Sandra Finley

Aug 092016
 

http://www.news.com.au/world/europe/julian-assange-files-appeal-on-un-ruling/news-story/2a1d3427775a27dbc8c6029e475eedad

APNews Corp Australia Network

 

WIKILEAKS founder Julian Assange has filed an appeal in a Swedish court over the ruling by a United Nations working group that his confinement inside the Ecuadorean embassy in London amounted to arbitrary detention.

The UN panel called on the Swedish and British authorities earlier this year to end the Australian’s “deprivation of liberty”, respect his physical integrity and freedom of movement, and afford him the right to compensation.

In May, a Stockholm district court upheld an arrest warrant against Assange, who is wanted for questioning in Sweden over a sex allegation, which he denies.

Julian Assange #embassycat. Picture: Twitter/@EmbassyCat

Julian Assange #embassycat. Picture: Twitter/@EmbassyCatSource:Supplied

He fears being taken to the United States to be quizzed over the activities of WikiLeaks if he goes to Sweden.

Assange filed an appeal at Sweden’s Court of Appeal of Svea on Tuesday, arguing that Sweden must comply with the UN group’s findings that his deprivation of liberty was unlawful and that Sweden must release and compensate him for the harm caused.

A representative of Assange’s legal team said on Tuesday: “The proceedings will test whether Sweden complies with its binding treaty obligations and whether it acts in good faith under the UN human rights system.”

WikiLeaks pointed out that the FBI and US Department of Justice informed a federal court in the United States that “prosecutive efforts” remain under way against WikiLeaks.

The alleged offences include espionage, conspiracy to commit espionage, electronic terrorism and general conspiracy.

Last week WikiLeaks released 20,000 emails showing election “rigging” in the US democratic primary process, leading to a number of resignations of senior executives.

Assange has been confined to the Ecuadorean embassy in London since July 2012, when he sought asylum to avoid extradition.

 

Aug 082016
 

When Dr Bronwyn King discovered her pension fund was investing in the cigarette companies that were killing her cancer patients, she was staggered. And she knew she had to act

by Gideon Haigh

Monday 1 August 2016

 

On Good Friday this year, Dr Bronwyn King and her husband were staying with her parents in the quiet coastal town of Torquay in Victoria, Australia. They started watching a movie – although King, as she often is, was only half-there, busily pecking at her laptop.

“AXA – news …” said the subject line of the email from a French insurance executive. “In confidentiality,” it read: “we have decided to divest tobacco … If you can, let’s discuss further. Thanks for your help.” King felt momentarily giddy. It was six years since she had sent the first of tens of thousands of hopeful, courteous but determined emails with such ends in mind. She had already persuaded 35 Australian superannuation funds, as Australians call their private pension funds, controlling nearly half the total funds under management to shun tobacco. AXA, the world’s second biggest insurer, was her greatest success yet. But she passed up a celebratory glass of wine: there was work to do, on the details and timing of the announcement. When her family turned in, they left King, as they often do, at her laptop.

Two months later at Geneva’s plush Beau Rivage Hotel, King looked out over a sea of faces, mostly delegates gathered for the World Health Assembly, and introduced her “new best friend”, AXA boss Thomas Buberl. AXA, he said, would forthwith sell €200m of tobacco stocks: there was applause. It would also, he added, run down €1.6bn of tobacco corporate bonds. There was a hush. Had he just said billion?

In an old war, a new front had opened. Tobacco kills six million people a year: the McKinsey Global Institute deems it humankind’s greatest self-generated social burden, ahead even of war and terrorism. Yet as an issue, observes King’s colleague Clare Payne, it has receded in public consciousness: “There’s this tendency for people to think: ‘Oh we’re done with tobacco, aren’t we? Everyone knows. It’s just a choice thing for people now.’ When we’re actually in an epidemic – history’s first epidemic of a non-communicable disease.”

To restore it to the headlines, then, is no mean feat. “She’s a star,” says Cary Adams, CEO of the Union for International Cancer Control, who just over a year ago put King in charge of the Global Task Force for Tobacco Divestment. It’s not a mantle that rests easily with King. All the 41-year-old oncologist at Melbourne’s Epworth Healthcare feels she’s done is take to heart her hippocratic oath, especially the injunction to “do no harm”.

Into her mid-20s, King’s career had seemed mapped out. At Fintona Girls’ School in the Melbourne suburb of Balwyn, she had been a star junior swimmer, thriving on the daily pre-dawn starts and unrelenting competition, climaxing in medals at national championships and a victory in the Pier-to-Pub, a famous open water race in Australia. On completing medical studies in 1999, she became an Australian swimming team doctor, and weighed up specialising in sports medicine and paediatrics.

In February 2001, however, King began three months as a radiation oncology resident in the lung cancer unit of Peter MacCallum Cancer hospital. She was, she confesses, a reluctant conscript. Radiation oncology, which uses giant linear accelerators to beat back advancing cancers, is a technically and emotionally challenging field of medicine, undertaken underground for the containment of its x-ray emissions, dedicated chiefly to the very sick. And sickest of all are smokers.

For King it was an education. The five-year survival rate after diagnosis for lung cancer is 15%: her job was largely to alleviate its acute associated sufferings. Most people have an image of lung cancer sufferers propped in bed subsiding gently, maybe with a bit of a cough, possibly on oxygen. The reality is very different. In a fifth of cases, for example, lung cancer metastasises to the brain, inducing paralysis and loss of cognitive function: the patient, literally, loses their mind. Death can come violently too. One morning King arrived to find the corner of a ward absent not only its bedclothes but its curtains and furnishings. The night before a patient had essentially drowned in her own blood from a burst vessel, drenching staff in her death throes. In the room were three other terrified patients who had heard the whole thing.

Almost every interaction bore witness in some way to tobacco’s toll. Taking a history from a new female patient one day, King asked her age. “I’m 43,” the woman replied. “I’m getting quite old.” It transpired that her whole immediate family had died in their 40s from smoking-related cancers. “I had this overwhelming sense of the impact of tobacco,” King recalls. “The public did not know what was going on. They didn’t know because I was a doctor and I hadn’t known. Until I worked there. I started to wish I had a television camera with me, so people could see what I was seeing.”

I’m a doctor. Doctors aren’t good with money. Most of us don’t even really like talking about it

Bronwyn King

But so much was out of sight for a reason – to which King was first introduced by an older patient who beckoned her from his bed, looked around furtively, and whispered: “This is because of the smoking, isn’t it?” When she said it probably was, he nodded and looked away. Here were lung cancer’s little-acknowledged secondary symptoms: disgrace and shame. Where families could be relied on to rally around sufferers from breast and prostate cancer, tension surrounded those with tobacco-related illness, who were perceived as having brought cancer on themselves. This has been an unforeseen impact of the public health campaign to scare smokers straight: in a recent survey, 30% of Australians agreed with the sentiment that lung cancer patients were less deserving of sympathy than other cancer patients. “Lung cancer has become the syphilis of the 21st century,” says the head of Peter MacCallum’s lung cancer unit, Professor David Ball. “Patients are regarded as victims of their own lack of self-control. Whereas they’re actually victims of a concerted and successful campaign by the tobacco industry to turn them into addicts.”

It was Ball, a fixture at Peter Mac since 1973, who became King’s lodestar. He instilled an environment of kindness and hope. Young doctors, says Ball, can feel overwhelmed: “I’ve had people in training in this specialty who’ve eventually been reduced to tears, saying they can’t go on. They want all their patients to get better. Life’s not like that.” He encourages them to think differently:

For a doctor, lung cancer sufferers are tremendously rewarding to work with. They don’t come in saying: ‘Why me? I’m pissed off. Why aren’t you working harder to find a cure?’ They come in feeling ashamed. When you reassure them that you want to make their life as good as it can be, they’re immensely grateful. Because they tend to stay long periods, you get to know them as people too. And you’re at that very serious time of life, where the questions are deep and philosophical, and existential concerns come to the fore.

Those questions resonated with King. “People say that if you don’t know what you want to do before you work with David, you will afterwards,” she says. “He was the first doctor I really wanted to be – a great teacher, a great colleague, interested in everyone and everything. In that three months, I got to know patients, I got to know families, I worked with an inspiring medical team, I felt so privileged, and it changed me forever.” She dug in for what became the seven-year haul towards adding FRANZCR – Fellow of the Royal Australian and New Zealand College of Radiologists – to her postnominals. After a couple of years she was joined in this pursuit, and in her life, by Dr Mark Shaw, a quietly-spoken New Zealander whom she met at Geelong’s Andrew Love Cancer Centre and married. Yet her life-change remained incomplete until she and her husband emerged from their high-stakes, high-stress discipline to do something of utmost normality – buy a house.

