner - Right or Wrong?

The Right Reverend Stephen Venner, Bishop to the Armed Forces (and apparently also Bishop of for the Falkland Islands), has been widely condemned for apparently stating, amongst other things:

The Taliban can perhaps be admired for their conviction to their faith and their sense of loyalty to each other.

Clearly, in the storm of protest (including from an MP from the anti-war, anti-army, anti-pretty much everything ilLib Dims accusing him of "giving comfort and succour to the enemy") it was an impolitic thing to do - and, despite his apology (which has itself been attacked), he is going to be pretty much on the defensive for some time and has probably done his reputation permanent (hopefully not terminal) harm.

But was what he said wrong? I don't think that it is clear cut. Yes, some of the Taliban are fighting for money, some are fighting to keep evil crusaders out of the Dar-al-Islam, some just are fighting to keep outsiders^* away from their mountain / village / compound / poppy field, etc. However, regardless of the motivation, it is axiomatic that you should not underestimate your enemy and, since before the "Art of War" went beta, that a good commander will try to understand the enemy - capabilities and motivations, strengths and weaknesses. The religious faith or even fervour of the Taliban is an important consideration in understanding them.

And, as I was composing this, Bruce Schneier's monthly Cryptogram brought my attention to this article. It is also axiomatic, particularly amongst retired sergeants, that sergeants run the army. I would disagree slightly - it is the core component of experienced soldiers, many of whom are, indeed, sergeants but some will also be your experienced captains and majors - anyway, different discussion. One of the implications of the report is that the equivalent of the sergeants within the terrorist cells are chosen by the old Soviet system (selected on joining for some combination of brains, political or religious orthodoxy, hereditary or simple nepotism etc) rather than the Western (since the time of the Roman legions) version stressing actual (combat or otherwise) experience. Bodes ill for your ability to learn from your mistakes (even if your successes don't blow you up!)

* Not just Brits, Yanks or even Russians but also those Kabul townies who've never chased a goat around a mountain.

This says something about Blair

Apropos of a BBC News sidebar article - Seb Coe does not plan to return to politics, we learn this:

And the former athlete provided an insight into the moments shortly before London was named as Olympic host at the 2005 International Olympic Committee session in Singapore.

Lord Coe revealed he was called on his mobile phone by the then prime minister Tony Blair, who appeared unable to understand the result would be kept secret until the announcement.

"He couldn't actually understand, somehow, that we didn't actually know, that there were no exit polls here. We didn't know the result," recalled the peer.

I think he is being too polite - it had nothing to do with exit polls, Blair simply could not understand that the news hadn't been given (not, not 'leaked') to the important people (i.e. him) well before the proles were allowed to know.

I'm not sure this is right.

Mr Roger Day has been arrested, by Warwickshire Police, for an offence under s197 of the Army Act 1955, being that on the 8th November this year, he did march down Bedworth High Street wearing a bunch of medals to which he clearly was not entitled.

Some people are quite surprised by this. Some people think it is, or should be^*, a reprehensible crime. I would quite like to see the stocks brought back and would be willing to travel to Bedworth and supply the local urchins with rotten fruit and out-of-date eggs.

Anyway, this deluded old fool (assuming he isn't a fraudster - in which case England has a perfectly good Fraud Act 2006 to wield) has done something objectionable (but no more so than playing rap music in public, for example), and has been arrested.

I bring to your notice Schedule 17 of the Armed Forces Act 2006 (Repeals and Revocations):

Army Act 1955 (3 & 4 Eliz. 2 c. 18) The whole Act.

The MOD announced, in a Defence Internal Brief that "The Armed Forces Act 2006 will come into force on 31 October 2009" - I assume there is another enabling Statutory Instrument (there were 4 already by the end of March 09). There is no equivalent of the s197 offence in the new act.

? Or maybe Warwickshire are operating in a little time warp?

* Disclaimer - I know Adam - for a very weak (aka internet) definition of "know".

