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Tuesday, July 14, 2009

The English National Portrait Gallery (NPG) in London has threatened on Friday to sue a U.S. citizen, Derrick Coetzee. The legal letter followed claims that he had breached the Gallery’s copyright in several thousand photographs of works of art uploaded to the Wikimedia Commons, a free online media repository.

In a letter from their solicitors sent to Coetzee via electronic mail, the NPG asserted that it holds copyright in the photographs under U.K. law, and demanded that Coetzee provide various undertakings and remove all of the images from the site (referred to in the letter as “the Wikipedia website”).

Wikimedia Commons is a repository of free-to-use media, run by a community of volunteers from around the world, and is a sister project to Wikinews and the encyclopedia Wikipedia. Coetzee, who contributes to the Commons using the account “Dcoetzee”, had uploaded images that are free for public use under United States law, where he and the website are based. However copyright is claimed to exist in the country where the gallery is situated.

The complaint by the NPG is that under UK law, its copyright in the photographs of its portraits is being violated. While the gallery has complained to the Wikimedia Foundation for a number of years, this is the first direct threat of legal action made against an actual uploader of images. In addition to the allegation that Coetzee had violated the NPG’s copyright, they also allege that Coetzee had, by uploading thousands of images in bulk, infringed the NPG’s database right, breached a contract with the NPG; and circumvented a copyright protection mechanism on the NPG’s web site.

The copyright protection mechanism referred to is Zoomify, a product of Zoomify, Inc. of Santa Cruz, California. NPG’s solicitors stated in their letter that “Our client used the Zoomify technology to protect our client’s copyright in the high resolution images.”. Zoomify Inc. states in the Zoomify support documentation that its product is intended to make copying of images “more difficult” by breaking the image into smaller pieces and disabling the option within many web browsers to click and save images, but that they “provide Zoomify as a viewing solution and not an image security system”.

In particular, Zoomify’s website comments that while “many customers — famous museums for example” use Zoomify, in their experience a “general consensus” seems to exist that most museums are concerned with making the images in their galleries accessible to the public, rather than preventing the public from accessing them or making copies; they observe that a desire to prevent high resolution images being distributed would also imply prohibiting the sale of any posters or production of high quality printed material that could be scanned and placed online.

Other actions in the past have come directly from the NPG, rather than via solicitors. For example, several edits have been made directly to the English-language Wikipedia from the IP address 217.207.85.50, one of sixteen such IP addresses assigned to computers at the NPG by its ISP, Easynet.

In the period from August 2005 to July 2006 an individual within the NPG using that IP address acted to remove the use of several Wikimedia Commons pictures from articles in Wikipedia, including removing an image of the Chandos portrait, which the NPG has had in its possession since 1856, from Wikipedia’s biographical article on William Shakespeare.

Other actions included adding notices to the pages for images, and to the text of several articles using those images, such as the following edit to Wikipedia’s article on Catherine of Braganza and to its page for the Wikipedia Commons image of Branwell Brontë‘s portrait of his sisters:

“THIS IMAGE IS BEING USED WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER.”

“This image is copyright material and must not be reproduced in any way without permission of the copyright holder. Under current UK copyright law, there is copyright in skilfully executed photographs of ex-copyright works, such as this painting of Catherine de Braganza.

The original painting belongs to the National Portrait Gallery, London. For copies, and permission to reproduce the image, please contact the Gallery at picturelibrary@npg.org.uk or via our website at www.npg.org.uk”

Other, later, edits, made on the day that NPG’s solicitors contacted Coetzee and drawn to the NPG’s attention by Wikinews, are currently the subject of an internal investigation within the NPG.

Coetzee published the contents of the letter on Saturday July 11, the letter itself being dated the previous day. It had been sent electronically to an email address associated with his Wikimedia Commons user account. The NPG’s solicitors had mailed the letter from an account in the name “Amisquitta”. This account was blocked shortly after by a user with access to the user blocking tool, citing a long standing Wikipedia policy that the making of legal threats and creation of a hostile environment is generally inconsistent with editing access and is an inappropriate means of resolving user disputes.

The policy, initially created on Commons’ sister website in June 2004, is also intended to protect all parties involved in a legal dispute, by ensuring that their legal communications go through proper channels, and not through a wiki that is open to editing by other members of the public. It was originally formulated primarily to address legal action for libel. In October 2004 it was noted that there was “no consensus” whether legal threats related to copyright infringement would be covered but by the end of 2006 the policy had reached a consensus that such threats (as opposed to polite complaints) were not compatible with editing access while a legal matter was unresolved. Commons’ own website states that “[accounts] used primarily to create a hostile environment for another user may be blocked”.

In a further response, Gregory Maxwell, a volunteer administrator on Wikimedia Commons, made a formal request to the editorial community that Coetzee’s access to administrator tools on Commons should be revoked due to the prevailing circumstances. Maxwell noted that Coetzee “[did] not have the technically ability to permanently delete images”, but stated that Coetzee’s potential legal situation created a conflict of interest.

Sixteen minutes after Maxwell’s request, Coetzee’s “administrator” privileges were removed by a user in response to the request. Coetzee retains “administrator” privileges on the English-language Wikipedia, since none of the images exist on Wikipedia’s own website and therefore no conflict of interest exists on that site.

Legally, the central issue upon which the case depends is that copyright laws vary between countries. Under United States case law, where both the website and Coetzee are located, a photograph of a non-copyrighted two-dimensional picture (such as a very old portrait) is not capable of being copyrighted, and it may be freely distributed and used by anyone. Under UK law that point has not yet been decided, and the Gallery’s solicitors state that such photographs could potentially be subject to copyright in that country.

One major legal point upon which a case would hinge, should the NPG proceed to court, is a question of originality. The U.K.’s Copyright, Designs and Patents Act 1988 defines in ¶ 1(a) that copyright is a right that subsists in “original literary, dramatic, musical or artistic works” (emphasis added). The legal concept of originality here involves the simple origination of a work from an author, and does not include the notions of novelty or innovation that is often associated with the non-legal meaning of the word.

Whether an exact photographic reproduction of a work is an original work will be a point at issue. The NPG asserts that an exact photographic reproduction of a copyrighted work in another medium constitutes an original work, and this would be the basis for its action against Coetzee. This view has some support in U.K. case law. The decision of Walter v Lane held that exact transcriptions of speeches by journalists, in shorthand on reporter’s notepads, were original works, and thus copyrightable in themselves. The opinion by Hugh Laddie, Justice Laddie, in his book The Modern Law of Copyright, points out that photographs lie on a continuum, and that photographs can be simple copies, derivative works, or original works:

“[…] it is submitted that a person who makes a photograph merely by placing a drawing or painting on the glass of a photocopying machine and pressing the button gets no copyright at all; but he might get a copyright if he employed skill and labour in assembling the thing to be photocopied, as where he made a montage.”