King calls it “the story”; maybe it should be “The Story.” It’s how she prefaces most presentations – if ever time precludes it, she feels regretful. “It explains everything, really,” she says. “Sometimes I apologise to audiences for having told it so often. But people always come up afterwards and say: ‘I love that story’.”

The scenario, a conversation about her finances with a consultant from superannuation fund Health Super in the Peter MacCallum cafeteria in March 2010, could hardly have been more prosaic. In fact, King was standing to leave when a final question crossed her mind: was she meant to specify how she wanted her money invested? No need, said the consultant: her money, as it is with 75% of Australians, was in the “default option”.

 Dr Bronwyn King at the Epworth radiation oncology department in Melbourne, Australia.

Dr Bronwyn King at the Epworth radiation oncology department in Melbourne, Australia. Photograph: Meredith O’Shea for the Guardian

King asked about the alternatives. Oh, came the reply, there was a “greenie option”, involving no investment in mining, alcohol or tobacco. The answer brought her up short. “Does that mean I’m currently investing in tobacco?” she asked. Well yes, the consultant replied: “Everyone is.” King sat back down.

These were stocks whose product was being condemned and restricted by every government round the country

Michael Dwyer

It was worse. Two weeks later the consultant confirmed that four of the five biggest holdings in the international component of Health Super’s default option were tobacco-related: British American Tobacco, Imperial Tobacco, Philip Morris and Swedish Match. King shared this exposure with the overwhelming majority of Peter Mac’s 2,500 staff members. “We’re a dedicated cancer hospital,” she recalls. “There was nowhere else this could have mattered more. The idea that all of us, the doctors, the nurses, the occupational therapists, the speech pathologists, were invested in tobacco companies … well, it had to be fixed.” King’s concerns were immediately shared by Peter Mac’s CEO, Craig Bennett, who accompanied her to a meeting with members of Health Super’s executive and investment team.

The response was cordial but bemused. “It was strange for a financial institution to be approached by members about these issues,” King recalls. “Mainly they were surprised.” A “good-natured” discussion ensued. Other factors then conspired to relegate tobacco to a back burner: Health Super commenced a merger with Sydney-based First State Super. In the hiatus, King started educating herself. Australian super funds had only between 0.5 and 1.3% of their assets in tobacco. But in a $2tn pool, that was still in the region of $10bn. The seven biggest funds with health professionals as members all offered “greenie” opt-outs, designated “sustainable”, “ethical” or “socially responsible”. But four of these actually had money in tobacco.

After a year’s to-and-fro with Health Super, King finally got in front of its board, flanked by Craig Bennett and David Ball, punctuating her PowerPoint presentation with knockout statistics: that someone in the world dies from tobacco use every eight seconds; that these include 15,000 Australians a year; that no substance takes a steeper toll of lives and years lost.

King was nervous and exhilarated: “I was presenting to all these people from a world I knew nothing about sitting next to the man who knows everything [Ball].” She was also shortly to take maternity leave: “I thought: ‘If this doesn’t work, it’s probably going nowhere.’” But the response was gratifying: “I could also tell by the end of that meeting we had a lot of friends.” The impression deepened at the first instance of what would be a recurrent experience, when a director trailed her to the lift. “Just so you know,” the director said, “my mother died of lung cancer. Thank you for doing this.”

About to fold, Health Super’s board bequeathed the issue to its new parent. First State Super CEO Michael Dwyer is an unusual boss – inspired by visiting Timor-Leste in 2000, he co-founded Australia for UNHCR, which raises funds for the United Nations High Commissioner for Refugees. He sensed a problem it might be prudent to get ahead of: a group with 40% of its members in health services that had $170m invested in tobacco was bound to hear more about it.

Like other super funds, First State Super was required to observe the Superannuation Industry (Supervision) Act, binding trustees at all times to act in members’ best interests, which has tended to be interpreted by law in a narrowly financial sense. But at this point, another statute made its presence felt: tobacco share prices were hit by, among other things, the proclamation of Australia’s Tobacco Plain Packaging Act in 2011. “I could tell the board that these were stocks whose product was being condemned and restricted by every government round the country,” says Dwyer. “They had no redeeming feature. As Bronwyn says: ‘There’s no such thing as a safe cigarette.’” In July 2012, CEO and doctor put their names to a press release declaring First State Super the first Australian superannuation fund to renounce tobacco; six months later HESTA, whom King had also courted, followed suit. And though the process had taken two years, she was used to long hauls. “I started thinking,” she says, “if they could do it, why not others?”

Superannuation conferences can be dry affairs. So when Dwyer started dropping King into programmes through 2013 and 2014, her presence and message quickly gained a following. Grabbing audiences with The Story, she did not let go. “I’ve never seen anyone network like Bronwyn,” says Michael Baldwin, CEO of the Funds Executive Association, an industry group whose conference she addressed in June 2013. “It’s a skill I wish I had. People love dealing with her.” She distributed a business card bearing the rubric Tobacco Free Portfolios, featuring a logo designed online for $300 transfiguring the ribbon that is a cancer remembrance’s best-known symbol into a cigarette. She piled up cards she collected and studiously emailed the addressees, politely petitioning to meet directors, trustees and investment managers – even just to “have a coffee”.

Those meetings regularly begat further meetings, and also elicited personal confidences. In any group of five people she sat down with, King found, at least one person would be harbouring a story about how tobacco-related illness had touched their lives; down the track, two chairmen would recuse themselves from votes about their funds’ tobacco exposures, fearful of emotion clouding their corporate decision making.

Pregnant through some of this time with a second child, King found that her most incisive pitch was illuminating the tobacco industry’s exploitation of the young. The average age at which Australian smokers take the habit up, 15 years and nine months, is actually high by world standards. Globally it’s estimated that 80-100,000 children start smoking every day – so much for the notion of smoking being based on mature, fully-informed choice. What’s more, according to the International Labour Organisation, up to 60% of the 33 million engaged in tobacco farming worldwide are under 16. To those who challenged that tobacco stocks were historically good performers, King had a brisk rejoinder: “If a business can live with six million deaths and externalising €2tn in health costs a year while employing mainly children, then it probably won’t find it difficult making money. All it has to do is adjust its moral compass.”

King was careful, all the same, not to scold. After all, much of this information was new to her too – and as a medical practitioner she might have been expected to know it. In fact, as she realised, medicine has historically been divided between clinicians like herself, who treat people, and public health specialists, concerned with society. So she sought out the likes of Professor Simon Chapman at University of Sydney and Professor Mike Daube from Curtin University, whose experiences in tobacco control stretched back to the 1970s. They were impressed. “I get a lot of approaches from people with crackpot ideas,” says Chapman. “Bronwyn immediately struck me as different – someone highly intelligent, very organised, and street smart. Not to mention engaging and vivacious in an area that’s stereotyped as deadly earnest and tinged with moralism.”

Says the wryly humorous Daube: “She’s such a deeply unpleasant person, isn’t she?”

While the tone of King’s campaign came naturally, she was shrewd enough to understand it as an attribute. She shrank from calling herself an “activist”; she was simply an “oncologist”. She denied hers was a “cause”; she spoke instead of pursuing her “interest”. She did not regard financial institutions as “targets”; instead she was seeking “partners”. She respected confidentiality, avoided confrontation, declined to court the media, and drew on her own experience as exemplifying the involuntary nature of much tobacco investment, which had its institutional counterparts. “I presented to one fund that took sustainability very seriously,” King recalls. “They had a ‘sustainable investment’ option. I looked into it. They chose their international shares via the Dow Jones sustainability index – a best of sector index which BAT [British American Tobacco] is part of … The board members of this super fund were … well, they felt tricked. Before I got home I had an email from their CEO saying: ‘We’ve issued a comprehensive tobacco free mandate across our portfolio.’”

By mid-2014, King’s initial epiphany had become almost all-consuming. A dozen funds had divested more than $A1bn of tobacco stocks. With two small boys, she was not sleeping much anyway, but she was enjoying herself. Tobacco Free Portfolios was winning support not only from business leaders but Australian politicians of all stripes: Liberal health minister Sussan Ley, former Labor health minister Nicola Roxon, the Greens’ Richard Di Natale and independent Andrew Wilkie all recorded video testimonials. Papers were being invited for the forthcoming biennial World Cancer Conference, which the Union for International Cancer Control (UICC) happened to be staging in Melbourne. When King impulsively submitted an abstract, she had her first glimpse of the world of global tobacco control, and an opportunity to spread The Story. It cast its now-familiar spell.

The only time King falters in making the case for Tobacco Free Portfolios is in making the case for herself. And four and a half years after starting, she remained a one-woman band paying for things on her credit card. “I’m a doctor,” she says. “Doctors aren’t good with money. Most of us don’t even really like talking about it.” Introduced to the UICC boss, Cary Adams, she started talking about how much more she could do in Australia if she could afford it – just a little money to cover expenses. “You know,” said Adams, “you’re not thinking big enough.”