Trust Me, I'm From the Government

The government, today, released its whitewash (or, as they have it "investigation") report into the Joseph Rowntree Trust's report into the Database State.

Highlights for you:

• "The methodology underpinning its judgements is opaque and inadequately substantiated" - but somewhat less so than the methodology by which you bunch of bastards committed us to war in Iraq, for example ... Or the Civil Contingencies Act. Or, to take a more recent example, the Digital Economy Bill.
  
• We passed a law so it's legal (despite the requirements of HRA98 and the DPA and, since Lisbon, of the absolutely overriding nature of EU law.) - "This has always been the purpose of the Register since the Identity Cards Bill was brought to Parliament in 2005. The Register will hold, as specified under the Identity Cards Act 2006 ..."
• Passwords - the ultimate in security: "a highly restricted password-protected electronic system, with both server and network access restrictions"

I don't generally agree with the JRRT on poverty, I do generally agree with them on prison reform, and the "Database State" report has an heavy and honest pedigree for its authors and its production. Choose who you believe - a New Labour place-man or this lot:

About the Authors

Ross Anderson chairs the Foundation for Information Policy Research. He is Professor of Security Engineering at Cambridge University, a Fellow of the IET and the IMA, and a pioneer of the economics of information security.

Ian Brown is a senior research fellow at the Oxford Internet Institute, with a PhD in information security. He is a member of the Advisory Council and a former Director of the Foundation for Information Policy Research.

Terri Dowty is Director of Action on Rights for Children. She has many years’ experience in education and children’s human rights. She sits on the Advisory Council of the Foundation for Information Policy Research.

William Heath chairs Open Rights Group and two new start-ups: Mydex CIC and Ctrl-Shift Ltd. He founded the public-sector IT research business Kable, now part of Guardian News & Media. He also sits on the Advisory Council of the Foundation for Information Policy Research.

Philip Inglesant is a postdoctoral researcher at University College London specialising in the human aspects of information systems and e-government.

Angela Sasse is Professor of Human Centred Systems at University College London, specialising in how to design and implement novel technologies that are fit for purpose and that benefit individuals and society. She is also a member of the Advisory Council of the Foundation for Information Policy Research.

Disclaimer - I am a member of FIPR, although not of the eminence to be on their Advisory Council.

It Isn't Even Irony

A New Labour apparatchik quoting 1984 to justify the surveillance state:

In 1984, ‘Newspeak’ is a vital weapon for the totalitarian state precisely because it removes nuance. ‘The whole aim of Newspeak’, Syme tells Winston, ‘is to narrow the range of thought’.

Government must take its share of the blame for this failure of discourse. Too often, we have been overly defensive and dismissive of criticism. Government believes it is acting benignly and legally and has not adequately recognised the fears of those who believe this is not the case.

21st Century Love

Apparently, according to young Master S-E, is Mrs S-E and I watering the plants in each others virtual pets' gardens.

He is, just, pre-puberty. He'll learn!

Meep is Murder

Sorry. Had to do it. Mr Murray (Thomas of that ilk) will now put me in detention, I'm sure.

You'd have thought that Salem would have been doing something to cast down its reputation for intolerance and basic stupidity. But no. Land of the Free and all that.

A Thought During Yesterday's Sermon

Which I was too busy to write up yesterday afternoon or evening ...

Which is more morally or socially important? The rule of law or true justice in each and every case.

Laws are going to be unjust in edge cases - hence very limited "strict liability" and, until recently, it only applying to minor offences. And the right to trial by a jury of your peers, also now diminished. However the lack of law, or the lack of any attempt to enforce a body of laws, is likely to lead to manifest injustice in many more cases.

Habituation

I caught myself typing my Google search into the browser URL box. The worrying thing is that Virgin's DNS thief would catch the error^* and return a relevant Yahoo search box.

* - Yes, and I am anal enough to have just tested it ...

Why "Utley"? Anybody?

My Contempt Overflows

el Beeb pointed me to this article, and I thought, "Who?" Never heard of the buggers. So I went and had a wee look at their website. Oh dear. Oh dearie, dearie, dear.