Various aspects of this continuum have already been explored in the courts. Justice Neuberger, in the decision at Antiquesportfolio.com v Rodney Fitch & Co. held that a photograph of a three-dimensional object would be copyrightable if some exercise of judgement of the photographer in matters of angle, lighting, film speed, and focus were involved. That exercise would create an original work. Justice Oliver similarly held, in Interlego v Tyco Industries, that “[i]t takes great skill, judgement and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no-one would reasonably contend that the copy, painting, or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright. Skill, labour or judgement merely in the process of copying cannot confer originality.”.

In 2000 the Museums Copyright Group, a copyright lobbying group, commissioned a report and legal opinion on the implications of the Bridgeman case for the UK, which stated:

“Revenue raised from reproduction fees and licensing is vital to museums to support their primary educational and curatorial objectives. Museums also rely on copyright in photographs of works of art to protect their collections from inaccurate reproduction and captioning… as a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law”. The report concluded by advocating that “museums must continue to lobby” to protect their interests, to prevent inferior quality images of their collections being distributed, and “not least to protect a vital source of income”.

Several people and organizations in the U.K. have been awaiting a test case that directly addresses the issue of copyrightability of exact photographic reproductions of works in other media. The commonly cited legal case Bridgeman Art Library v. Corel Corp. found that there is no originality where the aim and the result is a faithful and exact reproduction of the original work. The case was heard twice in New York, once applying UK law and once applying US law. It cited the prior UK case of Interlego v Tyco Industries (1988) in which Lord Oliver stated that “Skill, labour or judgement merely in the process of copying cannot confer originality.”

“What is important about a drawing is what is visually significant and the re-drawing of an existing drawing […] does not make it an original artistic work, however much labour and skill may have gone into the process of reproduction […]”

The Interlego judgement had itself drawn upon another UK case two years earlier, Coca-Cola Go’s Applications, in which the House of Lords drew attention to the “undesirability” of plaintiffs seeking to expand intellectual property law beyond the purpose of its creation in order to create an “undeserving monopoly”. It commented on this, that “To accord an independent artistic copyright to every such reproduction would be to enable the period of artistic copyright in what is, essentially, the same work to be extended indefinitely… ”

The Bridgeman case concluded that whether under UK or US law, such reproductions of copyright-expired material were not capable of being copyrighted.

The unsuccessful plaintiff, Bridgeman Art Library, stated in 2006 in written evidence to the House of Commons Committee on Culture, Media and Sport that it was “looking for a similar test case in the U.K. or Europe to fight which would strengthen our position”.

The National Portrait Gallery is a non-departmental public body based in London England and sponsored by the Department for Culture, Media and Sport. Founded in 1856, it houses a collection of portraits of historically important and famous British people. The gallery contains more than 11,000 portraits and 7,000 light-sensitive works in its Primary Collection, 320,000 in the Reference Collection, over 200,000 pictures and negatives in the Photographs Collection and a library of around 35,000 books and manuscripts. (More on the National Portrait Gallery here)

The gallery’s solicitors are Farrer & Co LLP, of London. Farrer’s clients have notably included the British Royal Family, in a case related to extracts from letters sent by Diana, Princess of Wales which were published in a book by ex-butler Paul Burrell. (In that case, the claim was deemed unlikely to succeed, as the extracts were not likely to be in breach of copyright law.)

Farrer & Co have close ties with industry interest groups related to copyright law. Peter Wienand, Head of Intellectual Property at Farrer & Co., is a member of the Executive body of the Museums Copyright Group, which is chaired by Tom Morgan, Head of Rights and Reproductions at the National Portrait Gallery. The Museums Copyright Group acts as a lobbying organization for “the interests and activities of museums and galleries in the area of [intellectual property rights]”, which reacted strongly against the Bridgeman Art Library v. Corel Corp. case.

Wikimedia Commons is a repository of images, media, and other material free for use by anyone in the world. It is operated by a community of 21,000 active volunteers, with specialist rights such as deletion and blocking restricted to around 270 experienced users in the community (known as “administrators”) who are trusted by the community to use them to enact the wishes and policies of the community. Commons is hosted by the Wikimedia Foundation, a charitable body whose mission is to make available free knowledge and historic and other material which is legally distributable under US law. (More on Commons here)

The legal threat also sparked discussions of moral issues and issues of public policy in several Internet discussion fora, including Slashdot, over the weekend. One major public policy issue relates to how the public domain should be preserved.

Some of the public policy debate over the weekend has echoed earlier opinions presented by Kenneth Hamma, the executive director for Digital Policy at the J. Paul Getty Trust. Writing in D-Lib Magazine in November 2005, Hamma observed:

“Art museums and many other collecting institutions in this country hold a trove of public-domain works of art. These are works whose age precludes continued protection under copyright law. The works are the result of and evidence for human creativity over thousands of years, an activity museums celebrate by their very existence. For reasons that seem too frequently unexamined, many museums erect barriers that contribute to keeping quality images of public domain works out of the hands of the general public, of educators, and of the general milieu of creativity. In restricting access, art museums effectively take a stand against the creativity they otherwise celebrate. This conflict arises as a result of the widely accepted practice of asserting rights in the images that the museums make of the public domain works of art in their collections.”

He also stated:

“This resistance to free and unfettered access may well result from a seemingly well-grounded concern: many museums assume that an important part of their core business is the acquisition and management of rights in art works to maximum return on investment. That might be true in the case of the recording industry, but it should not be true for nonprofit institutions holding public domain art works; it is not even their secondary business. Indeed, restricting access seems all the more inappropriate when measured against a museum’s mission — a responsibility to provide public access. Their charitable, financial, and tax-exempt status demands such. The assertion of rights in public domain works of art — images that at their best closely replicate the values of the original work — differs in almost every way from the rights managed by the recording industry. Because museums and other similar collecting institutions are part of the private nonprofit sector, the obligation to treat assets as held in public trust should replace the for-profit goal. To do otherwise, undermines the very nature of what such institutions were created to do.”

Hamma observed in 2005 that “[w]hile examples of museums chasing down digital image miscreants are rare to non-existent, the expectation that museums might do so has had a stultifying effect on the development of digital image libraries for teaching and research.”

The NPG, which has been taking action with respect to these images since at least 2005, is a public body. It was established by Act of Parliament, the current Act being the Museums and Galleries Act 1992. In that Act, the NPG Board of Trustees is charged with maintaining “a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art”. It also has the tasks of “secur[ing] that the portraits are exhibited to the public” and “generally promot[ing] the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate”.

Several commentators have questioned how the NPG’s statutory goals align with its threat of legal action. Mike Masnick, founder of Techdirt, asked “The people who run the Gallery should be ashamed of themselves. They ought to go back and read their own mission statement[. …] How, exactly, does suing someone for getting those portraits more attention achieve that goal?” (external link Masnick’s). L. Sutherland of Bigmouthmedia asked “As the paintings of the NPG technically belong to the nation, does that mean that they should also belong to anyone that has access to a computer?”

