Legal is defined as everything connected with the system of law within a country or area. The definition Law is a system of rules created and enforced to regulate behaviour, usually it belongs to a country or an area.
Online and innovation have often evolved way in advance of laws and the legal system’s ability to cope.
The emphasis that different systems have produces a number of challenges. China’s systems are locked down under their view of cyber sovereignty to avoid a contagion of western ideas. Yet they and other authoritarian regimes treat the open western systems as a battle space to destabilise other countries and attack their critics.
The US system favours free speech over privacy, which directly clashes with European values. Much of these European values were shaped in the aftermath of having lived under Warsaw Pact era authoritarian regimes.
There is a clash of the ages undertaken over ethics and power and what’s legal. The law offers up more questions and ethical traps than answers. It’s into this legal morass that my posts tend to land, usually at the point of intersection between ethics, the law and technology.
When I started using the web I believed that it was a unique extra-legal space similar to what John Perry Barlow outlined at the start of the ‘web’ as we now know it. The reality is that the net has already been staked out by businesses that look rather similar to the robber barons of the gilded age. Authoritarian regimes found it surprisingly easy to bend to their will and now sell their expertise around the world.
Why Are Teens Sharing Pro IRA Memes on TikTok? | Slate – pro IRA memes aren’t that they seem. The pro IRA memes aren’t literal support for the armed struggle. But are comments on the politics of the day. The helpless of COVID, BLM and access to healthcare. Provos have become meme fodder to discuss other issues. This give you an idea of how fast the Good Friday agreement has faded into history
Taiwan unveils new-look passports to avoid ‘China confusion’ | South China Morning PostSouth China Morning Post – it is all because of the confusion and discrimination created when our people travel abroad only to be identified as nationals of China,” he said. Wu said that since the coronavirus pandemic began in January, many Taiwanese people had faced discrimination at immigration checkpoints because they had been mistaken for mainland Chinese nationals. More Taiwan related topics here.
Ageism row: WPP CEO Mark Read apologises on Twitter | More About Advertising – interesting to see how this debate about ageism in marketing services has gathered steam. I was at Paul Armstrong’s conference TBD where it was talked about as an ‘unspoken issue’ and now Mark Read seems to have elevated it inadvertently. The concept of digital natives is becoming less tenable in general.
Although it is unspoken in Read’s interview and apology I think this strikes down a number of fault lines that advertising is trying to address. Digital is an analogue for performance media marketing and television an analogue for brand building. I believe that the pendulum is swaying slightly more in favour of brand marketing than it had been in recent years. I also believe that digital advertising platforms haven’t done that good a job in setting out their case for roll in brand building activities; but have instead tried to put old ‘performance marketing’ wine in brand marketing bottles. I suspect that the evidence of ageism cited is as much about the relentless cost-cutting of marketing combines as anything else
About — Yahoo Creative Dept. – interesting that they’re touting their wares to all comers, rather than being purely focused on inhouse work. And no exclamation mark on Yahoo! in the meta data either. Yahoo! is the company a Yahoo is someone who works (or has worked) for Yahoo! More Yahoo!-related content here.
“Article 77 of the State Security Law sets out an obligation on organisations and individuals to provide assistance with work relating to State Security”.
Sophie Batas, director for cybersecurity and data privacy at Huawei Europe
Google, Facebook Dump Hong Kong Cable After U.S. Security Alarm – Bloomberg – potentially huge given Hong Kong’s position in terms of international finance where high speed networks are key. Another thing to watch is the ratio is if the ratio of population to Cisco certified engineers starts to drop in Hong Kong which could be a real possibility with the departure of data centre occupants like Facebook, Amazon Web Services, Google etc… No cloud services again make international finance difficult.
Why Protest Tactics Spread Like Memes – The New York Times – often, she noted, the images’ similarity was unwitting. In their spread, their simultaneity and their indirect influence on each other, the protest videos had all the characteristics of memes, those units of culture and behavior that spread rapidly online. The same cultural transfer that gives us uncanny cake-slicing memes and viral challenges also advances the language of protest. “We live in this world of attention dynamics so it makes sense that tactics start to converge,” Ms. Mina said. She called the images’ tendency to build on each other “memetic piggybacking,” and noted that everyday items that are subverted into objects of protest are “inherently charismatic.” – protest groups tactics as memes. Memes are a transmissible idea; whether its knowledge, humour or even cat gifs. Memes are something learnable and easily repeatable. The Hunger Games three finger salute or the LIHKG are deliberately chosen memes. Reciting lines from films or TV programmes like The Office are memes. Similarly protest slogans like “Liberate Hong Kong, Revolution Of Our Time’, ‘Five Demands, Not One Less’ (FDNOL) are memes. Other memes evolve due to pragmatism, such as the use of umbrellas during the 2014 protests. More meme related content here.