Not since TerryWatch have we found an individual more worthy of our contempt. Not Broon, or Broone, or even not-el-Presidente Tony - ladies and gentlemen - may I give you the "Scumbag of the Year", Mr Andrew J (Jackass?) Crossley. A man under investigation by the Solicitors (sic) Regulation Authority and reported to the Law Society. Probably shortly to appear in Private Eye ('cause it'll be cold day in Dis before the two previous organisations finger one of their own.)

Anyway, evidence? I give you this.

Introduce fixed fines of £750.00 minimum
Introduce statutory damages of £750.00 as a minimum for each act of copyright infringement (such provision exists presently in the United States);

My, this has worked so well in the USA, hasn't it? Statutory damages completely disproportionate to the "offence" - i.e. the "civil tort". Cost of a download (so the lost revenue per 'share', assuming that there is anybody apart from the solicitor's investigator who has actually downloaded the file) call it £0.50 to £10.

ISPs to provide names of internet account holders
Make all Internet Service Providers produce, on request of a copyright owner or licensee, the identities of the account holders of the internet connection used for illegal file sharing of their copyrighted material. The cost of producing such information would be met by the copyright owner requesting it;

I see the problem - "the identities of the account holders of the internet connection used for illegal file sharing of their copyrighted material." There's an 'alleged' missing from that tripe. Or, you could say, 'accused'. Or, as we have seen, an accurate version would be 'completely innocent of the charges of".

Strict liability for internet account holders
Make the account holder of the internet connection strictly liable for infringements where their connection was used for illegal file sharing

Another fucking great idea from the pontificator of dumb. The victims of a putative offence (malware) become strictly liable for the actions of the criminal? Anyway, does "strict liability" exist as a concept within English civil, as opposed to criminal which even if 'guilty' does not involve the people he is after.

Simplify the court process
Streamline, simplify and speed up the court process of a copyright owner applying for the identities of the account holders from ISPs (this is presently a complex and time-consuming procedure)

Can't actually argue with this. Of course, I would suggest that the process is simplified by having the judge issuing the warrant examine the evidence provided by the accusers well, for evidence, as opposed to mere supposition.

Standardise letters of claim and court documents
Secure approval and consensus for standard-form letters, documents and claims making the process of notification and prosecution of an identified infringement clear and easy to understand, with the presumption of innocence until guilt is proven.

Yes. Okay. Now for our nursery school class in the use of word-processor templates ... And, I would note this threatening bollocks - his business model is all about avoiding getting to "guilt is proven" - he wants people to be forced by the cost model into falsely admitting guilt.

I would note that the fact that this cretin is chasing people who are alleged to have copied porn bears not upon my disregard in any way.

Ed notes: My client wishes it to be known that he considers the use of peer-to-peer file sharing an utter obscenity and anybody with such software loaded should be condemned to a life term using an Amstrad CPC 464. After all, that's what alt.binary was invented for!

Discussing the Iraq Inquiry

"Well, if you start selecting Sir Humphrey for political reliability rather than sheer devious mendacity ..."

A Fail. A Spectacular Fail.

H/t to "The Register".

A couple of bunches of Swiss interfering busybodies seem to think that the Geneva Conventions and Protocols and the Hague Conventions (basically, war crimes stuff) should be enforced in computer games.

Games!

Now, aside from the concern that they should be bothering with enforcing international humanitarian law on people who will bomb crowded market places, decapitate people on video, rape women as "ethnic cleansing" etc etc - and keep a careful watch on the armies of the Western democracies to ensure that we do keep to our professed high standards (as we know, the answer to this is 'not always'), what part of 'game' do they fail to understand.

Next they will be expecting people to run out of bullets at non-dramatic moments in movies, people to fall when hit, and the general bansturbation of all forms of 'artistic licence'.

Sorry, that is just so pathetic that I have had to stop work to rant!

Oh, and the grown-up equivalents of these games that we use for training? Yes, they go give you minus points (and / or a severe bollocking) for shooting civilians.