Other public policy debates that have been sparked have included the applicability of U.K. courts, and U.K. law, to the actions of a U.S. citizen, residing in the U.S., uploading files to servers hosted in the U.S.. Two major schools of thought have emerged. Both see the issue as encroachment of one legal system upon another. But they differ as to which system is encroaching. One view is that the free culture movement is attempting to impose the values and laws of the U.S. legal system, including its case law such as Bridgeman Art Library v. Corel Corp., upon the rest of the world. Another view is that a U.K. institution is attempting to control, through legal action, the actions of a U.S. citizen on U.S. soil.

David Gerard, former Press Officer for Wikimedia UK, the U.K. chapter of the Wikimedia Foundation, which has been involved with the “Wikipedia Loves Art” contest to create free content photographs of exhibits at the Victoria and Albert Museum, stated on Slashdot that “The NPG actually acknowledges in their letter that the poster’s actions were entirely legal in America, and that they’re making a threat just because they think they can. The Wikimedia community and the WMF are absolutely on the side of these public domain images remaining in the public domain. The NPG will be getting radioactive publicity from this. Imagine the NPG being known to American tourists as somewhere that sues Americans just because it thinks it can.”

Benjamin Crowell, a physics teacher at Fullerton College in California, stated that he had received a letter from the Copyright Officer at the NPG in 2004, with respect to the picture of the portrait of Isaac Newton used in his physics textbooks, that he publishes in the U.S. under a free content copyright licence, to which he had replied with a pointer to Bridgeman Art Library v. Corel Corp..

The Wikimedia Foundation takes a similar stance. Erik Möller, the Deputy Director of the US-based Wikimedia Foundation wrote in 2008 that “we’ve consistently held that faithful reproductions of two-dimensional public domain works which are nothing more than reproductions should be considered public domain for licensing purposes”.

Contacted over the weekend, the NPG issued a statement to Wikinews:

“The National Portrait Gallery is very strongly committed to giving access to its Collection. In the past five years the Gallery has spent around £1 million digitising its Collection to make it widely available for study and enjoyment. We have so far made available on our website more than 60,000 digital images, which have attracted millions of users, and we believe this extensive programme is of great public benefit.

“The Gallery supports Wikipedia in its aim of making knowledge widely available and we would be happy for the site to use our low-resolution images, sufficient for most forms of public access, subject to safeguards. However, in March 2009 over 3000 high-resolution files were appropriated from the National Portrait Gallery website and published on Wikipedia without permission.

“The Gallery is very concerned that potential loss of licensing income from the high-resolution files threatens its ability to reinvest in its digitisation programme and so make further images available. It is one of the Gallery’s primary purposes to make as much of the Collection available as possible for the public to view.

“Digitisation involves huge costs including research, cataloguing, conservation and highly-skilled photography. Images then need to be made available on the Gallery website as part of a structured and authoritative database. To date, Wikipedia has not responded to our requests to discuss the issue and so the National Portrait Gallery has been obliged to issue a lawyer’s letter. The Gallery remains willing to enter into a dialogue with Wikipedia.

In fact, Matthew Bailey, the Gallery’s (then) Assistant Picture Library Manager, had already once been in a similar dialogue. Ryan Kaldari, an amateur photographer from Nashville, Tennessee, who also volunteers at the Wikimedia Commons, states that he was in correspondence with Bailey in October 2006. In that correspondence, according to Kaldari, he and Bailey failed to conclude any arrangement.

Jay Walsh, the Head of Communications for the Wikimedia Foundation, which hosts the Commons, called the gallery’s actions “unfortunate” in the Foundation’s statement, issued on Tuesday July 14:

“The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally. To that end, we have very productive working relationships with a number of galleries, archives, museums and libraries around the world, who join with us to make their educational materials available to the public.

“The Wikimedia Foundation does not control user behavior, nor have we reviewed every action taken by that user. Nonetheless, it is our general understanding that the user in question has behaved in accordance with our mission, with the general goal of making public domain materials available via our Wikimedia Commons project, and in accordance with applicable law.”

The Foundation added in its statement that as far as it was aware, the NPG had not attempted “constructive dialogue”, and that the volunteer community was presently discussing the matter independently.

In part, the lack of past agreement may have been because of a misunderstanding by the National Portrait Gallery of Commons and Wikipedia’s free content mandate; and of the differences between Wikipedia, the Wikimedia Foundation, the Wikimedia Commons, and the individual volunteer workers who participate on the various projects supported by the Foundation.

Like Coetzee, Ryan Kaldari is a volunteer worker who does not represent Wikipedia or the Wikimedia Commons. (Such representation is impossible. Both Wikipedia and the Commons are endeavours supported by the Wikimedia Foundation, and not organizations in themselves.) Nor, again like Coetzee, does he represent the Wikimedia Foundation.

Kaldari states that he explained the free content mandate to Bailey. Bailey had, according to copies of his messages provided by Kaldari, offered content to Wikipedia (naming as an example the photograph of John Opie‘s 1797 portrait of Mary Wollstonecraft, whose copyright term has since expired) but on condition that it not be free content, but would be subject to restrictions on its distribution that would have made it impossible to use by any of the many organizations that make use of Wikipedia articles and the Commons repository, in the way that their site-wide “usable by anyone” licences ensures.

The proposed restrictions would have also made it impossible to host the images on Wikimedia Commons. The image of the National Portrait Gallery in this article, above, is one such free content image; it was provided and uploaded to the Wikimedia Commons under the terms of the GNU Free Documentation Licence, and is thus able to be used and republished not only on Wikipedia but also on Wikinews, on other Wikimedia Foundation projects, as well as by anyone in the world, subject to the terms of the GFDL, a license that guarantees attribution is provided to the creators of the image.

As Commons has grown, many other organizations have come to different arrangements with volunteers who work at the Wikimedia Commons and at Wikipedia. For example, in February 2009, fifteen international museums including the Brooklyn Museum and the Victoria and Albert Museum established a month-long competition where users were invited to visit in small teams and take high quality photographs of their non-copyright paintings and other exhibits, for upload to Wikimedia Commons and similar websites (with restrictions as to equipment, required in order to conserve the exhibits), as part of the “Wikipedia Loves Art” contest.

Approached for comment by Wikinews, Jim Killock, the executive director of the Open Rights Group, said “It’s pretty clear that these images themselves should be in the public domain. There is a clear public interest in making sure paintings and other works are usable by anyone once their term of copyright expires. This is what US courts have recognised, whatever the situation in UK law.”

The Digital Britain report, issued by the U.K.’s Department for Culture, Media, and Sport in June 2009, stated that “Public cultural institutions like Tate, the Royal Opera House, the RSC, the Film Council and many other museums, libraries, archives and galleries around the country now reach a wider public online.” Culture minster Ben Bradshaw was also approached by Wikinews for comment on the public policy issues surrounding the on-line availability of works in the public domain held in galleries, re-raised by the NPG’s threat of legal action, but had not responded by publication time.

