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.
Hong Kong Stock Market filing – the Company (China Renaissance Holdings – *added this for clarity) has been unable to contact Mr. Bao Fan (“Mr. Bao”), Chairman of the Board, Executive Director, Chief Executive Officer and the controlling shareholder of the Company. The Board is not aware of any information that indicates that Mr. Bao’s unavailability is or might be related to the business and/or operations of the Group which is continuing normally (PDF) – Bao Fan has been incommunicado for a number of days. He is not responding to messages. While its unusual and considered bad practice having the same person as chairman and CEO, in China its more common. So Bao’s dual role at China Renaissance Holdings isn’t unusual. But that is the least of the worries that western investors will have about China Renaissance Holdings at the moment.
Meituan delivery workers waiting for the food to be prepared
Some thoughts:
China Renaissance Holdings has been involved in funding some of China’s biggest technology companies including Didi (think of Lyft or Uber as a western analogue) and Meituan (Deliveroo, Doordash or Just Eat equivalent.
Didi in particular seems to have gained the wraith of the Chinese government. Some of this feels to be down to sexism due to the company having a connected female president Jean Liu. The party leans more toward the Andrew Tait school of feminism
Mr Bao Fan’s disappearance evoked memories of Jianhua Xiao and his company Tomorrow Holdings. Xiao was snatched and smuggled out of his apartment in the Four Seasons in Hong Kong back in 2017. Xiao for a few years all that people knew was that he was wheeled out of the hotel asleep in a wheelchair despite having a security team. He then spent a few years ‘helping‘ authorities unwind his business Tomorrow Holdings. Finally, he got sent to prison for 13 years with charges including embezzlement and fraud. If this happens with China Renaissance Holdings, or any of the prominent companies that it has as clients like Meituan there would be a shockwave, even through the most pro-China of foreign investors like Bridgewater Capital or Goldman Sachs
Bao Fan is one of several executives who were disappeared for a while. The most prominent executive who disappeared from the public eye was Jack Ma. Ma then stepped back from his businesses. If Bao steps back from China Renaissance Holdings, the Chinese tech sector will lose an investment rainmaker. China Renaissance Holdings maybe unwound or its assets handed over to state-owned banking institutions
What happens next will likely impact western sentiment towards Chinese investment in the short to medium turn, but financial institutions are still seduced by the ‘Chinese opportunity’. And the smart money this time might be wrong
RUSI put together a great presentation on the nature of illicit finance from the perspective of terrorism and terrorist states including Russia and the People’s Republic of China. The foundations of illicit finance seems to be the offshore financial structures that were build up by the United Kingdom in the post-war period to capture the EuroDollar market.
In some ways this lecture on Illicit finance felt very familiar. It is exactly the same structures that John Le Carre outlined in his post-cold war novel Single and Single. The nature of illicit finance was also covered in Michael Oswald’s documentary The Spider’s Web – Britain’s Second Empire. This linkage was not lost on the audience attending the talk.
The concerns about illicit finance now are because these structures are being used to attack democracies at their core and buy influence for hostile states such as Russia and China. It is like the west is slowly awakening from a slumber as its enemies try to slit their throat.
Riding the slow train in China | The Economist – As Mr Xi enters his second decade as supreme leader, his sternly paternalist version of Communist Party rule seeks to draw ever more legitimacy from the provision of customer-friendly public services, supplied via modern infrastructure. In the case of China’s railways, at least, that promise of order and efficiency has been kept.