Apple Faces $1.4 Billion Lawsuit by Chinese AI Firm in Siri Patent Fight – WSJ – Conflicts over intellectual property, technology and trade are driving bilateral relations between the U.S. and China to their lowest point in decades. Last Friday, President Trump threatened to ban Chinese short-video app TikTok on national-security grounds. U.S. officials have been involved in talks over a potential sale of TikTok’s American business to Microsoft Corp.
Op-Ed: Never Trust Mark Zuckerberg Again- PingWest – a few things in this. 1/ Facebook probably didn’t get anything out of its reprochment with China. Yes China could stop advertising on Facebook, but A/ Chinese state owned companies not advertising on Facebook would be immaterial and probably benefit Facebook politically B/ Chinese private sector companies don’t have a lot of choice, so China would see a good deal of SME job destruction. 2/ The US government have more leverage. In this respect its like the embarrassing HSBC kowtowing in reverse. The Chinese author now realises how lame it looks when you’re on the other side of it
Pompeo the Maoist – SettimanaNews – Borrowing from the logic used by Mao Zedong in his On Contradiction, Pompeo tried to prove that CCP didn’t represent the Chinese people, and that actually the party is the enemy of the Chinese people. This point is fundamental because, as Mao put it, the crucial political element is to know who is with us and who is the enemy, and the party should always represent the people. Pompeo stated: “We must start by changing how our people and our partners perceive the Chinese Communist Party. We have to tell the truth.” What is the truth, according to the US secretary of state? It is that: “We know … that doing business with a CCP-backed company is not the same as doing business with, say, a Canadian company. They don’t answer to independent boards, and many of them are state-sponsored and so have no need to pursue profits… We know too that if our companies invest in China, they may wittingly or unwittingly support the Communist Party’s gross human rights violations… We know too too that not all Chinese students and employees are just normal students and workers that are coming here to make a little bit of money and to garner themselves some knowledge. Too many of them come here to steal our intellectual property and to take this back to their country.” Therefore, he argues that the US should de facto work as a new revolutionary party: “We must also engage and empower the Chinese people—a dynamic, freedom-loving people who are completely distinct from the Chinese Communist Party.”
ARM China Asks Beijing to Intervene in Row With U.K. Parent – Caixin Global – It is interesting that the ARM CEO thinks he has the political juice to go against Hopu and its head Fang Fenglei. Is there more than meets the eye going on here? More from Sina.com’s tech channel (via Google Translate): Sina.com Technology Channel ARM China debacle – the intention of Hopu Investment , which represents 36% of the investors of the central state-owned enterprise financial institution in the joint venture, to join hands with foreign shareholders this time? Hopu and Arm recently appointed Hopu Investment’s Teck Sien Lau (Singaporean) as Chairman of Amou China, and Arm President Graham Budd (British) as Vice Chairman. In addition, Arm and Hopu previously appointed two co-CEOs (one Singaporean and one Chinese) on the disputed board of directors, and the board dispute is currently being resolved in legal proceedings. It seems that Hopu hopes to help Arm replace the existing management team and actually control the operation of the joint venture company through this operation. However, under the premise that HOPU violated the Chinese party’s agreement to act in concert and joined hands with Arm, such an organizational structure obviously did not represent China’s national interests. In addition, can they lead the technical team to realize the original intention of the joint venture company and truly realize the vision of autonomous and controllable core technology that China needs? More on ARM here.