Wednesday, February 22, 2006

Almost 600 desperate family members and others remained camped outside the Pasta de Conchos coal mine near San Juan de Sabinas, in the northern Mexico state of Coahuila where 65 Mexican miners were trapped by a gas explosion around 2:30 a.m. (0830 GMT) Sunday. Some are threatening to storm the mine while soldiers are trying to keep them calm and rescuers continue to pick through the rock and debris with hand tools, fearing that any power equipment might set off another explosion.

The local newspaper’s headline caused panic by quoting one of over a dozen surviving miners who were close enough to the exits to escape: “They are surely dead,” (La Prensa de Monclova). However, Arturo Vilchis, Civil Protection Director, refused to speculate on the condition of the miners, while Javier de la Fuente, an engineering contractor with mine owner Grupo México S.A. de C.V. also tried to hold out some hope.

The men were each supposed to be carrying oxygen tanks, each with a six hour supply, and there’s some hope that they could reach other oxygen supply tanks, or that some air might be reaching them through the ventilation shafts into which rescuers have been pumping more oxygen since shortly after the explosion.

Juan Rebolledo, vice president of international affairs for Grupo México, assured onlookers that U.S. mining experts were on the way, and officials at the U.S. Mine Safety and Health Administration have confirmed that they’ve sent a specialized equipment truck and several mining experts which should arrive at the mine site on Wednesday afternoon.

Meanwhile Consuelo Aguilar, a spokeswoman for the National Miners’ Union, called for an investigation into Grupo México’s responsibility for the disaster. Pedro Camarillo, a federal labor official, said nothing unusual was found during a routine evaluation in early February.

Monday, January 12, 2009

Byrraju Ramalinga Raju, founder and chairman of Satyam Computer Services, and his brother, B. Rama Raju, the company’s managing director, were arrested late Friday by Andhra Pradesh police. The brothers were placed under judicial custody in a Hyderabad, India jail and will remain there until January 23. Facing charges of criminal breach of trust (Section 406 of IPC), criminal conspiracy (Section 120-B), cheating (Section 420), falsification of records and forgery (Section 468), and fraudulent cancellation of securities (Section 477-a), they face up to ten years imprisonment if convicted.

After 18 hours of interrogation by the Crime Investigation Department (CID) at the state police headquarters, the Raju brothers were sent to the Chanchalguda prison and slept Saturday night on the floor along with 26 other low-risk inmates.

S. Bharat Kumar, the Rajus’s lawyer, asked the magistrate to issue orders for health monitoring. “His blood pressure is fluctuating and he needs medical treatment,” said Bharat Kumar. Mr. Raju appeared before the court Saturday while a team of doctors visited him after he had complained of chest pain.

Raju has Hepatitis-C, and both brothers have high blood pressure, so health precautions are necessary while imprisoned. Prison rules mandate service of jail food thrice a day. The menu includes 650 gm of rice thrice a day with 250 gm of vegetable curry and 125 gm of ‘daal’ plus tea twice a day.

Satyam’s chief financial officer Vadlamani Srinivas, who was also arrested Saturday, had undergone preliminary investigation and appeared Sunday before a special court, according to A. Sivanarayana, Andhra Pradesh additional director general of police. Srinivas was remanded to judicial custody until January 23 by Mr. D. Ramakrishna, Sixth Chief Metropolitan Magistrate, and sent to the Chanchalguda jail with the Raju brothers after interrogation by CID’s Crime Branch (the CB-CID). During his Saturday night arrest and probe by CB-CID, Srinivas made revelations which are contained in his confession letter as submitted to Network 18. “According to me fixed deposits are unreal and fictitious which were managed and was an understanding between the audit section management,” Srinivas stated.

The Hyderabad court on Monday postponed the bail hearings of the Raju brothers and Srinivas to January 16. To be defended by a battalion of 25 lawyers, the three accused will remain in Chanchalguda Central Jail until further court order. The Raju brothers were shifted Sunday to a mid-size Old Hospital Barrack cell shared with a bootlegger.

In 2008, the company struggled to purchase two infrastructure companies founded by family members of company founder and CEO Dr. Raju – Maytas Infrastructure and Maytas Properties – for $1.6 billion, despite concerns raised by independent board directors. Dr. Raju tendered his resignation on January 7 after due notice of falsified accounts to board members and the SEBI.

Since January 7 when two lawsuits were commenced, dozens of other class action law suits were filed against Satyam for hundreds of millions of dollars damages based on fraud in the United States District Court for the Southern District of New York in Manhattan, among others. The securities fraud class-action lawsuits have been filed on behalf of investors who bought Satyam American Depositary Receipts (ADRs) since 2004.

On Wednesday Dr. Raju admitted to falsifying and overstating Satyam’s cash reserves by $1B US dollars (£661m) or 94% of its cash and bank balances on books at the end of September.

The fraud was perpetrated several years ago to bridge “a marginal gap” between actual and accounting books operating profits, and continued for several years. “It was like riding a tiger, not knowing how to get off without being eaten,” B. Raju said.

In a letter to the board, Dr. Raju said that neither he nor the managing director had benefited financially from the inflated revenues. Further claiming that none of the board members had any knowledge of the dire company situation, he noted that Satyam’s balance sheet as of the September 30, 2008, carried inflated figures for cash and bank balances of INR 5,040 crore (as against INR 5,361 crore reflected in the books). He alleged it also carried an accrued interest of INR 376 crore which was non-existent. He confessed that he himself prepared an understated liability of INR 1,230 crore on account of funds amid an overstated debtors’ position of INR 490 crore (as against INR 2,651 crore in the books).

Indian analysts have compared the Satyam-Raju scandal to the infamous American Enron scandal. Immediately following the media expose, PricewaterhouseCoopers, auditor of Satyam’s accounts, was set to be probed for complicity in the controversy. Times Now has reported that the Andhra Pradesh CID arrested PricewaterhouseCoopers (PWC) representative Gopal Krishnan for investigation on Saturday night.

New York-listed Satyam Computer Services Ltd., India’s fourth-biggest software firm, is a consulting and information technology services company based in Hyderabad, India. Founded in 1987 by Dr. Byrraju Ramalinga Raju, Satyam’s network spans 67 countries on six continents. It employs 53,000 professionals in India, the United States, the United Kingdom, the United Arab Emirates, Canada, Hungary, Singapore, Malaysia, China, Japan, Egypt and Australia. Its monthly salary outflow is estimated at six billion rupees ($125 million). Deriving more than half of its revenues from the United States, it serves 700 global companies, 185 of which are Fortune 500 corporations.

Satyam’s clients include Nestle, Ford, General Electric Co., General Motors Corp., Nissan Motor Co., Applied Materials Inc., Caterpillar Inc., Cisco Systems Inc. and Sony Corp., and brought in about $40bn last year.

In December 2008, a failed acquisition attempt involving the company Maytas led to a plunge in Satyam’s share price. After Wednesday’s confession, Satyam stocks fell further by more than 70%, while the BSE SENSEX dropped to 7.3% Wednesday, causing the removal of Satyam Computer Services from its indices on Thursday. The shares free fell to 11.50 rupees on Friday, their lowest level since March 1998, compared with around last year’s high of 544 rupees.