Climate Change & 'Hackers' - Wow!

Oh, I've been pretty much without internet all weekend and dependant on the newspapers for information. And I got up rather late today, so didn't read the blogs until after work. And there was nothing obvious on the BBC^*,.

That'll teach me.

Just go here or here (which you'll have already read anyway, yes?) and ignore me.

This is probably the biggest story both in real-world international impact (unless Obama has nuked Russia and I simply haven't noticed being too busy working) and, assuming the hacking innuendo is true, information security terms ever.

* Yes, okay, there is a "UK climate unit's e-mails hacked " story - not a "hacked emails may show all global warming is complete bollocks" story. And the top environmental stories in presentation are from the classic BBC mould:

• East Antarctica 'is losing ice'
• State leaders boost to Copenhagen
• Carbon credit: Are children's futures going up in smoke?

&

• Earth Watch: Korean model for Obama as Copenhagen looms

As well as the complete non-story "Giraffes use 'supercharged' heart". Err, "duh"!

iPhone Worm

Live on T-Mobile apparently and only affects (because it isn't an Apple approved application) "jailbroken" iPhones.

Register report here, as found by the good guys at XS4ALL, who did so much great work on the Toxbot botnet.

Now, it would take somebody even more evilly cynical than me to suggest that a meticulous and comprehensive code analysis will show up a Cupertino, CA copyright attribution. :D

Update: BBC News report now up, crediting F-Secure.

A second worm to hit the iPhone has been unearthed by security company F-Secure.

F-Secure, on the other hand, merely claim to have received a sample of the malware and, themselves, credit the nice Mr McIntyre at, guess who, XS4ALL. Well done, BBC, especially for your totally unsubstantiated claim that changing your iPhone wallpaper to a photo of Rick Astley is "harmless". Have you never heard of PTSD?

Correlation or Causation?

I have just noticed, apropos of (actually not, deleting it through what is either cowardice or good sense) posting on a regularly frequented message board, that I seem to get more right-wing the further down that glass of whisky I get.

Is it because right wingery appeals to simpler minds? (In which case, please explain Ritchie Murphy) In vino (okay, in ordi) veritas?

I'd note that the libertarian / authoritarian axis appears to be alcohol insoluble.

I know this is a scam

Apart from just engaging me in dialogue and social engineering from there, does anybody know what the hook in this is (okay, it claims to be female so it might be sex but ...)

from Elena
to inoa**owk@yahoo.com (Ed notes: Not me, honest)
date 15 November 2009 19:03
subject Hi

Hi,

My name is Elena, I'm 32 year and I writing you from Russian province. I working in local bibliotheca and I permitted to use computer afterwards work if possible. Our position is very difficult and I decided to write you this desperate letter.

I have daughter Anghelina, she has 8 years old, her father abandoned us and we inhabit with my mother.

Due to serious crisis recently my mother lost job (market where she was used to work has been closed) and our situation became horrible.

Gas and electricity cost a lot in our city and we unable use it to heat our home anymore.

Wintertime is coming and weather becom colder every day. We are disturbed and we can not suppose what to do.

Only possible way for us to heating our home is to use transferable wood-firing oven which give heat with burning wood (fire). We have plenty wood in our administrative district and this oven will heatin our home complete all winter with minimal price.

The trouble is that we cannot purchase this oven in our market because it cost 8120 rouble (equivalent of 191 Euro) and we cannot collect too much money.

May be you have any old transportable wood-firing oven and if you finished to use it, we will be very glad if you could gift it for us and organize transportation of this oven to our address (170 km from Moscow). That oven may be different and weight 100-150kg.

I hope to hear from you back.

Elena, my daughter and my mother.
Russie

Now, if I had a wood burning stove (she wants a stove not an oven), it would be in my library. And if anybody knows where you can get a decent wood-burning stove for €191, would they please tell Mrs S-E 'cause we're after one? For the library. Don't send us one, especially to Moscow. An internet purchasing link would be fine.