Adams is a former banker: prior to this role, he had been chief operating officer of Lloyds TSB. Maybe it was time his new community started talking to his old industry. Unbeknownst to King, the UICC every two years takes a local project to a “global platform”. They were shortly to do it again. “Leave this with me,” Adams said. “I’ve got big plans.”

There had been such plans before. Under the anti-tobacco sun, little is outright new. In the UK, activists had eyeballed the City as far back as the 1970s, buying single shares in tobacco companies so as to lob questions at annual meetings. After one, Mike Daube recalls, he was taken aside by Rothmans chairman Lord Pritchard, who offered to fund the protest campaign of his choice … providing it had nothing to do with tobacco.

Lots of companies flourish their social responsibility credentials. They’re good for business

Richard Daveney, Northwestern University

Divestment was trialled in the US in the 1980s, partly inspired by the boycott of companies invested in apartheid South Africa. Activists first cajoled the American Medical Association into urging medical schools to withdraw from tobacco funds. In the 1990s several universities and state pension funds followed suit. But efforts petered out after 1998’s Master Settlement Agreement (in which 46 states settled healthcare lawsuits with the four biggest US tobacco companies), which perversely aligned the interests of big tobacco and state legislatures dependent on them for future funds. And opinion remains divided on the efficacy of divestment. “As long as another investor buys what a university, pension fund, or a health insurer sells,”, says leading anti-tobacco authority Professor Alan Blum, of the University of Alabama, “there’s no net loss of investor confidence in the stock or capital in the company’s coffers.”

Anything attached to what’s conventionally abbreviated as CSR (corporate social responsibility) and ESG (environment, social, governance) also raises fiduciary questions. Does a manager of funds owe clients anything other than maximum returns? Is socially responsible investment even possible? In the 1990s, Philip Morris ran a stealth campaign against “social investing”, relying on an oft-cited 1980 paper by two distinguished American law professors. In “Social Investing and the Law of Trusts”, John Langbein and Richard Posner argued, in the context of disinvestment in South Africa, that “the trustee who sacrifices the beneficiary’s financial well-being for another object breaches both his duty of loyalty to the beneficiary and his duty of prudence in investment”; Langbein was subsequently employed by Philip Morris as a consultant.

Has the position changed? Professor Richard Daveney of Northeastern University, another veteran of the anti-tobacco movement, thinks so: “The Chicago School position argued by Milton Friedman is that the corporation has only one objective, which is greed, or shareholder return. Which means that any organisation doing socially responsible investing can get away with it only if is a complete fraud… and does not cost the company a penny. But nobody argues that any more. Lots of companies flourish their social responsibility credentials. They’re good for business. And there are business judgment rules which offer a board of directors a large amount of leeway.”

If you invest in tobacco, you are part of that killing machine

Princess Dina Mired

Two multilateral instruments have further widened that leeway. Ten years ago, after consultation with a group of big institutional investors, the United Nations laid out six “Principles of Responsible Investment”: there are today 1,500 signatories. The principles are aspirational and non-binding, but the first articulates a departure from circumscribed conceptions of fiduciary duty: “We will incorporate ESG issues into our ownership policies and practices.” And while UN PRI does not single out tobacco, another UN treaty does: in force since 2005, the World Health Organisation’s Framework Convention on Tobacco Control has been signed by 180 countries, representing 89%of the world’s population. The framework is exacting and comprehensive, committing governments to a wide variety of risk minimization measures, taxes, regulations and prohibitions – including on investment. Article 5.3 specifies that “no branch of government, including local government, should have any financial interest or investment in the tobacco industry.” So far, only three countries have complied: New Zealand since 2007, Norway since 2009, Australia since 2013. Some even seem unaware of it, and not just the usual delinquents: the UK is presently rolling local government pension funds including their tobacco investments into seven sovereign wealth funds.

So divestment, says public health specialist Simon Chapman, has a different context, as well as a broader purpose. “The standard critique that someone sells then someone else buys misses the symbolic importance of building the rank odour around the industry,” he says. “That odour already exists in the health and medical professions and in the general population – when we poll them, we even get it from smokers. Building that consciousness among people making financial decisions furthers that delegitimisation.” Investment in tobacco, argues King, is a devil’s bargain. “When you invest in a company, you want that company to thrive, don’t you?” she says. “But do you really want big tobacco to thrive?”

Like a lung cancer, tobacco is also metastasizing as a public health issue. When the UICC appointed Tobacco Free Portfolios to run its global divestment initiative in March 2015, Adams appointed to its as chair a darling of the anti-cancer movement. Since her son’s diagnosis with leukaemia 20 years ago, Princess Dina Mired has dedicated her life to improving cancer treatments in Jordan: she is director-general of the Amman foundation of the King Hussein Cancer Center, her country’s largest.

Introduced to King, Princess Dina loved The Story: “It was one person seeing something shameful and deciding to do something about it, by herself, knocking on doors, showing commitment and never giving up.” More than that, she sensed the need for a form of tobacco control aimed at supply rather than demand. It is poorer countries, with weaker public health consciousness, that will chiefly bear tobacco’s brunt: the World Health Organisation estimates that by 2030 they will account for four in five tobacco-related deaths. The reasons are not far to seek.

“As countries like Australia, the US and Canada have been increasing regulation and hiking up prices, tobacco companies have made extra efforts in the Middle East and Africa,” she says. “Since the Arab Spring, we are a stressed-out population, and we are game … They [tobacco companies] are zooming on our youth in a really big way.” Today more than a third of Jordanians smoke and the proportion is growing: the crop of tobacco-related cancers being sown prelude a bitter harvest. “And if you invest in tobacco,” she adds, “you are part of that killing machine.”

Heading a Global Task Force, King still had unfinished business in Australia. But she now had a helper. Lawyer Clare Payne worked at Macquarie Bank for 11 years before founding an initiative called the Banking and Finance Oath: an attempt to popularise for finance industry professionals a code of practice akin to the hippocratic oath. So when she and King watched each other speak consecutively at a responsible investment conference in November 2014, they felt a natural kinship. “Bron’s achieved more than most people have in20 years of responsible investment,” says Payne. “She’s got more than engagement. She’s got action.” Payne joined Tobacco Free Portfolios as “chief operating officer”, even though her “office” was a cleared out built-in wardrobe in the Sydney cottage she shares with her young daughter.

 

Boards now faced two advocates, Payne with her corporate experience perhaps slightly steelier. Where King was always sunnily optimistic, Payne groaned inwardly at counterarguments trotted out, like a board chair who couldn’t see a problem with tobacco because an uncle had smoked till he was 95, not to mention the familiar slippery slope fallacies. “I remember one day this American saying to me: ‘Let me just play devil’s advocate here… ,’” says Payne. “And I thought: ‘Really? Aren’t we beyond that now? Unless it’s your view. Otherwise we’re just proceeding from a silly starting point.’” To Payne, the problem was straightforward: it was persuading the powerful to heed the people. “Australian society accepts tobacco control,” she says. “They don’t want their children to smoke. If they smoke themselves, they want to stop. They want fewer people to die. Governments want better health outcomes. Funds should reflect that.”

King, meanwhile, was pondering how to replicate across the world her Australian system. She tapped her “partners” for contacts and introductions, never failing to follow up the faintest lead. She would start days in oncology at Epworth Healthcare with two sheets of paper: her patient schedule, and her Tobacco Free Portfolios to-do list. The patients came first, their needs acute, their questions poignantly familiar. “‘How long?’” says King. “That’s what they all want to know. ‘My daughter’s getting married. Will I make it?’ ‘My daughter’s having a baby in January. Will I live to see it?’ ‘My son’s graduating next year. Will I be able to go?’”

 

Of time, she was constantly reminded, there was never enough. So any minute before, between or after patientcare was an opportunity to make a phonecall, send an email, or dash into the central business district. Nights steadily became Skype marathons. One evening her husband walked in with a cup of tea suggesting she take a break. “Quick, close the door!” she exclaimed. “I’m about to talk to Kuwait!” King laughs: “He looked at me and it was, like, ‘Who are you?’ He thought I’d lost the plot.”

Extending the filaments of her network also involved serious travel. In July 2015, King made her first trips to Washington and New York. In September, she took in a Principles of Responsible Investment conference in London and visited the World Health Organisation in Geneva. In November she travelled to Istanbul for the World Cancer Leaders summit, and swung on to London for a first look at the City.

Engagement with the tobacco industry is futile. Positive influence is impossible

Anonymous investor

Where doors were now open in Australia, they were only tentatively ajar in the UK. Big tobacco and City merchant banks align snugly. Rock star fund manager Neil Woodford has made a fortune from tobacco stocks for his eponymous investment boutique, explaining that clients expect him to “exercise an investment judgment” not a “moral judgment”. King notes: “The influence of companies like BAT and Imperial Brands is enormous.”