Upfield targets block butters with vegan Flora Plant range | News | The Grocer – repackaging to remove the negative connotations of margarine by creating ‘vegan butter’ in salted and unsalted variants. *Disclosure, I worked with Mullen Lowe and Phd to develop ‘Family Brands’ global digital strategy, prior to Flora et al being sold off to Upfield. My work covered Blue Band, Bonella, Country Crock, Doriana, Dorina, Flora, Imperial, La Perfecta, Maizena, Milda, Mirasol, Planta, Planta Fin, Primavera, Rama, Sana, Stork, Tulipan, and Vitam
Imint is the Swedish firm that gives Chinese smartphones an edge in video production | TechCrunch – The hyper-competitive nature of Chinese phone makers means they are easily sold on new technology that can help them stand out. The flipside is the intensity that comes with competition. The Chinese tech industry is both well-respected — and notorious — for its fast pace. Slow movers can be crushed in a matter of a few months.“In some aspects, it’s very U.S.-like. It’s very straight to the point and very opportunistic,” Lifvendahl reflected on his experience with Chinese clients. “You can get an offer even in the first or second meeting, like, ‘Okay, this is interesting, if you can show that this works in our next product launch, which is due in three months. Would you set up a contract now?’” “That’s a good side,” he continued. “The drawback for a Swedish company is the demand they have on suppliers. They want us to go on-site and offer support, and that’s hard for a small Swedish company. So we need to be really efficient, making good tools and have good support systems.” – Ok a few things. 1/ The hyper competition is a very Chinese phenomenon. Like when in someplace like the UK Chinese restaurant opens in a neighbourhood, another will move in next door. In China, you end up with clusters of barber shops, tea shops and restaurants right next to each other in; actively competing. It’s about rapid small iterative steps of innovation, or what Huawei used call ‘customer focus’. It’s not paradigm shifting stuff. 2/ Its interesting that Imint have taken the German middelstadt model to software. Historically, German companies have managed to focus on a niche and do it really well. There is a long-term focus, continuity, independence, flexibility innovation and customer focus. They are nimble by nature and design with lean hierarchies and a family-like corporate structure.
Aaron Toponce : The Physics of Brute Force – Why you should use encryption and why Moore’s Law’s limitations and physics indicate an optimal key size when using it against non-quantum computing.
Europe and AI: Leading, Lagging Behind, or Carving Its Own Way? – Carnegie Endowment for International Peace – Europe, meanwhile, despite having certain advantages such as a strong industrial base and leading AI research and talent, is punching far below its weight. This state of affairs is especially due to the fragmentation of the EU’s digital market, difficulties in attracting human capital and external investment, and the lack of commercial competitiveness. Fortunately, in recent years, European leaders have recognized the importance of not lagging behind on AI and have sought to raise their ambitions. Leaders such as German Chancellor Angela Merkel and French President Emmanuel Macron have stressed the need for Europe to become a leading global player on AI, and the new European Commission has made AI a top priority for the next five years. By declaring AI a major strategic priority, several member states and EU institutions are taking steps to advance the continent’s ambitions for AI leadership
COVID-19 and biopharma in China | McKinsey – fascinating read. In particular the growth of health insurance. Up to now, one of the reasons why Chinese consumption is so low the high amount of savings to cover health costs. (Yes, I know property and parent care are also huge areas for savings). But that is why Chinese people are generally lower in credit use in aggregate and have a large amount of savings. Private health insurance could have a huge impact on future consumption patterns and act as an economic driver
Dundrum Town Centre introduces a ‘Crowd Checker’ | RTE – interesting piece of service design to support opening up of retail. Dundrum shopping centre would be the Irish equivalent of Westfield in London. It is Ireland’s largest shopping centre. RTÉ has a broadcast studio there to capture the opinion of the average Irish person as needed.
Why business in Hong Kong should be worried | The Economist – Hong Kong is trapped like the grips of vice. Its economy is dominated by finance and rent-seeking businesses – Simon Cartledge for Gavekal Dragonomics, a consultancy, because these firms are over-represented in government, “Hong Kong’s single biggest disincentive to risk-taking and entrepreneurship—its high costs, especially for property—cannot be tackled.” That is why the back-to-business message is unlikely to resonate with ordinary Hong Kongers. This is probably why Hong Kong start-ups like DJI moved to Shenzhen to found their businesses. (Frank Wang did a lot of the key work on DJI drones whilst studying at HKUST. And even benefited from a small HKUST grant. But he moved across to Shenzhen to found the business itself in 2006.) Fintech has been a bit of a busted flush. It was the latest in a long line of business ideas like wine trading, the arts and medical tourism as failed niches for Hong Kong. Singapore seems to have been much more successful in business creation and seems to be seeing more venture capital interest. Current sectors in Hong Kong likely to be affected include the legal practices specialising in commercial arbitration. Without trustworthy commercial arbitration in Hong Kong doing business in China looks much less attractive. Singapore is trying to bridge the gap, but I suspect that there might be long term corrosion of Chinese business dealings. Digital companies and foreign banks face big worries. Between the Hong Kong Autonomy Act and the Hong Kong National Security Law – Helping America to enforce sanctions would violate the security law. Not doing so would incur American penalties
