Ged Carroll

Category: legal | 合法的 | 법률학 | 法的

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.

  • ZFS + more things

    A ZFS developer’s analysis of the good and bad in Apple’s new APFS file system | Ars Technica – this is a good guide by Adam Levanthal. The thing that puzzles me is this. Apple had a working implementation of ZFS running on early beta versions of OS X and then decided not to implement it. Apple adoption of ZFS would be a major boost (it is already supported on Linux and Solaris). It takes about a decade for a file system to mature sufficiently; ZFS has that maturity and is still bleeding edge tech. Apple has a good relationship with Oracle so that wouldn’t be a problem, Larry Ellison is still the shot-caller over there and he still hates Microsoft and Google. Instead they build their own version, which has nice encryption facilities but lacks the data integrity features that ZFS has. It doesn’t seem to be about squeezing the footprint of ZFS for mobile devices either. Apple just decided to go it alone for reasons that aren’t readily apparent at the moment with APFS.

    Huawei sees building alternative to Android as insurance amid US-China trade tensions | SCMP – not a big leap from an OS point of view. The big jump would be the app store since both Google and Amazon’s app stores would be out of reach if Huawei were found guilty. A way around this would be the likes of SailfishOS which would also deal with lingering security concerns about Huawei handsets. More Huawei related content here.

    Someone might’ve hacked the company that can hack any iPhone – BGR – another reason why backdoors are bad

    Mobile advertising represents 91% of Facebook’s ad revenue | Marketing Interactive – I suspect that there is a lot of wasted ads here. Linking through to sites that aren’t mobile friendly or things that don’t work on mobile for instance

    Kraft Heinz works with JKR to introduces quirky new biscuit brand JIF JAF | Marketing Interactive – Kraft Heinz launching product in China going head to head with Mondelez; that spun out of Kraft….

    British adults using Facebook less to communicate with friends | Technology | The Guardian – according to Ofcom there is also a wealth divide in how Britons use the internet, with poorer individuals more likely to rely solely on a smartphone to get online and have “lower levels of online confidence and critical understanding”.

    APAC markets exceed global benchmarks for viewability, brand safety | Digital | Campaign Asia – fraud rates for campaigns that optimised against fraud remained relatively flat, showing optimisation efforts are paying off by keeping fraud rates low. Singapore and Hong Kong had higher fraud risk at 20.7% and 14.0% respectively, because ad fraudsters tend to follow where the digital spend goes and where CPMs are higher.

    Can This System of Unlocking Phones Crack the Crypto War? | WIRED – this sounds dodgy AF. If the US gets access, every country gets access

    Facebook beats in Q1 and boosts daily user growth to 1.45B amidst backlash | TechCrunch – basically people don’t care if Facebook invades their privacy or usurps their government. All of that is a mere bagatelle

    AMD earnings confirm it’s biting into Intel’s market share | VentureBeat – it likely won’t be permanent

    Addressing Recent Claims of “Manipulated” Blog Posts in the Wayback Machine | Internet Archive Blogs – interesting hack that should be in the tool bag of reputation managers

    U.S. DoJ probing Huawei for possible Iran sanctions violations: WSJ – interesting that they are getting dinged for similar things to ZTE. Stopping US vendors from selling to Huawei would be a bit less impactful than on ZTE. But it would retarget the Huawei R&D budget away from innovation to replacing American component technology and engineering services currently provided by the likes of Ciena or Qualcomm. This actually fits neatly with Mr Xi’s China 2025 manufacturing initiative that is designed to free the country from relying on international suppliers.

    Amazon is releasing a new Alexa gadget specifically geared toward kids – Recode – but what about the privacy settings?

    Meet John Hennessy and Dave Patterson, Silicon Valley’s first disruptors | Recode – great read about when Silicon Valley actually made silicon and solved ‘hard’ innovation problems, rather than sociopathic web services. You couldn’t have your modern computer or your smartphone without Hennessy & Patterson

    Nike’s Converse Loses Chief Marketer to Supreme | BoF – not that Supreme really needs marketing with its over-subscribed drops. Unless they are changing direction to become more mass affluent?

    A French billionaire is being investigated for bribing African officials for lucrative contracts | Quartz – this surprised me. France has used businesses like Total and Elf with the likes of Jacques Foccart to keep a relationship and control in the Francophone. Why are they turning on Bollore now? Especially odd when you think about how China is pushing western interests out of the continent

    Electric Autos – Long life – I think it’s more complex, depending on vehicle range and driving patterns will factor into demand. Of course the shit is really going to hit the fan when lithium ion technology fails to provide for transport needs like long distance heavy goods vehicles, becomes too expensive and essential materials become too rare. There is likely to be a pivot to hydrogen combustion engines or hydrogen fuel cells due to superior energy density. The economics around risk, infrastructure and other capital costs will change.