Wintershall’s empty bank accounts expose plight of western companies still in Russia | Financial Times – “We helped create a very powerful and dangerous Russia without being cognisant of the risk,” he said, while acknowledging that the country had done its best to remedy this in the past 12 months. And he said BASF risked repeating its Russian mistake in China. “What I’m really surprised about, and almost upsets me, is that while this is all happening . . . BASF decides to invest €10bn in China,” he said, referring to a planned chemicals complex that will be the company’s largest ever foreign investment. “That’s the most upsetting part,” he said. “That we don’t learn from it.” – this quote from Thomas Schweppe of 7Square nails the problem neatly
Finance
Thousands of offshore companies with UK property still not stating real owners | Tax havens | The Guardian – wealthy businessmen, Gulf royalty and states such as China have legally bought up billions of pounds of mostly London property, often via jurisdictions such as the British Virgin Islands (BVI) and the Channel Islands. Stephen Abbott Pugh, head of technology for Open Ownership, a non-governmental organisation focused on beneficial ownership transparency, said the fact that so many of the offshore companies are declared as owned by other companies or trusts means “the public still aren’t able to easily discover the people behind those companies in many cases”. “With access to many European beneficial ownership registers being shut off following a 2022 court ruling, the Register of Overseas Entities shows how useful public data is for tracking how offshore money is used to buy assets,”
Health
The 1964 House Report on how smoking affected the health of Americans went around the world. Sales dropped 30 percent in a week, and then picked up back to normal after existing smokers addiction kicked in.
How Microsoft’s Stumbles Led to Its OpenAI Alliance — The Information – For more than a decade, Microsoft Research, the company’s in-house research group, has touted artificial intelligence breakthroughs such as translating speech to text and software that could understand human language or recognize objects in images. But the company’s effort to commercialize its AI research moved at more of a crawl – this was at the centre of Microsoft’s innovation narrative for the best part of two decades. It’s embarrassing
Inside the secret Facebook groups where women review men | Dazed – then there’s the whole other side of ‘Are We Dating The Same Guy’, which is a lot more ethically ambiguous. Is it ever OK to publicly share someone’s photos and private conversations without their consent? Or in other words, to ‘doxx’? There’s a clear power differential, but if genders were reversed and guys were exposing females to strangers on the internet, it’s unlikely we’d see the group in such a positive light. “If a boy posted me and people were writing ‘red flag’ in the comments, I would genuinely be quite hurt,” says Tara, 20. She notes how, sometimes, users make particularly unfair remarks: for example, they’ll lambast a date for having “shit chat”, or “[talking] like a 60-year-old dad”.
Getting Personal With State Propaganda – China Media Project – Nanchang Aviation University (南昌航空大学), located in China’s southern Jiangxi province, announced that it had launched the “Jiangxi International Communication Research Center” (江西国际传播研究中心) in cooperation with the China Media Group, the state media conglomerate formed in 2018 directly under the CCP’s Central Propaganda Department. According to coverage by China Education Daily, a newspaper directly under the Ministry of Education, the new center is an experiment in combining central CCP media and universities (央媒+高校) to carry out international communication by using the “overseas student resources” (留学生资源) of the university.
The buzz in part of our office about Midjourney has subsided to be replaced by buzz about ChatGPT, rather than Christmas. ChatGPT is is a software application used to conduct an on-line chat conversation via text. ChatGPT was considered to be a superior example of a chatbot down to the power of machine learning used in creating the content.
I was curious about how good ChatGPT actually was given the following commentary from The Verge:
The primary problem is that while the answers which ChatGPT produces have a high rate of being incorrect, they typically look like they might be good and the answers are very easy to produce
Vincent, J. (2 December, 2022) AI-generated answers temporarily banned on coding Q&A site Stack Overflow | The Verge
The Verge article was interesting. Most of the places where chatbots might be needed: providing customer services, regulated industries like finance would suffer from confident, but incorrect answers being provided to customers.
Secondly, media outlets decided that ChatGPT was a potential Google challenger, with outlets like CNBC comparing the two and equity analysts at Morgan Stanley feeling the need to come out and say that ChatGPT was not likely to replace Google.
Sample of conversation
Google’s innovators dilemma
What became quickly apparent Google’s narrative about being an innovator full stop, has been threatened by ChatGPT. Google as an incumbent is now stymied by Clayton Christiansen’s Innovator’s Dilemma. Google is no longer cool, its conversation related products are seen to be behind the curve and the company is seen as being too big to out-innovate itself easily.