Mark Ritson: In a virtual marketplace, only the strongest brands will survive – Companies see better profit margins and an almost unlimited customer base but miss the drastic reduction in barriers to entry. – so brand hyper-competition will ensue and the winner takes all model will extend beyond tech. Expect venture capital money to pour all kinds of weird industry niches as they try to pick category winners
Chinese liquor group Kweichow Moutai tumbles after graft news report | Financial Times – Moutai sales are linked to gifting and lavish consumption and some have linked the share price increase with a corresponding uplift in sales and by implication graft. The damaging bit in the article is that Moutai’s former chairman Yuan Renguo quoted saying in private that sales linked to corruption are “a normal part of business” and that China’s corruption clampdown would not reach far enough to affect the company’s business
Banning junk food from TV an ‘irrelevant symbolic gesture’ that won’t reduce obesity | The Drum – the argument whilst true won’t be believed by regulators. Their rationale would be why would junk food companies advertise if it didn’t work? The distinction of this is junk food brand fighting out with similar brands in its category won’t wash. Secondly, advertising bans worked in the past on tobacco products over time
Outrage Over China’s Treatment of Hong Kong Galvanizes the West – WSJ – Complaints about China have piled up in Western capitals in recent years, but it took Beijing’s new curbs on Hong Kong’s autonomy to galvanize them around something approaching a common cause. – In many respects its like boiling a frog in reverse, it is likely that China didn’t expect the frog to jump out of the pot, given that the heat had been on so long
Opinion | A Coronavirus Care Package From China – The New York Times – After the Communist takeover in 1949, traditional Chinese medicine was institutionalized. Folk remedies helped fulfill both a tangible need — credentialed doctors were scarce — and an ideological end: That system of knowledge is quintessentially and uniquely Chinese. Today, the Chinese government sees a political opportunity in the continuing emotional appeal of traditional medicine. If Chinese people can embrace an Eastern alternative to Western medicine, they might also be more likely to accept the Communist Party’s governance model and reject liberal democracy
Speaking in Tongues – Chinese Storytellers – such a great essay on the current challenge facing Chinese (and in particular Hong Kongers) writing for foreign audiences: a Chinese storyteller telling stories for an English-speaking audience in a divided world. As a writer who has called Hong Kong, Beijing and New Haven home, I find myself often in the position of what Zadie Smith once called “speaking in tongues”: equivocating between the lens of the insider and the outsider, examining the places I call home with both the “objective,” parachuted gaze of the foreign correspondent, and the emotionally implicated and invested eye of the local storyteller. Increasingly, that has felt impossible
Google considers alternatives to Hong Kong for undersea cable | Financial Times – Hong Kong has – become less critical for not only US cloud providers but also their Chinese rivals, according to Tao Wu, a senior research analyst for Gartner, a tech research firm. “Singapore has become much more important than Hong Kong from a location and population perspective,” Ms Wu said. “Other top cloud providers such as Alibaba Cloud are much more focused on south-east Asia to go global than expanding in Hong Kong.” – this will have a big impact for those property developers who’ve invested in data centres (internet hotels). Hong Kong’s financial position for international trading desks will also be diminished if international telecoms infrastructure starts to divert away from Hong Kong. From a pure connectivity point of view Korea, Singapore and even the Philippines start to look really good
EXP TV – not quite sure how to describe it; EXP TV is just tremendous. In their words “EXP TV daytime programming is called “Video Breaks”—a video collage series featuring wild, rare, unpredictable, and ever-changing archival clips touching on every subject imaginable. Similar to how golden era MTV played music videos all day, daytime EXP TV streams non-stop, deep cut video clips filtered through our own distinct POV. Our Nite Owl programming block features specialty themed video mixes and deep dives on everything under the sun: Bigfoot, underground 80s culture, Italo disco, cults, Halloween hijinks, pre-revolutionary Iranian pop culture, midnight movies, ‘ye ye’ promo films, Soviet sci-fi, reggae rarities, psychedelic animation and local news calamities. On any given night you could watch something like our Incredibly Strange Metal show followed by a conceptual video essay like Pixel Power—our exploration of early CGI art. Aside from our unique tone and deep crate of video materials, one thing that really sets us apart in 2020 is our format. We are *not* on demand, we are *not* interactive—just like old TV! You can tune in anytime and something cool will be on. That’s EXP TV in a nutshell. It’s funny, it’s art, it’s music, it’s infotainment, it’s free and it’s 24/7.” EXP TV reminded me a lot of the pioneering night time TV programming that used to run on British TV.