A roundtable for 20 investment professionals at the Whitechapel offices of Principles of Responsible Investment, a UN-supported NGO, became an eye-opening realtime experiment in City attitudes.

One guy, a very senior leader in UK finance, was quite difficult,” said King. “He just kept saying: ‘Our approach is to engage with the tobacco companies. We engage with the industry.’ He was getting very fired up, and I just had to hold my ground. Finally I said: ‘I understand engagement is a useful tool, and it’s important to be a good steward of capital. But this is the exception. Engagement with the tobacco industry is futile. Positive influence is impossible. There’s not one example in all the history of engagement leading to fewer deaths.”

Of course, this was very uncomfortable for him. Suddenly, out of the blue, this other guy whom I’d not met says: ‘We’re getting bogged down in the nitty-gritty here. What about the big vision? Isn’t this industry just killing six million people a year and we’re part of it if we’re investing in it?”

The interjector, Dawid Konotey-Ahulu, had arrived at the last minute, without particularly high expectations: “I assumed it would be a run-of-the-mill discourse on the dangers of tobacco and the virtues of shunning it.” Now he was excited. A former Merrill Lynch banker, Konotey-Ahulu has for the last decade run an investment and risk management consultancy for pension funds, Redington. King reminded him of a popular business concept: the Big Hairy Audacious Goal, or BHAG, coined by Jim Collins in his 1994 management bestseller Built to Last. Since the roundtable, he has become Tobacco Free Portfolios’ City adviser, including on the recruitment of a new London representative, Dr Rachel Melsom. “We are living in an era where ‘Do the Right Thing!’ is increasingly the guiding principle, and pension funds, by and large, want to do the right thing,” says Konotey-Ahulu. “It will not surprise me if in the near future, several large pension funds elect to disinvest from intrinsically harmful assets such as tobacco.” They now have an example.

On 28 February, after months of planning, King landed in London on her first European mission: 12 days, six countries, 45 meetings, with pension funds, insurers, sovereign wealth funds and health leaders. She had pursued every introduction, cadged every favour on offer. To her excitement, not one approach had been rebuffed. To her further excitement, she had arranged to spend the weekend in Paris with friends, the De Viennes, for whom in 1997 she had worked as an au pair. Then, unable to help herself, she asked round her Australian business “partners” with whom in France it might be worth meeting. The CEO of a major funds management business connected her with AXA.

So it was that six years after that meeting in her hospital’s cafeteria, King sat across a luncheon table at Café Chic on Rue du Faubourg from Sylvain Vanston, the 44-year-old responsible for the company’s corporate social responsibility initiatives. A year earlier Vanston had been instrumental in AXA’s ceasing to invest in coal; but since agreeing to meet, he had been musing that this was the first red flag ever raised about a vastly more significant killer. “Tobacco has been a problem for health, but it has not been a problem for investors,” he observes. “When I met Bronwyn, she immediately started putting together the pieces of the puzzle that we hadn’t.’

In King’s telling, that puzzle of tobacco’s unique iniquity has four pieces. Can the product be used safely? No: zero is the only safe number of cigarettes. Can an investor have a positive influence on the tobacco industry? No: the risks are indivisible from the product. Is the problem huge? Yes: the WHO forecasts a billion tobacco-related deaths in the 21st century. Is there a UN treaty? Yes: the WHO’s convention on tobacco control has sought to limit tobacco usage for more than a decade. A concluding pith: would you set up an industry now knowing that in the next year it would kill six million people and cost the health care system €2tn? Vanston was taken aback: “I thought I knew about tobacco, but in reality I’d missed important facts.” Did she have all this written down, he asked? King fished a Tobacco Free Portfolios information kit from her bag. That night she rang Payne. ‘I’ve got a good feeling about this,’ she said.

Likewise Vanston. This was a far bigger deal than coal: four times the size of investment, and entailing not insignificant financial sacrifices. But AXA’s incoming CEO Buberl had been promoting a redesign of its health business, arguing that insurance must change from being a payer of bills to a helper of clients toward healthier life choices incurring fewer health costs. And if AXA wanted clients to forswear tobacco, it could hardly do otherwise. Besides, Buberl observes, the calculus has changed: “Once, lung cancer meant a quick death. As treatment has improved and lives have been prolonged, it has gone from being a lethal to a chronic illness, and costs are exploding. It’s a simple equation – the social, medical and taxation consequences of smoking have grown considerably worse.”

Vanston was commissioned to present to Buberl’s management team; King, now back in Melbourne after whirling through Geneva, Stockholm, Copenhagen and Oslo, contributed by email. Back at work at the Epworth, preparing prognoses, counselling patients about their survival chances, she messaged Vanston just before his presentation, three weeks after their single meeting: “Good luck with your speech. Just imagine that you have every oncologist and every patient who has suffered from tobacco standing right beside you.” His CEO actually needed little convincing. “Decisions take longer when they’re ambiguous,” says Buberl. “There is nothing ambiguous about tobacco.”

Nor, it must be said, is there anything ambiguous about the money tobacco makes. It is a high cash-flow, low-volatility business – a classic defensive stock pick in times when they are scarce. Yet no industry could exercise so dark an allure – something accentuated by the profile of smokers, skewed increasingly towards the poor, the young, and, frankly, the darker-skinned and further away.

It is a problem of a magnitude that occasionally dismays King, although never for long. “I’m an optimist,” she says. “Some people I’ve met have been unconvinced by the arguments. Others have said ‘Oh it’s a bit early’ or ‘Can you come back with more information?’ But I’ve watched literally dozens of people move from that position of initial resistance, to thinking ours is a reasonable position, to being completely convinced and ringing up a few months later asking: ‘Is there anything I can do?’ I never hear ‘no’ as ‘never’; I hear it as ‘not yet’.” Since AXA, she has had contact with a score of European financial institutions: one sovereign wealth fund has already divested, although is yet to announce its decision. King’s travel schedule for the rest of the year looks unsparing, and she is resigned to forgoing sleep because of it. “But if I knew what I know and did nothing,” she says, “I couldn’t sleep at all.”

Aug 042016
 

Two articles from the Deccan Herald (India).

  1. Lockheed Martin wants to close down its original production in Fort Worth in Texas

 

New Delhi

 IAF

Aviation major Lockheed Martin has offered to shift its production line for F-16 fighter jets to India in partnership with a local company.

The US firm said it wants to close down its original production in Fort Worth in Texas, which has produced more than 3,600 F-16s so far, and create a major industrial facility in India to continue with the production. Lockheed Martin, however, seeks a ‘significant’ order from the Indian Air Force (IAF) as a part of the package deal on the switch, company officials said here.

Besides supplying the military jets to the IAF, the Indian production line will also be used as a hub to export the jets, Randall L Howard, who heads the Lockheed Martin’s F-16 Business Development programme said here on Thursday.

The proposal comes months after US Defence Secretary Ashton Carter and Defence Minister Manohar Parrikar said they will encourage their respective defence industries to develop new partnerships in the cutting edge technology projects.

“Both the sides have agreed to encourage their respective defence industries to develop new partnerships in the pursuit of a range of cutting edge projects. In support of the Make in India initiative, the US shared two proposals to bolster India’s suite of fighter aircraft for consideration,” a joint statement issued after the Carter-Parrikar meeting in April stated.

Lockheed’s competitor Boeing and European firm Saab too proposed to set up aircraft production facilities in India. None of them, however, suggested closing down an existing production line.

One of the conditions from Lockheed is to have an order from the IAF, which needs more fighter jets because of its dwindling squadron strength.

While the IAF needed 126 medium multi-role combat aircraft, the government cancelled that tender and decided to order 36 Rafale fighter jets from the French firm Dassault Aviation.

As its MiG squadrons are being phased out, the IAF had time and again stated its requirement to have more fighter jets to prepare for a two front war scenario.

Lockheed seeks to complete its F-16 order book by the end of 2017 and waits for the US government’s decision to know where the next aircraft have to be delivered. The target schedule for that order may be around 2021.

As officials from both the sides discuss the proposal, the company looks at a potential order of around 200 aircraft— 100 each for the IAF and for export — to create the planned industrial base in India.
DH News Service

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Make India defence production hub, says NITI Aayog member

Bengaluru, Aug 5, 2016, DHNS

V K Saraswat. DH Photo

NITI Aayog member V K Saraswat on Thursday called upon stakeholders in the defence electronics sector to transform India to be the centre of the fourth wave in defence manufacturing.

Delivering the inaugural speech at the DEFTRONICS 2016, the flagship defence electronics event organised by the India Electronics and Semiconductor Association (IESA) in association with Nasscom, Saraswat said the defence manufacturing shift globally has seen the Wave 1 from the US to Japan.