  • GDPR resources

    Partly due to Cambridge Analytica, General Data Protection Regulation (GDPR) is going to have a more profound impact on data usage globally. GDPR would have been seen as an extra-legal reach, but Facebook is making it look like a good idea.

    I thought I would pull together a few resources that I thought would be of interest around GDPR since there is a lot of snake oil being sold as consultancy around it at the moment. I am not going to pretend that I am an expert, so I thought it would be useful to share some of the GDPR related resources that I have been looking to learn from.

    Not only in terms of what the regulation is, but what techniques can be deplored to act in the spirit as well as the letter of regulations. Demonstrating a basic respect for the consumer won’t harm any brand, but might point to badly designed KPIs that direct and digital marketers might be measured from.

    Andreessen Horowitz put together a good podcast on it.

    Privacy by Design – The 7 Foundational Principles by Ann Cavoukian, Ph.D. (PDF) – is a must read paper for creative agencies and product teams. It is based on work that was started in the late 1990s. Cavoukian lists a site as a reference ‘privacybydesign.ca’ – but that seems to be down.

    1. Start by thinking about privacy by design from the start or as Cavoukian says preventative rather than remedial, proactive rather than reactive
    2.  Privacy as the default setting
    3. Privacy embedded into the design of systems and processes (which sounds like a reinforcement of her first point
    4. Not viewing consent in terms of a zero-sum
    5. Privacy secured throughout the lifecycle from end to end.
    6. Being open and transparent about processes to keep the organisation honest and stakeholders informed
    7. Respect for user privacy based on a user-centric ethos

    Via James Whatley’s newsletter this article on UX –  GDPR: 10 examples of best practice UX for obtaining marketing consent seems to be complementary to Cavoukian’s work. This is in sharp contrast to the dark patterns often used to force consent by many sites.

    More related posts here.

  • Voice activated coupon + more news

    Voice activated coupon

    Google’s First Voice Activated Coupon – WPP – Google distributed its first voice-activated coupon offering customers $15 off Target purchases placed on Google Express through Google Assistant –through desktop, mobile or Google Assistant enabled devices – I am surprised that Amazon didn’t introduce the voice activated coupon before Google.

    Beauty

    SK-II finds success in selling to younger Chinese: P&G | Advertising | Campaign Asia – luxury brand with an on ramp for college students

    China

    China Bans Online Bible Sales as It Tightens Religious Controls – The New York Times – I am concerned about Vatican appeasement of China. It looks like Neville Chamberlain

    Consumer behaviour

    Headline from China: Purchase Restriction and Red Streetwear | Jing Daily – interesting how streetwear brands are being cleared out of the way by the Chinese government to support Chinese originated brands

    How Americans Self-Sort Themselves by Age and Class – CityLab

    Culture

    The Overwhelming Emotion of Hearing Toto’s “Africa” Remixed to Sound Like It’s Playing in an Empty Mall | The New Yorker

    Molly Ringwald Revisits “The Breakfast Club” in the Age of #MeToo | The New Yorker – good read, what I remember is how those films nailed emotion

    Japan

    Japan to place accident liability on self-driving car owners – Nikkei Asian Review – makers liable only in case of a system flaw

    Online

    China’s Didi Chuxing prepares to launch Mexico operations | HKEJ Insights – China going global

    RSS is undead | Techcrunch – no RSS is alive, but Techcrunch haven’t worked out issues the RSS users have already. Much of the issues are solved by using NewsBlur and finding sources is organic rather than an instant end state. More online related topics here.

    Security

    Could Cambridge Analytica boss be probed for Philippine meddling? | SCMP  – This could get interesting. Putting aside arguments about whether Cambridge Analytica’s technology actually works as promised, Philippines law would still have been broken. It forbids all outside parties from participating in its election process.It is alleged that they were supporting Duterte, which would make the foreign reaction to it interesting as well.

    Technology

    ARM Mac: Piece of Cake Or Gas Refinery? – Monday Note – assumes that there will be a transition, which I am not convinced about

    API and Other Platform Product Changes – Facebook for Developers – reduces information that can be taken out to beef up privacy

    Wireless

    Smartphone shipments fall again in Q1 | Shanghai Daily – China looks saturated in terms of smartphones

    Cell Spotting: Studying the Role of Cellular Networks in the Internet by Rula, Bustamante and Steiner – (PDF)

  • Norman Winarsky & other news

    Norman Winarsky

    What Siri creator Norman Winarsky thinks of Apple’s Siri now — Quartz – not terribly surprising. Norman Winarsky is now a partner at a number of Silicon Valley venture firms. Whilst he is better known in business space now as a lecturer on business, entrepreneur and VC, he is an academic at heart.