Gen Z wants brands to be ‘fun,’ ‘authentic’ and ‘good,’ study says | Marketing Dive – Gen Zers prefer brands that are authentic, with 82% saying they trust a company more if it uses images of real customers in its advertising, while 72% said they’re more likely to buy from a company that contributes to social causes. Product quality, positive ratings and reviews and customer service are the top three characteristics that establish trust in a brand among Gen Zers – really? I am sure if you asked any cohort through time of the same age that would have come out as the result. More on ‘generations‘ here
TikTok to pull out of Hong Kong – Axios – interesting how they got out ahead of Facebook, WhatsApp etc. TikTok might feel its mainland app Douyin can be swapped in. It is an interesting canary in the coal mine for Twitter, Facebook, WhatsApp etc
Interesting French short film about the future from 1947. In some ways it is a better predictor of technology usage than Star Trek some two decades later.
La Télévision, œil de demain (1947) – J.K Raymond Millet
Luckin Coffee investors oust founder | Financial Times – this looks very similar to WireGuard. The problem is that audited books can’t be trusted due to local law. And locally written analyst reports have to self-censor allowing this kind of thing to happen. China doesn’t seem to be moving to change its law in the same way that Germany is to try and protect shareholders
Facebook Suspending Review of Hong Kong Requests for User Data – WSJ – based on the Xi administration’s concerns about national security and cyber sovereignty; one can expect China to extend Great Firewall into Hong Kong with this. Which will then impact multinational companies who have traditionally used Hong Kong as an exit point for China operation VPNs. It will also affect Hong Kong’s position as a regional base. Firms would no longer want to use the data centres and backbone networks that Hong Kong has. More from the FT: Facebook and Twitter block Hong Kong authorities from accessing user data | Financial Times – WhatsApp, Facebook, Twitter and Telegram have all given the Chinese Communist Party the finger. They have a strong incentive to. Chinese drop shipping businesses like Shein or Wish will suffer more than Facebook. And it plays well in parliaments and distracts from the other troubles that they may have. China gets burnt because of its information warfare games on these platforms. Facebook et al provide Chinese marketing teams a gateway into markets around the world that WeChat and TikTok don’t – which dings the Chinese government’s economic goals
Above Avalon: Apple Is Pulling Away From the Competition – the obvious candidates missing here are Huawei, Xiaomi and the BBK firms (Oppo, Vivo etc) which have driven the smartphone market into the middle in China and opened a can of whoop ass on the premium sector overall
Philip K Dick’s Metz speech is mind blowing. It was done at an international science fiction festival in 1977, held in Metz, France.
Did China Steal Canada’s Edge in 5G From Nortel? – Bloomberg – short answer yes. Though it probably didn’t help that they had a management team that had failed to act when they were warned about infiltration, a infrastructure business reliance on the frame relay network market and partnered with Microsoft on a lot of enterprise technology. Some fantastic stuff in this article – Did a Chinese hack kill Canada’s greatest tech company? – BNN Bloomberg – in the late 1990s, the Canadian Security Intelligence Service, the country’s version of the CIA, became aware of “unusual traffic,” suggesting that hackers in China were stealing data and documents from Ottawa. “We went to Nortel in Ottawa, and we told the executives, ‘They’re sucking your intellectual property out,’ ” says Michel Juneau-Katsuya, who headed the agency’s Asia-Pacific unit at the time. “They didn’t do anything.” By 2004 the hackers had breached Nortel’s uppermost ranks. The person who sent the roughly 800 documents to China appeared to be none other than Frank Dunn, Nortel’s embattled chief executive officer. Four days before Dunn was fired — fallout from an accounting scandal on his watch that forced the company to restate its financial results — someone using his login had relayed the PowerPoints and other sensitive files to an IP address registered to Shanghai Faxian Corp. It appeared to be a front company with no known business dealings with Nortel. The thief wasn’t Dunn, of course. Hackers had stolen his password and those of six others from Nortel’s prized optical unit, in which the company had invested billions of dollars. Using a script called Il.browse, the intruders swept up entire categories from Nortel’s systems: Product Development, Research and Development, Design Documents & Minutes, and more. “They were taking the whole contents of a folder — it was like a vacuum cleaner approach,” says Brian Shields, who was then a senior adviser on systems security