“The Wave 2 was witnessed from Japan to Europe and the Wave 3 from South East Asia to China. I want the Wave 4 to be from China to India,” he added. Saraswat also unveiled the Defence Electronics and System Design Policy Recommendations report brought out by the IESA and Nasscom along with global strategy consulting firm Roland Bergerand.

The report estimates that the aeronautics and defence electronics market for India is estimated to be in the range between $70 billion and $72 billion in the next 10-12 years. Almost $53 billion to $54 billion comes from electronics spend as a part of platforms.

“This indicates immense potential as there exists a significant gap between supply and demand. Though India is considered as a ‘soft power’ in the space, we are yet to witness a single Indian company that develops strong end-to-end aerospace and defence software solutions,” he said.

The former Chief Scientific Adviser to the Indian Minister of Defence and Director General of DRDO said this has compelled India to keep depending on foreign companies. “The only option for Indian electronics component companies is to target strategic electronics (defence) industry, and we should act now. We need to understand that the return on investments in the defence electronics industry in India is long-term and the players need to have a long-term view,” he said.

Speaking at the event, Nasscom President R Chandrashekhar said India is required to keep pace with the innovation happening across the globe and need to start providing a stimulus to companies in the defence electronics domain.

“Hence, it is really important for us to create an arrangement for technology transfer with more advanced nations and the role of the government will be significant. They should create an environment for the domestic players to cross-pollinate knowledge and technologies with other countries,” he said.

Commenting on the occasion, IESA President M N Vidyashankar said India is the seventh largest aeronautics and defence market globally and is still dependent on imports to fulfil defence needs.

 

Aug 032016
 

TO SCHARFSTEIN,  AUG 3, 2016   inveterate

RE DEFENCE.  INVETERATE LIAR 

 

From: Sandra Flnley Sent: August 8, 2016 2:37 PM To: ‘Samuel Edmondson’; ‘Sandra Finley’  Cc: ‘Chelsey Kuspira’; ‘Grant Scharfstein’

Subject: RE: Ashu Solo Clarity re defence

 

Hi Samuel,

Just in case  it’s been lost in the details:

I can be successfully defended in a court of law, as long as there is clarity about the fact that Ashu is an inveterate liar.

It’s easy to show that he is.

Three examples of my own, below.

The email thread with John Gormley is another clear example (Ashu’s claim that John stole something from Zeller’s).

  1. Ashu says that the Green Party found against me.  Not true.

The Green Party (GP) issued a draft decision that was not in my favour, it was based on Ashu’s input.   All I had to do was to provide the GP with copies of the actual emails that showed the dates.  (Ashu sent the emails to more than one person;  there is back-up proof.)

The cause-and-effect relationship claimed by Ashu did not exist.   He had manipulated the information he submitted.    I was quickly found to be innocent of the charges by Ashu.

I will search for copies of the exchanges.   (INSERT:  Posted)

(Need I repeat that I was interviewed by 3 Police Departments and found to be innocent of his charges?)

2.   The same is true of almost everything else.   In a more recent email he says that I posted information when we were vetting his candidacy to run for political office.   He claims a cause-and-effect relationship, that I was posting and defaming him then, before I left Saskatoon.  But again, all I have to do is to provide the actual dates of the postings.  It’s part of the log data.    It shows that I did not post them at the time of vetting;  I posted NOTHING about him,  until after he had been relentlessly after me.   I started posting near Christmas, 2013,  in case I would need his emails to defend myself in future, AND it was ALL under password protection.   I posted the emails re the vetting sometime in 2014.   I can look up the dates.

3.   There’s what?  a hundred emails from him that claim I harass him.   But he cannot produce evidence of even one such action by me, not one email, f/b or twitter communication.    Because I have not harassed him.  As I say, he is an inveterate liar.   I will search for the email he sent to a number of people asking them for derogatory emails I sent to them about him.   I presume he sent it because he needs evidence that he doesn’t have. (Nor does it exist.)

In conclusion,   it is routine for Ashu to tell lies.

He has harassed and told lies, wasted the time of 3 Police Departments, of a Health Authority, of the Green Party, has made people frightened of him, has cyber-bullied young women, and is now using the Justice System to try and bankrupt me for standing up to him.

/Sandra

– – – – – – – – – – – – – –

From: Sandra Flnley Sent: August 3, 2016 10:16 PM To: ‘Samuel Edmondson’; ‘Sandra Finley’  Cc: ‘Chelsey Kuspira’; ‘Grant Scharfstein’

Subject: RE: Ashu Solo Repl;y to LFC cross-claim, etc

 

Hi Samuel,

  1. A question.   RE:  “The Court application” initiated by Ashu, what would it say?
  2. UPDATE:   Andrew MacQuorqodale, co-owner of LFC telephoned.   (He just concluded 2 weeks in heavy negotiations and apologized for delay in responding).

Andrew suggested that we work together and both settle with Ashu in order to contain my costs, and based on his prior experience with such things.  He would return to me the money held in trust, to be applied to the costs.  I don’t know whether his phone call arose out of conversation he might have had with Paul, who you’ve been unable to reach.

I remain reluctant to proceed with settlement.   But I told him I would give consideration to his suggestion.

3.  RE:  DEFENCE TO CROSS-CLAIM.   Could wording along the following line be used?

The defendant wishes to respond to the cross-claim from LFC with these words:    

Should I, Sandra Finley, be found not guilty of the charges Ashu Solo has made against me, there will be no basis for his charges against LFC, co-defendant.   

For almost three years Ashu Solo has harassed my business contacts, friends, and colleagues.  But the actions are ultimately directed against me.  I can prove that I am not guilty of the charges. 

Loosefoot’s cross-claim is based on something that has not happened, and which there is no basis to believe will happen.  I paid Loosefoot’s legal costs up to date on December 31st, after conversing directly with Loosefoot.  

I understand that trained professionals would view the cross-claim as a form of insurance “in case” the justice system finds against me, or in case the legal bills become too much for me.  But most importantly, in case the justice system does not award reimbursement of the costs of defending myself against someone who is using the threat of the cost of the justice system as a tool of intimidation and coercion. 

It is right that I should value and protect my relationships.   Ultimately, that is what life consists of.  The eccentricities of legal process should not create adversarial relationships where none have existed.  Conventional defence to the cross-claim would involve hair-splitting what words mean,  and an abdication of my loyalty to people who have only been good to me.  It is my job to protect myself and my community against Ashu Solo, not against LFC.     

I have benefited from the services of LFC for more than 5.5 years.  Their service has always been prompt, professional, helpful, courteous, and supportive of my work.  

They came highly recommended:

From: littlepurplefirefly@gmail.com  On Behalf Of Glen Pavelich Sent: December 16, 2010 8:00 AM To: Sandra Finley <sabest1@sasktel.net> Subject: Re: Cost of web hosting – 

I would look at LFC hosting. www.lfchosting.com.  They are second to none for customer service, and are based out of Regina.  I know these guys very well by now because I transferred most of my “sasktel’ freespace clients to their server.  I wouldn’t settle for Sasktel site wizard… Sasktel is not customer service friendly AT ALL.  You will be very happy with LFC I guarantee it.

I did my job in my volunteer capacity with the Green Party, by forwarding a complaint from a young woman who was being mercilessly cyber-bullied by Ashu Solo.  The complaint was forwarded through the proper channels, to be dealt with at arms’ length.  Ashu then shifted his harassment to me.   

I understand I must reply to the cross-claim in order to proceed.  

This is my reply.  

4.  FYI, Samuel.   After conversation with Office of Deputy Minister of Justice and with Sask Law Reform,

I will be submitting documentation and a proposal to both within the next 3 weeks.   I do not accept that this is the best we can do for a system of justice.

/Sandra

Aug 012016
 

August 1 update:  see appended note I sent to the Reporter, Kevin Libin.    And his appreciated reply.

I removed the copy of his article from this posting (I would have had to pay $250).   To view the article,  please copy and insert into your search engine:

Statistics Canada makes a shrewd power grab – while it can.  National Post, Kevin Libin 

Should that not work, there is a back-up copy at  http://sandrafinley.ca/?p=17213

– – – – – – – – – – – – – – – – – – –

INFORMATION SENT TO KEVIN LIBIN

From: Sandra Finley   Sent: August 1, 2016 1:46 PM   To: Kevin Libin    Subject: RE: Your article on StatsCan

 

Dear Kevin Libin,

 

I appreciated StatsCan “… shrewd power grab”.

 

I draw to your attention:

 

  1.  Wording:   THE CHARTER RIGHT TO PRIVACY OF PERSONAL INFORMATION, CANADA:

“In fostering the underlying values of dignity, integrity and autonomy, it is fitting that s. 8 of the Charter

should seek to protect a biographical core of personal information which individuals in a free and democratic society

would wish to maintain and control from dissemination to the state.” 