So what’s ChatGPT like to use?
I have shared a picture of some of the better responses I had from the service. I started off with a certain amount of ambition. I asked it about who it felt might win the current war in Ukraine. I found that the training set of data used to power it was finished in 2021. This was obviously done to filter out the worst of the internet from the content, getting around rather than solving problems that previous chatbots have suffered from like Microsoft’s Tay project.
Eventually I managed to get on to safer ground for ChatGPT. It answered questions about what an AI winter was, whether fuzzy logic is a form of artificial intelligence (it is), whether Baye’s Theorem was a form of AI (it isn’t per se, but it is employed to solve some AI problems there similar to the kind of uncertainty challenges fuzzy logic solves.
ChatGPT said that AI (like Bayes Theorem) could be used to provide a solution to buffer bloat – which massively increases the latency on data networks.
I found out quantum computers could make an optimised AI more power efficient and the business expert systems popularised in large companies during the 1980s and 1990s were analogous to modern day AI systems.
It reminded me a lot of content I had read on Summly, the mobile news app that mashed up an AI service API with news sources to summarise articles. This start-up was bought by Yahoo! a decade ago.
In this respect, I do wonder whether ChatGPT is truly the quantum leap forward that many seem to think, or is it merely a reminder of how well understood technology can be applied in different ways?
Can India build a military strong enough to deter China? | Financial Times – I think that this is down to the lead China has in manufacturing capability and innovation as much as anything else. There is a substantial risk that India could lose many of its northern provinces in theory. In theory being the operative phrase here. Ukraine has show what’s possible with people fighting for their homes. It makes more sense for India to think about assymmetric and grey zone tactics at scale to bleed China’s financial and human lifeblood. From hacking well in advance of a conflict, to militias trained and equipped for guerrilla actions allowing for attack in depth once China crosses the threshold.
China boosts military aid to Africa as concerns over Russia grow – Nikkei Asia – China has kept its forces from direct engagement in crises in Africa as part of its noninterference policy, it has also taken an increasingly high profile in United Nations peacekeeping missions. It has sent more than 1,000 troops, police and specialists to oil-rich South Sudan, for example. “When Chinese interests were threatened by insurgencies in Nigeria, China issued a statement, as it still lacks the military commitment. This can, however, change in the future,” Ali said. Experts say China is more focused on economic and national security interests than on peacebuilding. Beijing prefers strategies centered on development that help to alleviate poverty and provide stable governance, but do not necessarily advance protection of individual rights and free markets. But this growth-first attitude may be counterproductive over the long term. In the Democratic Republic of Congo, China has a very close relationship with the government, but attacks in the resource-rich east of the country by a number of rebel groups pose threats to its mining interests. “Insurgencies happen as the product of social exclusion,” Nte said. “There must be a stable political climate to address economic degradation caused by the wrong policies.”
UK economy rebounds by more than expected in October | Financial Times – the second largest contributor to growth in October was performance of the health sector in administration of vaccine boosters and flu shots, the biggest sector was construction. But construction has started to slow since then with sites halting work in November
How Putin’s technocrats saved the economy to fight a war they opposed | Financial Times – tough moral questions to be asked. However, Central Bank governor Nabiullina’s moral calculus reminds me a good deal of convicted German war criminal Albert Speer, in particular the “Speer Myth”: the perception of him as an apolitical technocrat responsible for revolutionising the German war machine. The close alliance with Iran should allow both countries to pool expertise in sanctions busting.
Meanwhile air travel is going great guns according to airlines like Lufthansa who are bringing back their Airbus A380 jumbo jet airliners.