The New York Stock Exchange has terminated trading in Satyam stock as of January 7, while the National Stock Exchange of India said it will remove Satyam from its S&P CNX Nifty 50-share index from January 12.

India’s biggest-ever corporate fraud has seriously tainted India Inc.‘s strong corporate governance image. “The admission of fraud in financial affairs has created an adverse impression in the minds of trade, business and industry across the world,” the Indian government admitted. The government intervened on Friday night, dismissing Satyam’s board of directors, announcing it will appoint representatives to manage the affairs of the insolvent outsourcing giant. The board would meet within seven days. Dr Yeduguri Samuel Rajasekhara Reddy, chief Minister of State of Andhra Pradesh, India, on Sunday said that the main agenda is to protect the jobs of the software professionals. “We are taking all needful steps in coordination with the government of India to ensure that the jobs of 53,000 engineers are protected and the shareholders’ money is salvaged,” Reddy said.

“We are working on the names. The Satyam case is an aberration. The credibility of the Indian corporate sector in general, and IT sector in particular, should not be allowed to suffer because of this.” Prem Chand Gupta, the Corporate Affairs Minister said. The Federal Government of India appointed a three-member independent board with full authority for Satyam on Sunday and was set to convene within 24 hours. “We have appointed Deepak Parekh, chairman of Housing Development Finance Corporation, Kiran Karnik, former president of IT industry body NASSCOM and C. Achutan, former member of Securities and Exchange Board (SEBI) of India,” Mr. Gupta said.

In early Monday trading (0535 GMT) after the creation of the three-member board, Satyam shares rocketed upwards 60% to 38.15 rupees, even though the main Mumbai market was down more than 2%. BBC reported that Satyam shares have jumped 51% to 36.05 rupees on Monday after the stock lost 87% last week. “The constitution of the new board is seen as a positive step by the market. It’s a confidence boosting measure,” K.K. Mital, Globe Capital, New Delhi head of portfolio management services said. “But the rally will depend largely on the financial situation at the company and the kind of measures that are taken to improve liquidity,” he added.

The Company Law Board, however, has requested Satyam’s interim board not to implement its decisions. “We are asked by the Company Law Board not to implement the decisions of the board. But we are allowed to continue our activity. The team which was constituted recently is continuing its work,” Satyam head global marketing and communications, Mr. Hari Thalapalli, said.

Lazard Ltd., who has a 7.4% stake in Satyam, sought representation on the new board and wrote as much to The Indian Ministry of Corporate Affairs. “As the largest shareholder in the company, we want to be consulted in whatever decisions are being taken by the Indian government. We have written to the Ministry of Corporate Affairs and are awaiting a reply from them,” Hitesh Jain, a partner at ALMT Legal, who claimed to represent Lazard, said. “It is a fair proposal and we will take a decision as and when we clear other issues. No decision on this has been taken yet,” P.C. Gupta replied.

Meanwhile, the Securities and Exchange Board of India (SEBI) also announced it will try to control the damage and take steps to boost investor confidence. “This exercise will be undertaken after the third quarter results and is expected to be completed by end of February this year,” a SEBI official statement said. A SEBI team is also investigating acting-CEO Ram Mynampati whose salary was greater than that of founder Dr. Raju and all the directors combined. Dr. Raju had just one fifth of Mynampati’s total package of over Rs 3.5 crore as of March 2008. All the directors comparably received only a total of Rs 2.6 crore as salary, commissions, sitting fees, professional fees and other receivables.

Further, the Andhra Pradesh Police CID and teams assigned by the Economic Offences Wing of the CB-CID conducted searches Sunday of homes of the accused including the ex-CFO’s office to gather documentary evidence about the financial fraud.

Monday, June 21, 2010

Sweden’s first royal wedding since 1976 took place Saturday when Crown Princess Victoria, 32, married her long-time boyfriend and former personal trainer, Daniel Westling, 36. The ceremony took place at Stockholm Cathedral.

Over 1,200 guests, including many rulers, politicians, royals and other dignitaries from across the world, attended the wedding, which cost an estimated 20 million Swedish kronor. Victoria wore a wedding dress with five-metre long train designed by Pär Engsheden. She wore the same crown that her mother, Queen Silvia, wore on her wedding day 34 years previously, also on June 19. Victoria’s father, King Carl XVI Gustaf, walked Victoria down the aisle, which was deemed untraditional by many. In Sweden, the bride and groom usually walk down the aisle together, emphasising the country’s views on equality. Victoria met with Daniel half-way to the altar, where they exchanged brief kisses, and, to the sounds of the wedding march, made their way to the the silver altar. She was followed by ten bridesmaids. The couple both had tears in their eyes as they said their vows, and apart from fumbling when they exchanged rings, the ceremony went smoothly.

Following the ceremony, the couple headed a fast-paced procession through central Stockholm on a horse-drawn carriage, flanked by police and security. Up to 500,000 people are thought to have lined the streets. They then boarded the Vasaorden, the same royal barge Victoria’s parents used in their wedding, and traveled through Stockholm’s waters, accompanied by flyover of 18 fighter jets near the end of the procession. A wedding banquet followed in the in the Hall of State of the Royal Palace.

Controversy has surrounded the engagement and wedding between the Crown Princess and Westling, a “commoner”. Victoria met Westling as she was recovering from bulemia in 2002. He owned a chain of gymnasiums and was brought in to help bring Victoria back to full health. Westling was raised in a middle-class family in Ockelbo, in central Sweden. His father managed a social services centre, and his mother worked in a post office. When the relationship was made public, Westling was mocked as an outsider and the king was reportedly horrified at the thought of his daughter marrying a “commoner”, even though he did so when he married Silvia. Last year, Westling underwent transplant surgery for a congenital kidney disorder. The Swedish public have been assured that he will be able to have children and that his illness will not be passed on to his offspring.

Westling underwent years of training to prepare for his new role in the royal family, including lessons in etiquette, elocution, and multi-lingual small talk; and a makeover that saw his hair being cropped short, and his plain-looking glasses and clothes being replaced by designer-wear.

Upon marrying the Crown Princess, Westling took his wife’s ducal title and is granted the style “His Royal Highness”. He is now known as HRH Prince Daniel, Duke of Västergötland. He also has his own coat-of-arms and monogram. When Victoria assumes the throne and becomes Queen, Daniel will not become King, but assume a supportive role, similar to that of Prince Phillip, the husband of the United Kingdom’s Queen Elizabeth II.

Thursday, April 7, 2011

Late last month, the American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF) filed objections to the United States Government’s ‘secret’ attempts to obtain Twitter account information relating to WikiLeaks. The ACLU and EFF cite First and Fourth amendment issues as overriding reasons to overturn government attempts to keep their investigation secret; and, that with Birgitta Jonsdottir being an Icelandic Parliamentarian, the issue has serious international implications.

The case, titled “In the Matter of the 2703(d) Order Relating to Twitter Accounts: Wikileaks, Rop_G, IOERROR; and BirgittaJ“, has been in the EFF’s sights since late last year when they became aware of the US government’s attempts to investigate WikiLeaks-related communications using the popular microblogging service.