2.    Mandatory long form census, submitted to Minister Navdeep Bains   (Click on the link)  

(The opposition to what is happening at StatsCan began in 2003, when the role of Lockheed Martin Corp (with sub-contractor IBM) at StatsCan became known.)

3.   Does Lockheed Martin Corp have a role in the 2016 Census?  

(Comprehensive argument against long form census, includes links to letters sent to other Ministers Responsible. Plus Prime Minister J Trudeau’s strong statements in support of Charter Rights.)

4.    Consider: StatsCan has ONE master data base on citizens. Your name is on your record. Censuses are once every 5 years.   But Surveys are being conducted relentlessly. StatsCan tells citizens that Surveys are mandatory (“It is the law”) (which it isn’t).   A citizen hired a lawyer (Nov 2015) to challenge StatsCan’s harassment; StatsCan backed down, long enough to stop the court case.

See     Surveys are Mandatory then Voluntary then Mandatory, along with “The Law” on Surveys

 

Please feel free to use the information.    A general page re StatsCan/Lockheed Martin with links is at:   http://sandrafinley.ca/?page_id=70

If there are questions I might answer, please call.

I hope you don’t mind:   I added your article to the file.

Thank-you. (?!)

Sandra Finley

– – – – – – – – – – – – – –  – –

REPLY FROM KEVIN LIBIN

From: Libin, Kevin  klibin@nationalpost.com   Sent: August 4, 2016 9:54 AM   To: Sandra Finley  Subject: Re: Your article on StatsCan

 

Thanks. I recall that the one recent case of a citizen being tried for refusing the census was protesting the Lockheed Martin link. That isn’t my issue, but I respect her right to decline (and yours) for any reason you choose. Feel free to add the article to any personal files. Just be sure not to publicly reprint it without my employer’s express permission.

Take care

K

Aug 012016
 

RELATED POSTINGS:

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‘What law am I breaking?’ How a Facebook troll came undone

 

Of the millions of perpetrators of online harassment, Zane Alchin of Sydney is among the few to have been prosecuted – and his victim says it took a media campaign

Sexual Violence Won't Be Silenced image
A promotional image for the advocacy group Sexual Violence Won’t Be Silenced, formed by Paloma Brierley Newton (second from right)

It began with a rap lyric.

“Type of girl that will suck you dry and then eat some lunch with you,” read Olivia Melville’s bio on Tinder – a Drake quote, from the Canadian rapper’s song with Nicki Minaj.

Melville, then 23, was on the other side of Sydney from Chris Hall when he came across her profile. He posted a screenshot publicly to his Facebook page.

“Stay classy ladies,” he wrote, adding the tears-of-joy emoji. “I’m surprised she’d still be hungry for lunch.”

It was the kind of blanket, banal sexism that weighs down the internet in steady streams: arguably too common, too tired to be truly offensive to any woman online.

Melville was alerted to Hall’s post by a friend. She chose to respond.

“I wasn’t aware I had to put my CV in my Tinder bio,” she wrote on 25 August last year, sharing Hall’s post to her own profile. “Shame on you, Chris Hall, for your ignorance of Drake and a good taste.”

Her friends rallied in the comments thread in support. So did his.

The back-and-forth between the two groups was antagonistic, at times aggressive – but, even so, the comments by Zane Alchin were an immediate escalation.

“Please you cunts deserve to be taken back to the 50s were [sic] you wil learn to know your role and shut your damn mouth.

“Do me a favour go home and slap your mother obviously your father never did it enough.

“I’d rape you if you were better looking but I wouldn’t fuck you.”

Over a period of about two hours, Alchin – now 25, a labourer who lives with his parents in Caringbah in southern Sydney – left 55 posts, many of them referring to violence and rape.

That last comment was addressed not to Melville but her friend, Paloma Brierley Newton, now 24, who had come to Melville’s defence. Their interaction came to dominate the thread; at one point Brierley Newton told Alchin she would report him to police “if you keep threatening me with rape”.

“What law am I breaking?” he responded. “I’m not the one out of the fucking kitchen.”

Eventually Brierley Newton blocked Alchin, meaning his comments were no longer visible to her. He kept posting.

Brierley Newton shared screenshots of their back-and-forth on her own Facebook page.

“This kind of behaviour is what we call ‘normalisation of violence against women’ and it is really, really scary and damaging,” she wrote. “… Every time you ‘playfully’ tell a woman to get back in the kitchen, every time you smack a girl on the bum because it’s funny, every time you make a joke about rape, YOU are contributing to a society where unfortunately women are not safe.”

She concluded with a vow to report Alchin’s comments to police.

“Be warned men, the internet is no longer your invisibility cloak. I am coming after you and I will not be stopped.”

Nearly one year on, Brierley Newton’s post has had more than 700 shares and 1,200 reactions – and Alchin has been convicted of a crime.

On Friday, he was sentenced to a 12-month good behaviour bond for using a carriage service to menace, harass or offend at the Downing Centre court in Sydney, although the judge found his conduct did not amount to threatening to rape. It has been described as a test of police and legal responses to online abuse, an area that appears to be nearing crisis point.

A United Nations report released in January 2015 suggests 73% of women worldwide have been exposed to or the target of some form of cyber violence. In the 18 months since then, online abuse – particularly of women, and, in the wake of the murder of the British MP Jo Cox, particularly female politicians – has come under greater scrutiny.

But if it seems a tipping point is nearing, it is only of awareness, not action. Of the millions, maybe billions of victims around the world, Brierley Newton is among a tiny minority to have successfully pursued her case through the criminal justice system.

It wasn’t easy, she said. The officers at her local police station to whom she reported Alchin’s comments, with screenshots saved to a USB drive, were unfamiliar with the medium.

“The cop I spoke to didn’t even have Facebook – explaining to her the post, the reposting, the screenshotting, the comments, was harder than it needed to be,” she told Guardian Australia in January. “It’s ridiculous. It’s 2016. Literally everyone uses the internet.”

The case progressed only after it received media attention, she said – echoing a common complaint about social media abuse, that only high-profile users get a response to their reports.

Her interactions with Alchin and then with the police inspired her to start an advocacy group, Sexual Violence Won’t Be Silenced.

First came a Change.org petition, then local media coverage – often alongside the striking press shots of Brierley Newton and her friends wearing homemade T-shirts reading “SHAMELESS SLUT”.

Her campaign eventually drew the attention of Clementine Ford, an Australian feminist commentator who frequently veers into activism, who shared the screenshots of Alchin’s comments with her tens of thousands of Facebook followers.

In late October, Alchin was charged.

Brierley Newton told Guardian Australia the officer who called to tell her said Alchin was apologetic and had no prior convictions in what she took to be an attempt to convince her to abandon the charge. (New South Wales police said they were unable to comment until after the appeals period had lapsed.)

Brierley Newton was better placed than many – maybe most – victims of abuse, online or offline, to pursue her case with the necessary tenacity to get results.

She is self-possessed, articulate, media savvy and a natural campaigner (disclosure: the reporter has known Brierley Newton socially for two years). Her mother, De, is lead organiser and a former candidate for the NSW Greens. Her personal Facebook profile lists her job title as a “force to be reckoned with” (and former “professional good timer”).

Alchin was charged with using a carriage service to menace, harass or cause offence, which carries a maximum penalty of three years’ imprisonment.

 

 Paloma Brierley Newton, 24, speaking to reporters outside court in Sydney on the day Zane Alchin entered his guilty plea

Paloma Brierley Newton, 24, speaking to reporters outside court in Sydney on the day Zane Alchin entered his guilty plea. Photograph: Elle Hunt for the Guardian

After his arrest, Alchin admitted he had written the comments but told police he was drunk at the time and that they did not reflect “what he is about”.

“He was internet trolling and was unaware it was a crime,” the police facts sheet stated.

Police put to him a specific comment he’d made, including that feminists “don’t get any action, so when you rape them it feels 100 times tighter”. Alchin said he had found it on an “anti-feminist website, to offend a group of feminists that were harassing me and my friends”.

In her victim statement, Brierley Newton said she was made to feel ambushed, harassed, intimidated, defenceless and anxious by Alchin’s comments.

But did she feel afraid?

I think I was just angered by it, to be honest,” she told Guardian Australia on Thursday, after a long pause. “I don’t think there was ever a point where I turned around and said, ‘I think this guy is going to rape me.’”

It seems Alchin’s motive was to cause offence, not to signal intention. But equally apparent is that he did not expect there could be consequences for his “trolling”.

He told police he was remorseful. But at an early court appearance, he was photographed outside extending his middle finger.

In January, his counsel pleaded not guilty on his behalf, though Alchin had admitted writing the comments and had earlier indicated he would plead guilty.

In March, a different representative indicated that his defence would rest on a legal argument as to whether the internet was a carriage service.