Hong Kong media mogul Jimmy Lai’s sentence casts chill over relaunch, analysts say — Radio Free Asia – “If you can’t say anything anyway, then you might as well locate [your office] in mainland China,” Chow said. “Using Hong Kong as a jumping-off point to the mainland is a waste of money, because rents are much more expensive than in mainland China.” – there is also the tax aspect (expats pay much more tax in Mainland China) and a transferrable currency, but otherwise the point is pretty valid
A Vibe Shift Is Coming. Will Any of Us Survive It? – In the culture, sometimes things change, and a once-dominant social wavelength starts to feel dated. Monahan, who is 35, breaks down the three vibe shifts he has survived and observed: Hipster/Indie Music (ca. 2003–9), or peak Arcade Fire, Bloc Party, high-waisted Cheap Mondays, Williamsburg, bespoke-cocktail bars; Post-Internet/Techno Revival (ca. 2010–16), or the Blood Orange era, normcore, dressing like The Matrix, Kinfolk the club, not Kinfolk the magazine; and Hypebeast/Woke (ca. 2016–20), or Drake at his Drakest, the Nike SNKRS app, sneaker flipping, virtue signaling, Donald Trump, protests not brunch
Amazon’s heroic phase is over | Amazon Chronicles – My first theory is that capitalism doesn’t stop evolving. The evolution of the microprocessor, digital computing, the internet, the personal computer, the World Wide Web, and the tech giants that have emerged in their wake are all transforming capitalism as we experience it and the culture produced by it in ways we don’t even fully understand. These are the biggest companies in the world and the ones with the greatest impact on how we think, work, shop, and communicate. You can’t understand capitalism in the twenty-first century without understanding how technology is changing it. I think this theory is pretty uncontroversial. It’s certainly not new. My second theory is that the arc of capitalism traced by Marx and Lukács and others writing in their tradition can also be retraced on a smaller scale. Like those early modern bourgeoisie, big tech has moved from its initial chaotic and subterranean strivings, to a heroic universalist phase where it championed political and economic liberation. Now these companies are consolidating their dominance by reducing or eliminating their workforce, shifting away from consumer goods, and brokering compromises with state power.
Carl Schmitt was a German jurist, legal theorist and political theorist. The common narrative around him is that he came up with the legal principles that justified most of Nazi Germany’s greatest excesses. His work has also been used to justify the Xi-era legal system in China with legal thinking leaning heavily on the work that Carl Schmitt did. But there is more to the Schmitt story than that.
Conservative state theory
While the current Communist Party of China thinkers see Schmitt as a like mind, the German legal system and Schmitt’s legal system would have appealed to China from the founding of modern China with the monarchy being deposed, through warlord era though to the leadership of the Kuomintang. Germany had consolidated into a modern nation and built an empire in a relatively short space of time thanks to its legal system and a conservative state theory.
Cautionary tale of the Weimar Republic
Post World War One, the Weimar Republic put checks and balances on the government through the courts, which was seen as a negative given the relative performance of the country. Into this political change came Carl Schmitt. Ryan Mitchell does a good job at bringing Carl Schmitt’s story to life and talk through his relevance to China through the years.
Moving forward to Xi-era China, the Weimar Republic that Carl Schmitt lived in looks like a living nightmare in the the same way that German Empire looked like an exemplar. Secondly, socialism didn’t provide an appropriate legal system for Communist China, so they adapted the German system that the Kuomintang had used previously with Chinese socialist characteristics that Hitler would have approved of.
Carl Schmitt comes across as a more complex figure than he has been recently portrayed.
Consumer behaviour
How to make friends as an adult | The Face – really interesting that The Face felt that they had to write this article. I made some of my long term friends in London during my late 20s and early 30s. Many of the readers will also have friends from college or university as well. It implies that they aren’t socialising at house parties, going to concerts, club nights or bars. Work also seems to be a spartan supply of friendships.