    138099683SV004_The_5th_Annu

    Norman Winarsky studied and eventually ended up with a doctorate in mathematics. He started his private sector career at RCA Research (RCA’s answer to Xerox PARC or IBM Research), he had a career there for a number of decade as that moved through various owners. Eventually it became the east coast campus of SRI. Norman Winarsky went on to help found the SRI process for spinning off businesses and technology licensing. He was a co-founder of one of those businesses: Siri – that was bought by Apple. It will be interesting to see if Norman Winarsky has another high impact idea in him moving forwards. More related content here.

    Business

    Trinity P3 and Mark Ritson analysis: Digital commissions more profitable for media agencies – Campaign Brief Australia – commission-based fees, incentives, free ad space and bonuses media agencies can earn as a percentage of an advertiser’s ad spend range from about 7 per cent to 10 per cent with Google and Facebook on average, whereas television, radio, newspapers and outdoor media pay about 3 per cent.

    That’s the key finding from an analysis of regional and global agency deals by global marketing management consultancy Trinity P3 and Mark Ritson

    Alibaba rival JD.com posts first annual profit as a public company | TechCrunch – The company’s fiscal profit was helped by a surprise $35 million profit in Q1 and a lucrative Q3 quarter in which it posted a RMB 1 billion ($151 million) profit thanks to its own efforts on Single’s Day, China’s online shopping bonanza. The company posted a RMB 909.2 million (US$139.7 million) loss for Q4, but that marked a 28 percent decrease year-on-year.

    While Alibaba has a higher profile — with enormously profitable quarters — JD.com has quietly built out its e-commerce by expanding into financial services, offline retail and more

    Consumer behaviour

    This Chinese billionaire felt lost in US without WeChat, mobile payments | South China Morning Post – The chairman of Legend Holdings, the controlling shareholder of Lenovo, said China was now comparable to Japan and ahead of the US in terms of mobile internet technology, digital content and innovative business models.“If you haven’t stayed abroad for a long time, you might not understand [the difference],” said Liu, citing his recent experience in the US.
    His insights give credence to how Chinese technology companies have cultivated a hi-tech universe so large that it exists almost exclusively on its own – sustained by the country’s 1.4 billion people – but cut off from the rest of the world by Beijing’s Great Firewall, which blocks content not approved by the government. – the problem is that Chinese systems are ‘Galapagos’ technologies

    Where Millennials end and post-Millennials begin | Pew Research Center – defining gen-y and gen-z

    Design

    Range Rover’s $295K SV Coupe Has 2 Doors, Makes Some Sense | WIRED – I’d personally prefer an old Range Rover CSK, but it makes sense

    Ideas

    What are creative strategy craft skills? – David J Carr – Medium – well worth a lunchtime read

    But Where Will the Mall Walkers Go? – Racked – interesting how malls public private space role isn’t discussed that much in the retail apocalypse

    Innovation

    Japanese “mommy” team gives wake-up calls to adults so they won’t be late for work【Video】 – inspired idea by Japanese mobile network Au

    Legal

    BlackBerry suing Facebook for patent infringement | CNBC – “Blackberry’s suit sadly reflects the current state of its messaging business. Having abandoned its efforts to innovate, Blackberry is now looking to tax the innovation of others. We intend to fight,” Facebook general counsel Paul Grewal said – you see Facebook has sucked the blood out of other businesses for too long. I have little sympathy with them in this suit. It will be interesting to see how robust BlackBerry’s patents are and whether it would be cheaper for Facebook to pay them off or buy the business outright. The question is who is next after Facebook in Blackberry’s legal sights?

    Luxury

    Balenciaga is Putting its Money Where its Logo-Covered Hoodie Is for F/W 2018 | The Fashion Law – garments on the brand’s runway bore a phone number, +33156528799, which turns out to be Balenciaga’s “new hotline.” Call the number and you can answer a 20-question survey, inquiring about your age, primary language, height, and shoe size, as well as your favorite form of transportation, type of music, season, taste (your options are: Bitter, Salty, Sour, Sweet, or Umami), and so on.

    A way for Balenciaga to better understand its customers? Maybe. Considering that the message is ends with the following note: “Thank you for taking the time to answer our questions. All data will be erased now,” I, for one, am guessing this is more interactive experience than fact gathering mission. If we have learned anything over the past several years, it is that “experiences” are everything to the modern-day consumer – I can imagine a choir of marketers howling in a symphony of pain about this

    Meet the billionaire millennial pouring money into British fashion… and she’s only 27 | Telegraph Online – ‘My generation has completely different shopping habits,’ says Yu. ‘People born in the 1960s and ’70s buy into established brands such as Dior and Chanel. For them, it’s about showing status and where they fit into society. But my generation isn’t into logos – it’s not cool, it’s too obvious. [And] we prefer to shop online. We’ve become very interested and hungry for young, emerging designers.’