In late June, Alchin changed his plea to guilty. At sentencing on Friday, the court heard he had drunk half a bottle of bourbon when he made the comments, and woke up the next morning remorseful.

His lawyer, Louise Walsh, said Alchin had been threatened, “shamed and humiliated” after the case received media attention and he was held up as the “face of trolling”.

The sentencing judge, William Pierce, agreed with Walsh that Alchin’s comments did not threaten rape and said it was clear that he had been “harassed and threatened”.

He handed him 12 months’ good behaviour bond, likening dialogue online to a game of football. “There is a whirling maelstrom of hate and all sorts of unpleasantness which circulates on the net and institutions like Facebook,” he said.

“My view is that the closest analogy is a game of football. If you’re on the football field, you consent to a few bumps, so a few mildly explicit comments in the anaology … You don’t consent to be king hit with a savage right hook that knocks you out for 10 minutes.”

Pierce told Alchin: “You overdid it.”

A conviction was necessary, he said, more to deter others than Alchin – “because obviously you’ve learned your lesson, big time”.

Walsh said Alchin had been made the international “poster boy for the most vile trolling”.

But in other corners of the internet, Alchin has also been held up as a victim of the feminist movement.

“This witch-hunt against Zane Alchin has gone far enough,” stated an online petition that called for the state government to “stop the charges”. It raised eight supporters.

The Daily Stormer, “the world’s most visited alt-right web site”, proposed a different course of redress for the “hero and TOTAL BRO” Alchin. There is no suggestion that Alchin supports the broader views of the Daily Stormer or its campaign on his behalf.

A post in late June singled out Alchin’s “100 times tighter” rejoinder as “the perfectly natural response to being brutally oppressed by unhinged women your entire life”.

Its editor, Andrew Anglin, urged readers to seek “#JusticeForZane”, linking to the Facebook and (“more importantly”) Twitter presences of Sexual Violence Won’t Be Silenced and singling out individual supporters, including Brierley Newton.

“All of these women should be informed that they are ugly sluts who should not have any rights.”

So the cycle of online abuse continues but, with this sentence, one perpetrator has learned there are consequences.

And others were watching.

Jul 262016
 

In July,  StatsCan sketched out the new powers it wants (below).   With legislation expected in the fall.

What happened in the fall?:    2016-09-26  Statistics Canada eyes end to short-form census, CBC

Many thanks to Karen for sending in:

http://www.cbc.ca/news/politics/statistics-canada-powers-force-mandatory-1.3695969 

Liberals have promised to give Statistics Canada more freedom from government influence

By Jordan Press, The Canadian Press

Innovation Minister Navdeep Bains says the government is committed to "strengthening the independence of Statistics Canada."

Innovation Minister Navdeep Bains says the government is committed to “strengthening the independence of Statistics Canada.” (Sean Kilpatrick/Canadian Press)

 

Statistics Canada is privately floating the idea of new powers that would make all of its surveys mandatory by default and force certain companies to hand over requested data, such as credit card transactions and Internet search records.

Currently, the agency can ask for any information held by governments and businesses, but officials have long found it hard to get information like point-of-sale transactions that could give a more detailed and accurate picture of household spending.

The agency’s proposal would compel governments and companies to hand over information, and levy fines to discourage “unreasonable impositions” that “restrict or prevent the flow of information for statistical purposes.”

Corporate fines would depend on a company’s size and the length of any delays. The changes would also do away with the threat of jail time for anyone who refuses to fill out a mandatory survey, such as the long-form census.

The recommendations, contained in a discussion paper Statistics Canada provided to The Canadian Press, would enshrine in law the agency’s independence in deciding what data it needs and how to collect it.

New legislation to update the Statistics Act is expected to be tabled this fall, and the Liberals have promised to give Statistics Canada more freedom from government influence.

The current law permits the federal government to make unilateral changes — eliminating longitudinal studies about the Canadian population, for instance, or making the long-form census a voluntary survey, a Statcan spokesperson said.

Should the federal Liberals agree to the agency’s proposals, it would build a political wall between the government and Statistics Canada and ensure statistical decisions by the chief statistician take priority over political considerations.

StatsCan needs independence says Bains

Innovation Minister Navdeep Bains, who is responsible for Statistics Canada, said the government is still reviewing the Statistics Act. He said the government is committed to “strengthening the independence of Statistics Canada.”

“For a national statistical office to be credible, there must be a high degree of professional independence,” Bains said in a written statement.

“Canadians need to trust that their data are produced according to strict professional standards, ethics and scientific principles.”

The agency delivered the paper earlier this year to the National Statistics Council, a body of outside experts that acts as an advisory board for the chief statistician.

In the paper, Statistics Canada argues for a new, modern framework that would better mesh with the Liberal government’s priority on evidence-based decision making, while counteracting mounting concern about declining response rates and diminished data quality.

“I don’t see any negative in it,” said Susan McDaniel, a long-time statistics council member.

“What Statcan does is they provide the best data you can get that are nationally representative, that you can depend on, and researchers can build on that. We can use those data.”

Agency wants freedom from Shared Services Canada

There is also increasing demand from governments, businesses and researchers for micro-level data that Statistics Canada says it can’t publish in some cases because of outdated confidentiality rules. The paper also says the agency isn’t legally able to analyze “increasingly pressing” environmental issues.

The paper also makes the case for Statistics Canada to have control over its computer systems instead of relying on the government’s central IT department, known as Shared Services Canada.

Shared Services “impedes the agency’s ability to deliver its program,” the paper says, because “for all intents and purposes” the central IT department “has an effective veto” on IT spending needed for any program or initiative.

The agency argues that it should not be under the Shared Services umbrella, and should instead receive one-time funding to pay for data centre updates that Shared Services opted not to invest in.

 

 

Jul 252016
 

Click on this link to hear the interview, Democracy Now, Julian Assange.  I think Assange is right.  The only way to rein in the corruption is by exposing it.  Bless the people who are leaking the information.

I don’t know about pinning the leaks on the Russians?   (as the young man at the Democratic National Convention says)

http://www.democracynow.org/2016/7/25/exclusive_wikileaks_julian_assange_on_releasing

 
WikiLeaks founder and editor-in-chief Julian Assange joins us from London about their release of nearly 20,000 emails revealing how the Democratic Party favored Hillary Clinton and worked behind the scenes to discredit and defeat Bernie Sanders. This comes as the Democratic National Convention is opening today in Philadelphia, Pennsylvania, amid massive party turmoil. The DNC chair, Florida Congressmember Debbie Wasserman Schultz, has resigned following the leak. The emails also reveal a close relationship between mainstream media outlets and the DNC.
TRANSCRIPT

 

This is a rush transcript. Copy may not be in its final form.

JUAN GONZÁLEZ: The Democratic National Convention is opening today in Philadelphia, Pennsylvania, amid massive party turmoil. Democratic National Committee chairwoman and Florida Congresswoman Debbie Wasserman Schultz has resigned following the release of nearly 20,000 emails revealing how the Democratic Party favored Hillary Clinton and worked behind the scenes to discredit and defeat Bernie Sanders. The emails were released Friday by WikiLeaks.

In one email, DNC Chief Financial Officer Brad Marshall suggested someone ask Sanders about his religion ahead of the Kentucky and West Virginia contests. Brad Marshall wrote, quote, “It might may no difference, but for KY and WVA can we get someone to ask his belief. Does he believe in a God. He had skated on saying he has a Jewish heritage. I think I read he is an atheist. This could make several points difference with my peeps. My Southern Baptist peeps would draw a big difference between a Jew and an atheist,” unquote. In another email, Debbie Wasserman Schultz calls Sanders’ campaign manager Jeff Weaver a, quote, “Damn liar.”

AMY GOODMAN: A third email shows National Press Secretary Mark Paustenbach writing, quote, “Wondering if there’s a good Bernie narrative for a story, which is that Bernie never ever had his act together, that his campaign was a mess,” unquote. Multiple emails show the DNC complaining about MSNBC coverage of the party and of Communications Director Luis Miranda once writing, quote, “F***ing Joe claiming the system is rigged, party against him, we need to complain to their producer,” unquote, referring to Joe Scarborough. Other emails suggest the DNC was gathering information on Sanders’ events and that a super PAC was paying people to counter Sanders supporters online.

On Sunday, Bernie Sanders reacted to the emails during an interview with ABC’s George Stephanopoulos.

SEN. BERNIE SANDERS: I told you a long time ago that the—that the DNC was not running a fair operation, that they were supporting Secretary Clinton. So what I suggested to be true six months ago turns out, in fact, to be true. I’m not shocked, but I am disappointed. … What I also said many months ago is that, for a variety of reasons, Debbie Wasserman Schultz should not be chair of the DNC. And I think these emails reiterate that reason why she should not be chair. I think she should resign, period. And I think we need a new chair who is going to lead us in a very different direction.