HSBC strains reach breaking point | Financial Times – Last week, a row between HSBC and its largest shareholder, Chinese insurance group Ping An, spilled into the public arena after Michael Huang, chair of the insurer’s asset management unit, told the Financial Times the bank should break itself up and be “far more aggressive” in its cost-cutting. The extraordinary dust-up, brewing in private for several years, according to people close to the bank, first came to light in the spring when it emerged that Ping An had told HSBC management they should pursue a break-up. HSBC has largely sat on its hands in the interim, fuelling growing frustration at Ping An. “The global finance model that once dominated and shaped the global financial industry in the last century is no longer competitive,” Huang told the Financial Times. “Just divesting a few small markets or businesses” would not be enough to address the challenges. He urged the bank to “adopt an open attitude by studying the relevant suggestions carefully and prudently [ . . .] rather than attempting to simply bypass and reject them”. Ouch
Ireland
‘There’s not many left now’: census shines spotlight on Britain’s dwindling Irish community | Immigration and asylum | The Guardian – The Irish came in waves that started in the 19th century and continued through the Great Depression, the post-war boom, the swinging 60s, the Thatcher era and into the 21st century, one of the great migrations. Many were unskilled labourers, or navvies; others were plumbers, teachers, nurses, dentists, writers and entertainers. Some became famous – Oscar Wilde, Fiona Shaw, Graham Norton – or had children who became famous – Shane MacGowan, Morrissey, Piers Morgan. However, last week brought confirmation that the Irish community, for so long Britain’s biggest source of immigration, is withering. Census figures showed the number of Irish-born people living in England and Wales last year numbered 324,670, a fall of 80,000, or 20%, from a decade ago, when they numbered 407,357. The UK’s Office for National Statistics says this is a long-term trend that started in 1961, when the Irish-born population peaked at 683,000, more than double the current number. Once the biggest group of those born outside the UK, the Irish are now fifth behind India, Poland, Pakistan and Romania
The relationship between word count and engagement | Chartbeat Blog – Our analysis shows that up to almost 4,000 words, the longer article, the more engaging it will be. If your articles are falling short of the benchmarks we’ve shared, a real-time optimization tool like our Heads Up Display can show you how far readers are scrolling and give you an opportunity to make changes at the point of exit. Beyond 4,000 words, variability in engaged time grows, but that doesn’t mean there’s a ceiling. As we see with our year-end list of the most engaging stories, unique topics can require more depth than daily reporting. This doesn’t mean you should shy away from covering them. It just means you’ll need to devote more attention to optimizing these pages for engaged time.
Airbnb Says Its Focus on Brand Marketing Instead of Search Is Working – WSJ – Airbnb Inc. said its strategy of slashing advertising spending, investing in brand marketing and lessening its reliance on search-engine marketing is continuing to pay off. Its marketing spending is now low enough that it doesn’t anticipate drastic reductions even if economic headwinds worsen next year, it said.– some really interesting feedback that implies Google has lost its position as the front door of the web despite dominance in both mobile and desktop browsers
Apple’s hope for record quarterly sales damped by Zhengzhou restrictions – Apple continues to see strong demand for iPhone 14 Pro and iPhone 14 Pro Max models, and expects lower iPhone 14 Pro and iPhone 14 Pro Max shipments than previously anticipated, adding that customers will experience longer wait times to receive their new products. Apple said it is working closely with our supplier to return to normal production levels while ensuring the health and safety of every worker. According to Barclays’ research notes, the COVID outbreak in Foxconn’s Zhengzhou plant, which accounts for 70% of worldwide iPhone production, is estimated to affect the output of 10-12 million iPhone Pro models for the fourth quarter of 2022. Meanwhile, Deutsche Bank Securities said in a research note that according to Apple’s 10-K document filed on October 28, the company had manufacturing purchase obligations of US$71.1 billion for the third quarter, up 65% annually and 30% quarterly – a sign leading Deutsche Bank Securities to believe that Apple forecasts better iPhone growth than last year. Manufacturing purchase obligations represent non-cancelable purchase orders of components ahead of unit sales and typically covers periods up to 150 days
Ernest Shackleton, the Irish explorer and the heroic age of antarctic exploration are evoked in Apple’s ads for its Apple Watch Ultra – a rival to Casio’s G-ShockMaster of G range and the Protrek range, Seiko’s similarly named Prospex range and Citizen’s Promaster range of watches.