    Marketing

    World Consumer Rights Day is Back. Prep Your PR Team | Jing Daily – it will be interesting to see who the government wants to lash out at this year, there is expectations that it will be luxury brands

    P&G’s Marc Pritchard calls for ‘fewer project managers’ at agencies as he vows to destroy ‘maze of complexity’  – “For media, data and analytics is enabling us to bring more media planning in-house, replacing multiple layers,” said Pritchard. “When it comes to buying, our purchasing people can negotiate with the best of them, so we’re doing more private marketplace deals in-house. And if entrepreneurs can buy digital media, why can’t the brand team on Tide, Dawn and Crest be entrepreneurs and do the same? They can, and they will.”

    He explained that P&G wants and needs brilliant creatives, and will invest in such talent. But “creatives represent less than half of agency resources, because they’re surrounded by excess management, buildings and overhead.”

    Media

    Time for news to fight back | The Australian – Mark Ritson arguing that that agencies may be pushing clients into digital media because it can result in greater commissions for the agencies — in some cases almost 3 times greater than for traditional media (paywall)

    Retailing

    Smartphone users are spending more money each time they visit a website – Recode – The amount of money people spent per visit to online retailers has increased 27 percent since the beginning of 2015, according to new data from Adobe Analytics. Meanwhile, the length of smartphone website visits has actually declined 10 percent

    Technology

    Geneva Auto Show – Own goals | Radio Free Mobile – I’d also argue that the exclusive focus on Li-ion batteries rather than hydrogen fuel cells is also an issue

    Toyota set to end production of diesel cars | RTE – hydrogen fuel cells make more sense than lithium ion batteries

    Silicon Valley Is Over, Says Silicon Valley – The New York Times – In recent months, a growing number of tech leaders have been flirting with the idea of leaving Silicon Valley. Some cite the exorbitant cost of living in San Francisco and its suburbs, where even a million-dollar salary can feel middle class. Others complain about local criticism of the tech industry and a left-wing echo chamber that stifles opposing views. And yet others feel that better innovation is happening elsewhere – like Shenzhen? I think a lot of the problem with Silicon Valley is that it doesn’t build hardware any more. Bright people are mobile for the right pay, what you can’t easily do is the kind of commercialisation and manufacturing speed as a feedback loop like you see in Southern China

    Wireless

    Best smartphone cameras: iPhone X, iPhone 8, Samsung Galaxy S8 – Business Insider – this must be a blow to the likes of Huawei, I’d consider using this in attack ads depending on market dynamics

  • Counterfeit on Instagram

    I’ve noticed new counterfeit accounts popping up on Instagram over the past few months. Below is screenshots taken from one example account focused on The North Face as a brand.

    Untitled

    Interesting photoshoot shots probably re-grammed from the brands marketing materials or a magazine shoot. Looking at these pictures they maybe from marketing materials aimed at the Japanese market. Why Japan? It makes live easier for the counterfeiters in a number of ways

    • The sites are likely built by people who read Chinese as their first language. That means that a lot of Japanese writing is somewhat intelligible to them
    • Japanese marketing teams tend to do better photoshoots
    • Japan has a reputation for Japan market only exclusive products that are more attractive than those sold in Europe. The North Face’s Purple Label and Black Label lines started out as Japan market exclusives

    When you move from the Instagram account and go through to the site to buy your items….

    Untitled

    You come through to a great convincing looking site design. Only the URL (northfacew.com) and the artificially low prices give away the counterfeit nature of the goods on sale. For customers that aren’t as sophisticated Facebook now has its classifieds section. Think Gumtree but inside Facebook. That provides a great opportunity for your more traditional local sellers of snide goods.

    Here’s a second example of counterfeit product on Instagram. This time they are counterfeit versions of A Bathing Ape (BAPE) streetwear label and their iconic shark head hooded top.

    Untitled

    This time they are selling the products through Amazon merchants accounts. While Amazon would kill to have premium and luxury streetwear brands like BAPE and Supreme on their website. That isn’t going to happen due to these brands embracing the ‘drop’ model of limited product disruption.

    Untitled

    Untitled

    Instagram has a lot of heat from brands, but this could turn very quickly when they realise that Instagram can be a facilitator of counterfeit products sales. This could shimmy a lot of brand advertising on Instagram

    Look at how Alibaba and eBay have been vilified in the past. The Amazon merchant scheme like eBay should be doing more against these vendors, which are predominantly small to medium sized Chinese companies.  If this was 30 years ago, these goods would have been coming from similar companies in Thailand and South Korea.