The key objective of this US government investigation is to obtain data for the prosecution of Bradley Manning, alleged to have supplied classified data to WikiLeaks. In addition to Manning’s Twitter account, and that of WikiLeaks (@wikileaks), the following three accounts are subject to the order: @ioerror, @birgittaj, and @rop_g. These, respectively, belong to Jacob Apelbaum, Birgitta Jonsdottir, and Rop Gonggrijp.

Birgitta is not the only non-US citizen with their Twitter account targeted by the US Government; Gonggrijp, a Dutch ‘ex-hacker’-turned-security-expert, was one of the founders of XS4ALL – the first Internet Service Provider in the Netherlands available to the public. He has worked on a mobile phone that can encrypt conversations, and proven that electronic voting systems can readily be hacked.

In early March, a Virginia magistrate judge ruled that the government could have the sought records, and neither the targeted users, or the public, could see documents submitted to justify data being passed to the government. The data sought is as follows:

1. Personal contact information, including addresses
2. Financial data, including credit card or bank account numbers
3. Twitter account activity information, including the “date, time, length, and method of connections” plus the “source and destination Internet Protocol address(es)”
4. Direct Message (DM) information, including the email addresses and IP addresses of everyone with whom the Parties have exchanged DMs

The order demands disclosure of absolutely all such data from November 1, 2009 for the targeted accounts.

The ACLU and EFF are not only challenging this, but demanding that all submissions made by the US government to justify the Twitter disclosure are made public, plus details of any other such cases which have been processed in secret.

Bradley Manning, at the time a specialist from Maryland enlisted with the United States Army’s 2nd Brigade, 10th Mountain Division, was arrested in June last year in connection with the leaking of classified combat video to WikiLeaks.

The leaked video footage, taken from a US helicopter gunship, showed the deaths of Reuters staff Saeed Chmagh and Namir Noor-Eldeen during a U.S. assault in Baghdad, Iraq. The wire agency unsuccessfully attempted to get the footage released via a Freedom of Information Act request in 2007.

When WikiLeaks released the video footage it directly contradicted the official line taken by the U.S. Army asserting that the deaths of the two Reuters staff were “collateral damage” in an attack on Iraqi insurgents. The radio chatter associated with the AH-64 Apache video indicated the helicopter crews had mistakenly identified the journalists’ equipment as weaponry.

The US government also claims Manning is linked to CableGate; the passing of around a quarter of a million classified diplomatic cables to WikiLeaks. Manning has been in detention since July last year; in December allegations of torture were made to the United Nations High Commissioner for Human Rights regarding the conditions under which he was and is being detained.

Reports last month that he must now sleep naked and attend role call at the U.S. Marine facility in Quantico in the same state, raised further concern over his detention conditions. Philip J. Crowley, at-the-time a State Department spokesman, remarked on this whilst speaking at Massachusetts Institute of Technology; describing the current treatment of Manning as “ridiculous and counterproductive and stupid”, Crowley was, as a consequence, put in the position of having to tender his resignation to Secretary of State Hillary Clinton.

Despite his native Australia finding, in December last year, that Assange’s WikiLeaks had not committed any criminal offences in their jurisdiction, the U.S. government has continued to make ongoing operations very difficult for the whistleblower website.

The result of the Australian Federal Police investigation left the country’s Prime Minister, Julia Gillard, having to retract a statement that WikiLeaks had acted “illegally”; instead, she characterised the site’s actions as “grossly irresponsible”.

Even with Australia finding no illegal activity on the part of WikiLeaks, and with founder Julian Assange facing extradition to Sweden, U.S. pressure sought to hobble WikiLeaks financially.

Based on a State Department letter, online payments site PayPal suspended WikiLeaks account in December. Their action was swiftly followed by Visa Europe and Mastercard ceasing to handle payments for WikiLeaks.

The online processing company, Datacell, threatened the two credit card giants with legal action over this. However, avenues of funding for the site were further curtailed when both Amazon.com and Swiss bank PostFinance joined the financial boycott of WikiLeaks.

Assange continues, to this day, to argue that his extradition to Sweden for questioning on alleged sexual offences is being orchestrated by the U.S. in an effort to discredit him, and thus WikiLeaks.

Wikinews consulted an IT and cryptography expert from the Belgian university which developed the current Advanced Encryption Standard; explaining modern communications, he stated: “Cryptography has developed to such a level that intercepting communications is no longer cost effective. That is, if any user uses the correct default settings, and makes sure that he/she is really connecting to Twitter it is highly unlikely that even the NSA can break the cryptography for a protocol such as SSL/TLS (used for https).”

Qualifying this, he commented that “the vulnerable parts of the communication are the end points.” To make his point, he cited the following quote from Gene Spafford: “Using encryption on the Internet is the equivalent of arranging an armored car to deliver credit card information from someone living in a cardboard box to someone living on a park bench.“

Continuing, the Katholieke Universiteit Leuven (KUL) expert explained:

“In the first place, the weak point is Twitter itself; the US government can go and ask for the data; companies such as Twitter and Google will typically store quite some information on their users, including IP addresses (it is known that Google deletes the last byte of the IP address after a few weeks, but it is not too hard for a motivated opponent to find out what this byte was).“

“In the second place, this is the computer of the user: by exploiting system weaknesses (with viruses, Trojan horses or backdoors in the operating system) a highly motivated opponent can enter your machine and record your keystrokes plus everything that is happening (e.g. the FBI is known to do this with the so-called Magic Lantern software). Such software is also commercially available, e.g. for a company to monitor its employees.“

“It would also be possible for a higly motivated opponent to play “man-in-the-middle”; that means that instead of having a secure connection to Twitter.com, you have a secure connection to the attacker’s server, who impersonates Twitter’s and then relays your information to Twitter. This requires tricks such as spoofing DNS (this is getting harder with DNSsec), or misleading the user (e.g. the user clicks on a link and connects to tw!tter.com or Twitter.c0m, which look very similar in a URL window as Twitter.com). It is clear that the US government is capable of using these kind of tricks; e.g., a company has been linked to the US government that was recognized as legitimate signer in the major browsers, so it would not be too large for them to sign a legitimate certificate for such a spoofing webserver; this means that the probability that a user would detect a problem would be very low.“

“As for traffic analysis (finding out who you are talking to rather than finding out what you are telling to whom), NSA and GCHQ are known to have access to lots of traffic (part of this is obtained via the UK-USA agreement). Even if one uses strong encryption, it is feasible for them to log the IP addresses and email addresses of all the parties you are connecting to. If necessary, they can even make routers re-route your traffic to their servers. In addition, the European Data Retention directive forces all operators to store such traffic data.“

“Whether other companies would have complied with such requests: this is very hard to tell. I believe however that it is very plausible that companies such as Google, Skype or Facebook would comply with such requests if they came from a government.“

“In summary: unless you go through great lengths to log through to several computers in multiple countries, you work in a clean virtual machine, you use private browser settings (don’t accept cookies, no plugins for Firefox, etc.) and use tools such as Tor, it is rather easy for any service provider to identify you.“

“Finally: I prefer not to be quoted on any sentences in which I make statements on the capabilities or actions of any particular government.“

Wikinews also consulted French IT security researcher Stevens Le Blond on the issues surrounding the case, and the state-of-the-art in monitoring, and analysing, communications online. Le Blond, currently presenting a research paper on attacks on Tor to USENIX audiences in North America, responded via email:

Were the US Government to obtain the sought data, it would seem reasonable the NSA would handle further investigation. How would you expect them to exploit the data and expand on what they receive from Twitter?