https://youtu.be/tidgsqAf_tI
The underlying dialogue uses the text to a newspaper advert attributed to Shackleton when he was looking to recruit crew members for his ship the Endeavour. The Endeavour expedition competed with the rival Roald Amundsen’s expedition to reach the South Pole.
The monologue also reaches back to the way Apple did its Think Different brand campaign rather than the kinetic iPhone, iPod and iWatch ads of the past.
Men wanted for hazardous journey. Low wages, bitter cold, long hours of complete darkness. Safe return doubtful. Honour and recognition in event of success.
The reality is that the ad didn’t become widely known until decades after Shackleton had died. There is no evidence to suggest that he ever wrote the words (stirring though they are in nature), or that the advert was ever published by Shackleton.
Instead of Shackleton, who then wrote the words attributed to him? We’ll probably never know. What we do know is that they were first published in a book published in 1959. The 100 Greatest Advertisements: 1852-1958 written by Julian Lewis Watkins and was first published by first published by Dover Publications, Inc. Whether it was Shackleton who wrote them or not, they went into popular culture and sparked additional interest in the Irish explorer. Shackleton died in 1921 when returned to the Antarctic with the Shackleton–Rowett Expedition, he suffered a fatal heart attack while his ship was moored in South Georgia. We don’t know whether Ernest Shackleton would have appreciated the Apple Watch Ultra as a technical marvel concocted by wondrous boffins, or a pointless exercise in frippery for the serious explorer.
Rolex Deepsea Challenge – a watch even more worthy of Shackleton?
I know a watch is special when my Dad is telling me about it as soon as it’s launched. Rolex has upgraded its Rolex Sea-Dweller Deepsea to create the Rolex Deepsea Challenge. Out goes the largely useless date window, in comes an an all titanium grade 5 alloy case that’s 50mm across. This means that the watch moves from being waterproof of a depth of 3,900 meters to 11,000 meters (or just over 6.8 miles) with the new Deepsea Challenge.
The Deepsea Challenge watch follows on from the years of experience that Rolex has had making titanium watches under its secondary Tudor brand using a similar (if not the same) grade 5 titanium.
Titanium Grade 5 is the most widely used titanium alloy. It has (relatively) good hot formability and weldability. It is resistant to salt water, marine atmosphere and a variety of corrosive media temperatures below 300 ° C. Grade 5 titanium alloy is most likely to be accepted by the human body – its hypoallergenic and ideal for medical transplant components like hip joints.
It is made up of 88.74-91.0 percent titanium, 5.5-6.75 percent aluminium, 3.5-4.5 percent vanadium and no more than 0.015 percent hydrogen.
There is obviously osmosis between the two brands in terms of innovation, materials, process and technologies. This also explains why Tudor tries to do innovative designs in its range rather than just digging into the rich seam of ‘heritage looking’ watches with the Black Bay, Ranger and Heritage Chrono models.
The watch community has already started spoofing the watch, which is another sign of it having become an icon. Whether it’s a famous icon, or infamous icon remains to be seen.
35th Tokyo Girl’s Collection
I talked years ago on this blog about the innovative approach to retailing behind the Tokyo Girl’s Collection. I came across their 2022 autumn and winter collection opening stage event, which I am sharing here.
https://youtu.be/vx4AzkAtD3o
USB-C
Apple on the EU regulating connectors to standardise on USB-C. The reason why Apple went to detachable cables on chargers is very interesting. Apple are reluctantly complying over USB-C. The discussion around innovation is really interesting, particularly the way in which Apple executives duck the question.