AMY GOODMAN: WikiLeaks has not revealed the source of the leaked emails, although in June a hacker using the name Guccifer 2.0 claimed responsibility for the hacking into the DNC’s computer network. On Sunday, however, Clinton’s campaign manager claimed the emails were leaked, quote, “by the Russians for the purpose of helping Donald Trump,” unquote.

We go now to London for an exclusive interview with WikiLeaks founder Julian Assange, who has been holed up in the Ecuadorean Embassy for more than four years. He was granted political asylum by Ecuador, but he fears if he attempts to go to Ecuador, if he attempts to step foot outside the Ecuadorean Embassy, that he will be arrested by British police and ultimately extradited to the United States to face, well, it’s believed, possibly treason charges for the documents WikiLeaks has released.

Julian Assange, editor-in-chief of WikiLeaks, welcome to Democracy Now! Can you talk about this email—these emails, these 20,000 emails you have released?

JULIAN ASSANGE: Yeah, it’s quite remarkable what has happened the last few days. I think this is a quite a classical release, showing the benefit of producing pristine data sets, presenting them before the public, where there’s equal access to all journalists and to interested members of the public to mine through them and have them in a citable form where they can then be used to prop up certain criticisms or political arguments. Often it’s the case that we have to do a lot of exploration and marketing of the material we publish ourselves to get a big political impact for it. But in this case, we knew, because of the pending DNC, because of the degree of interest in the U.S. election, we didn’t need to establish partnerships with The New York Times or The Washington Post. In fact, that might be counterproductive, because they are partisans of one group or another. Rather, we took the data set, analyzed it, verified it, made it in a presentable, searchable form, presented it for all journalists and the public to mine. And that’s exactly what has happened.

JUAN GONZÁLEZ: And, Julian, your reaction to the announced resignation of Debbie Wasserman Schultz shortly after the release of these emails?

JULIAN ASSANGE: Well, I mean, that’s interesting. We have seen that with a lot of other publications. I guess there’s a question: What does that mean for the U.S. Democratic Party? It is important for there to be examples of accountability. The resignation was an example of that. Now, of course, Hillary Clinton has tried to immediately produce a counter-example by putting out a statement, within hours, saying that Debbie Wasserman Schultz is a great friend, and she’s incorporating her into her campaign, she’s going to be pushing for her re-election to the Congress.

So that’s a very interesting signaling by Hillary Clinton that if you act in a corrupt way that benefits Hillary Clinton, you will be taken care of. Why does she need to put that out? Certainly, it’s not a signal that helps with the public at all. It’s not a signal that helps with unity at the DNC, at the convention. It’s a signal to Hillary Clinton partisans to keep on going on, you’ll be taken care of. But it’s a very destructive signal for a future presidency, because it’s—effectively, it’s expanding the Overton window of corruption. It doesn’t really matter what you do, how you behave; as long as that is going to benefit Hillary Clinton, you’ll be protected.

AMY GOODMAN: I mean, it’s very interesting, because Hillary Clinton and Tim Kaine appeared together, as Mike Pence and Donald Trump did the week before, on 60 Minutes. And Hillary Clinton distanced herself from all these emails and the DNC, saying, “These people didn’t work for me.” And yet immediately upon the forced resignation of Deborah Wasserman Schultz, she said she’s a good friend, and immediately hired her. But, Julian, I was wondering if you can say, from your point of view, what do you think are the most significant emails that have been released, that you have released?

JULIAN ASSANGE: Well, actually, I think the most significant ones haven’t been reported on, although The Washington Post late last night and McClatchy did a first initial stab at it. And this is the spreadsheets that we released covering the financial affairs of the DNC. Those are very rich documents. There’s one spreadsheet called “Spreadsheet of All Things,” and it includes all the major U.S.—all the major DNC donors, where the donations were brought in, who they are, identifiers, the total amounts they’ve donated, how much at a noted or particular event, whether that event was being pushed by the president or by someone else. That effectively maps out the influence structure in the United States for the Democratic Party, but more broadly, because the—with few exceptions, billionaires in the United States make sure they donate to both parties. That’s going to provide a scaffold for future investigative journalism about influence within the United States, in general.

JUAN GONZÁLEZ: Julian, on that issue, clearly, a lot of the emails talk about the actual amounts of money that were being offered to donors for the opportunity to—I mean, asked of donors for the opportunity to sit at different events next to President Obama, especially, the use of President Obama as a fundraiser. Now, most people in the political world will consider this business as usual, but the actual mechanics of how this operates and the degree to which the DNC coordinates with the president, his marketability, is—I don’t think has ever been revealed in this detail. Would you agree?

JULIAN ASSANGE: That’s right. And it’s not just that the president holds fundraisers. That’s nothing new. But rather, what you get for each donation of a particular sort. There’s even a phrase used in one of the emails of, quote, “pay to play.” So, yeah, I think it’s extremely interesting. There’s emails back and forth also between the Hillary Clinton campaign and the DNC. So, you see quite elaborate structures of money being funneled to state Democratic Party officers and then teleported back, seemingly to get up certain stats, maybe to evade certain campaign funding restrictions.

In relation to what has become the most significant political discussion as a result of the publication, which is that the DNC higher-ups, including Debbie Wasserman Schultz, were clearly against Bernie Sanders and trying to subvert his campaign in a whole raft of ways, that’s true. That’s the—the atmosphere that is revealed by hundreds of emails is that it’s perfectly acceptable to produce trenchant internal criticisms of Bernie Sanders and discuss ways to undermine his campaign. So, whether that’s calling up the president of MSNBC—Debbie Wasserman Schultz called the president of MSNBC to haul Morning Joe into line, which it subsequently has done. I noticed this morning, Morning Joe actually discussed it themselves, trying to shore up their own presentation of, you know, a TV program that can’t be pushed around. But, in fact, they did not mention the call to the president. That was something that is still unspeakable. And it was a 180-degree flip in that coverage.

And you see other, you know, quite naked conspiracies against Bernie Sanders. While there’s been some discussion, for example, about—that there was a plan to use—to expose Bernie Sanders as an atheist, as opposed to being a religious Jew, and to use that against him in the South to undermine his support there. There was an instruction by the head of communications, Luis Miranda, to take an anti-Bernie Sanders story, that had appeared in the press, and spread that around without attribution, not leaving their fingerprints on it. And that was an instruction made to staff. So, it wasn’t just, you know, a plan that may or may not have been carried out. This was an instruction that was pushed to DNC staff to covertly get out into the media anti-Bernie Sanders stories. Another thing that—

AMY GOODMAN: On Sunday, Hillary—

JULIAN ASSANGE: Another aspect that is—

AMY GOODMAN: On Sunday, Hillary Clinton’s campaign manager, Robby Mook, cited experts saying that the DNC emails were leaked by the Russians in an attempt to help Republican presidential nominee Donald Trump. Mook was speaking to CNN. This is what he said.

ROBBY MOOK: What’s disturbing to us is that we—experts are telling us that Russian state actors broke into the DNC, stole these emails, and other experts are now saying that they are—the Russians are releasing these emails for the purpose of actually helping Donald Trump. I don’t think it’s coincidental that these emails were released on the eve our convention here. We also saw last week at the Republican convention that Trump and his allies made changes to the Republican platform to make it more pro-Russian. And we saw him talking about how NATO shouldn’t intervene to defend—necessarily should intervene to defend our Eastern European allies if they’re attacked by Russia. So, I think when you put all this together, it’s a disturbing picture.

AMY GOODMAN: So, that was Robby Mook citing experts saying the DNC emails were leaked by the Russians. You were the one who released these 20,000 emails, Julian Assange. Where did you get them?

JULIAN ASSANGE: Well, what’s not in that clip there by Robby is that, just afterwards, he was asked by Jake Tapper, “Who are these experts? Can you name them?” The answer was no, a refusal to name the experts. But we have seen one of the experts, so-called experts, that the Democratic Party is trying to base its incredible conspiracy theory on about WikiLeaks. And that is this—what we jokingly refer to as the NSA dick pic guy. He’s a former National Security Agency agent who started to produce conspiracy theories about us in 2013, when we were involved in the Edward Snowden rescue, as a means to try and undermine the Snowden publications, subsequently embroiled in some amateur pornography scandal. That’s why they don’t want to name their experts, because they are people like this.

In relation to sourcing, I can say some things. A, we never reveal our sources, obviously. That’s what we pride ourselves on. And we won’t in this case, either. But no one knows who our source is. It’s simply speculation. It’s, I think, interesting and acceptable to speculate who our sources are. But if we’re talking about the DNC, there’s lots of consultants that have access, lots of programmers. And the DNC has been hacked dozens and dozens of times. Even according to its own reports, it had been hacked extensively over the last few years. And the dates of the emails that we published are significantly after all, or all but one—it’s not clear—of the hacking allegations that the DNC says have occurred.


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