• Le Blond: My understanding is that the DOJ is requesting the following information: 1) Connection records and session times 2) IP addresses 3) e-mail addresses 4) banking info

By requesting 1) and 2) for Birgitta and other people involved with WikiLeaks (WL) since 2009, one could derive 2 main [pieces of] information.

First, he could tell the mobility of these people. Recent research in networking shows that you can map an IP address into a geographic location with a median error of 600 meters. So by looking at changes of IP addresses in time for a Twitter user, one could tell (or at least speculate about) where that person has been.

Second, by correlating locations of different people involved with WL in time, one could possibly derive their interactions and maybe even their level of involvement with WL. Whether it is possible to derive this information from 1) and 2) depends on how this people use Twitter. For example, do they log on Twitter often enough, long enough, and from enough places?

My research indicates that this is the case for other Internet services but I cannot tell whether it is the case for Twitter.

Note that even though IP logging, as done by Twitter, is similar to the logging done by GSM [mobile phone] operators, the major difference seems to be that Twitter is subject to US regulation, no matter the citizenship of its users. I find this rather disturbing.

Using 3), one could search for Birgitta on other Internet services, such as social networks, to find more information on her (e.g., hidden accounts). Recent research on privacy shows that people tend to use the same e-mail address to register an account on different social networks (even when they don’t want these accounts to be linked together). Obviously, one could then issue subpoenas for these accounts as well.

I do not have the expertise to comment on what could be done with 4).

((WN)) As I believe Jonsdottir to be involved in the Icelandic Modern Media Initiative (IMMI), what are the wider implications beyond the “WikiLeaks witchhunt”?

• Le Blond: Personal data can be used to discredit, especially if the data is not public.

Having been alerted to the ongoing case through a joint press release by the ACLU and EFF, Wikinews sought clarification on the primary issues which the two non-profits saw as particularly important in challenging the U.S. Government over the ‘secret’ court orders. Rebecca Jeschke, Media Relations Director for the EFF, explained in more detail the points crucial to them, responding to a few questions from Wikinews on the case:

((WN)) As a worse-case, what precedents would be considered if this went to the Supreme Court?

• Rebecca Jeschke: It’s extremely hard to know at this stage if this would go to the Supreme Court, and if it did, what would be at issue. However, some of the interesting questions about this case center on the rights of people around the world when they use US Internet services. This case questions the limits of US law enforcement, which may turn out to be very different from the limits in other countries.

((WN)) Since this is clearly a politicised attack on free speech with most chilling potential repercussions for the press, whistleblowers, and by-and-large anyone the relevant U.S. Government departments objects to the actions of, what action do you believe should be taken to protect free speech rights?

• Jeschke: We believe that, except in very rare circumstances, the government should not be permitted to obtain information about individuals’ private Internet communications in secret. We also believe that Internet companies should, whenever possible, take steps to ensure their customers are notified about requests for information and have the opportunity to respond.

((WN)) Twitter via the web, in my experience, tends to use https:// connections. Are you aware of any possibility of the government cracking such connections? (I’m not up to date on the crypto arms race).

• Jeschke: You don’t need to crack https, per se, to compromise its security. See this piece about fraudulent https certificates:

Iranian hackers obtain fraudulent https — EFF website.

((WN)) And, do you believe that far, far more websites should – by default – employ https:// connections to protect people’s privacy?

• Jeschke: We absolutely think that more websites should employ https! Here is a guide for site operators: (See external links, Ed.)

Finally, Wikinews approached the Icelandic politician, and WikiLeaks supporter, who has made this specific case a landmark in how the U.S. Government handles dealings with – supposedly – friendly governments and their elected representatives. A number of questions were posed, seeking the Icelandic Parliamentarian’s views:

((WN)) How did you feel when you were notified the US Government wanted your Twitter account, and message, details? Were you shocked?

• Birgitta Jonsdottir: I felt angry but not shocked. I was expecting something like this to happen because of my involvement with WikiLeaks. My first reaction was to tweet about it.

((WN)) What do you believe is their reasoning in selecting you as a ‘target’?

• Jonsdottir: It is quite clear to me that USA authorities are after Julian Assange and will use any means possible to get even with him. I think I am simply a pawn in a much larger context. I did of course both act as a spokesperson for WikiLeaks in relation to the Apache video and briefly for WikiLeaks, and I put my name to the video as a co-producer. I have not participated in any illegal activity and thus being a target doesn’t make me lose any sleep.

((WN)) Are you concerned that, as a Member of Parliament involved in the Icelandic Modern Media Initiative (IMMI), the US attempt to obtain your Twitter data is interfering with planned Icelandic government policy?

• Jonsdottir: No

((WN)) In an earlier New York Times (NYT) article, you’re indicating there is nothing they can obtain about you that bothers you; but, how do you react to them wanting to know everyone you talk to?

• Jonsdottir: It bothers me and according to top computer scientists the government should be required to obtain a search warrant to get our IP addresses from Twitter. I am, though, happy I am among the people DOJ is casting their nets around because of my parliamentary immunity; I have a greater protection then many other users and can use that immunity to raise the issue of lack of rights for those that use social media.

((WN)) The same NYT article describes you as a WikiLeaks supporter; is this still the case? What attracts you to their ‘radical transparency’?

• Jonsdottir: I support the concept of WikiLeaks. While we don’t have a culture of protection for sources and whistleblowers we need sites like WikiLeaks. Plus, I think it is important to give WikiLeaks credit for raising awareness about in how bad shape freedom of information and expression is in our world and it is eroding at an alarming rate because of the fact that legal firms for corporations and corrupt politicians have understood the borderless nature of the legalities of the information flow online – we who feel it is important that people have access to information that should remain in the public domain need to step up our fight for those rights. WikiLeaks has played an important role in that context.I don’t support radical transparency – I understand that some things need to remain secret. It is the process of making things secret that needs to be both more transparent and in better consensus with nations.

((WN)) How do you think the Icelandic government would have reacted if it were tens of thousands of their diplomatic communications being leaked?

• Jonsdottir: I am not sure – A lot of our dirty laundry has been aired via the USA cables – our diplomatic communications with USA were leaked in those cables, so far they have not stirred much debate nor shock. It is unlikely for tens of thousands of cables to leak from Iceland since we dont have the same influence or size as the USA, nor do we have a military.

((WN)) Your ambassador in the US has spoken to the Obama administration. Can you discuss any feedback from that? Do you have your party’s, and government’s, backing in challenging the ordered Twitter data release?

• Jonsdottir: I have not had any feedback from that meeting, I did however receive a message from the DOJ via the USA ambassador in Iceland. The message stated three things: 1. I am free to travel to the USA. 2. If I would do so, I would not be a subject of involuntary interrogation. 3. I am not under criminal investigation. If this is indeed the reality I wonder why they are insisting on getting my personal details from Twitter. I want to stress that I understand the reasoning of trying to get to Assange through me, but I find it unacceptable since there is no foundation for criminal investigation against him. If WikiLeaks goes down, all the other media partners should go down at the same time. They all served similar roles. The way I see it is that WikiLeaks acted as the senior editor of material leaked to them. They could not by any means be considered a source. The source is the person that leaks the material to WikiLeaks. I am not sure if the media in our world understands how much is at stake for already shaky industry if WikiLeaks will carry on carrying the brunt of the attacks. I think it would be powerful if all the medias that have had access to WikiLeaks material would band together for their defence.

((WN)) Wikinews consulted a Belgian IT security expert who said it was most likely companies such as Facebook, Microsoft, and Google, would have complied with similar court orders *without advising the ‘targets*’. Does that disturb you?

• Jonsdottir: This does disturb me for various reasons. The most obvious is that my emails are hosted at google/gmail and my search profile. I dont have anything to hide but it is important to note that many of the people that interact with me as a MP via both facebook and my various email accounts don’t always realize that there is no protection for them if they do so via those channels. I often get sensitive personal letters sent to me at facebook and gmail. In general most people are not aware of how little rights they have as users of social media. It is those of uttermost importance that those sites will create the legal disclaimers and agreements that state the most obvious rights we lose when we sign up to their services.

((WN)) Has there been any backlash within Iceland against US-based internet services in light of this? Do you expect such, or any increase in anti-American sentiments?

• Jonsdottir: No, none what so ever. I dont think there is much anti-American sentiments in Iceland and I dont think this case will increase it. However I think it is important for everyone who does not live in the USA and uses social services to note that according to the ruling in my case, they dont have any protection of the 1st and 4th amendment, that only apply to USA citizens. Perhaps the legalities in relation to the borderless reality we live in online need to be upgraded in order for people to feel safe with using social media if it is hosted in the USA. Market tends to bend to simple rules.

((WN)) Does this make you more, or less, determined to see the IMMI succeed?

• Jonsdottir: More. People have to realize that if we dont have freedom of information online we won’t have it offline. We have to wake up to the fact that our rights to access information that should be in the public domain is eroding while at the same time our rights as citizens online have now been undermined and we are only seen as consumers with consumers rights and in some cases our rights are less than of a product. This development needs to change and change fast before it is too late.

The U.S. Government continues to have issues internationally as a result of material passed to WikiLeaks, and subsequently published.

Within the past week, Ecuador has effectively declared the U.S. ambassador Heather Hodges persona-non-grata over corruption allegations brought to light in leaked cables. Asking the veteran diplomat to leave “as soon as possible”, the country may become the third in South America with no ambassadorial presence. Both Venezuela and Bolivia have no resident U.S. ambassador due to the two left-wing administrations believing the ejected diplomats were working with the opposition.

The U.S. State Department has cautioned Ecuador that a failure to speedily normalise diplomatic relations may jeapordise ongoing trade talks.

The United Kingdom is expected to press the Obama administration over the continuing detention of 23-year-old Manning, who also holds UK citizenship. British lawmakers are to discuss his ongoing detention conditions before again approaching the U.S. with their concerns that his solitary confinement, and treatment therein, is not acceptable.

The 22 charges brought against Manning are currently on hold whilst his fitness to stand trial is assessed.

Tuesday, April 11, 2006

Zach Scruggs, a lawyer for United States Senator Trent Lott, says that State Farm Insurance Company is destroying records related to claims for damage from Hurricane Katrina.

The records allegedly contain information saying that State Farm fraudulently denied insurance claims made by its policy holders, including Lott, that had homes there were damaged or destroyed when Hurricane Katrina came ashore on the Gulf Coast.

Scruggs said that Lott has “good faith belief” that many employees of the insurance company in Biloxi, Mississippi are destroying engineer’s reports that were inconclusive as to whether or not water or wind was the main cause of damage to the buildings affected by the hurricane.

Lott is among thousands of home and/or business owners who had their property damaged or destroyed during the hurricane and had their claims denied because State Farm claimed that their policies don’t cover damage caused by floods or water that was driven by the wind.

State Farm has not issued a statement on the matter so far.

Saturday, January 26, 2008

Investigators examining the wreck of British Airways Flight 38, a Boeing 777 that crash landed short of the runway at London’s Heathrow Airport in the first hull loss of a 777, are examining the aircraft’s fuel system as a possible factor in the crash. No-one was killed as the scheduled flight from Beijing, China lost power during final approach on January 17.

136 passengers and 16 crew were on board when power was lost to the two Rolls-Royce engines about two miles from the runway, at a height of 600 feet. Autopilot and autothrottle were engaged at the time, the latter having just commanded an increase of thrust to the engines when power was lost. Co-pilot John Coward, in control at the time, was subsequently praised for being able to glide the disabled plane to within 1,000 feet of the runway, clearing a number of houses along the way.

Subsequent investigation has revealed that not only did the engines not fail simultaneously, but neither failed completely, contradicting initial belief. A preliminary report by the United Kingdom’s Aircraft Accident Investigation Branch (AAIB) stated that after the autothrottle commanded more thrust “The engines both initially responded but after about 3 seconds the thrust of the right engine reduced. Some eight seconds later the thrust reduced on the left engine to a similar level… Both engines continued to produce thrust at an engine speed above flight idle, but less than the commanded thrust.” This situation prevailed until impact.

On Wednesday the AAIB stated that they were examining “All possible scenarios that could explain the thrust reduction and continued lack of response of the engines.” However, it also went on to specifically mention attention to the jet’s fuel system, saying “This work includes a detailed analysis and examination of the complete fuel-flow path from the aircraft tanks to the engine-fuel nozzles.” The AAIB also ruled out the plane having completely run out of fuel, stating that there was “adequate fuel” in the tanks when the plane crashed. In addition to the fuel required to get to the target destination or emergency alternative airport – whichever is further – aircraft typically carry between thirty and forty-five minutes worth of extra fuel as a safety margin.

Possible scenarios being examined include fuel contamination, coming either from fuel taken on at Beijing or leakage from an unknown source. In particular, a heavy contaminant at the bottom of the tanks would explain a lack of earlier problems on the flight, as the fuel levels would only have become low in the final stages of the trip. Another possibility is that a central part of the fuel system developed a leak, reducing the amount of fuel available to the engines.

It is known that, according to the AAIB, “the autothrottle and engine-control commands were performing as expected prior to, and after, the reduction in thrust,” suggesting that all software in the aircraft was functioning correctly and rendering a software failure unlikely, although this possibility also remains under investigation.

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