Friday 2 December 2016

#TurnbullGovernmentFAIL: let's threaten to sue the little bloke


Snapshot 23 November 2016 7:48pm

The Sydney Morning Herald, 23 November 2016:

The Turnbull government has threatened to sue a retiree who established a little-visited website that campaigns against cuts to Medicare, accusing him of unauthorised use of the healthcare system's green and yellow logo.

The use of Medicare against the government has become a point of extreme sensitivity for the Coalition since its near-death experience in July and Prime Minister Malcolm Turnbull's angry election night claim that unions "peddled lies" to voters in text messages purportedly sent by Medicare.

But Mark Rogers, a Sydney grandfather of two, said it was "beyond over the top" and "Monty Pythonesque" for the government to threaten him with court and damages for his part-time personal crusade to protect Medicare.

On Wednesday last week he received a legal letter from the Australian Government Solicitor giving him less than 48 hours to shut down his "Save Medicare" website and agree to never use Medicare branding again……

Mr Rogers's website and domain name is similar to Labor's "save Medicare" campaign website but the ALP has not been threatened with legal action, Fairfax Media has confirmed.



Wellington Times, 24 November 2016:

Mr Turnbull was asked for a second time on Thursday why his government was targeting a retiree with a little-visited website that campaigns against cuts to Medicare.

"I will speak to the minister, I will have a look at the legal advice and I will review it," Mr Turnbull told Parliament.

Earlier, Human Services Minister Alan Tudge indicated he backed the department's pursuit of Mr Rogers, insisting it was not a matter of seeking to shut down free speech as the retiree and some legal academics have insisted.

"The Department is concerned about the misuse and misrepresentation of the Medicare brand, not legitimate use in public debate."

On Melbourne radio on Thursday, Mr Tudge could not say if any member of the public had complained about being misled by Mr Rogers' website.

Mr Rogers said he had been flooded with offers of legal assistance and financial backing to fight the government.

In less than 24 hours, more than 26,000 people had signed a GetUp! petition in his support.

"The feedback is that the government does not have a valid case on the basis of copyright and they are just trying to crush me," Mr Rogers said.

Matthew Rimmer, Professor of Intellectual Property at Queensland University of Technology said he was "puzzled" that the government would push so hard against an individual who was clearly not trying to misrepresent Medicare in any commercial sense.

"I'm not sure they have picked the right target here. I'm concerned it's overreach in terms of copyright law and trademark law," Professor Rimmer said.
"Medicare has been politically contested and used in all sorts of advertising, particularly in during the last election.

"This whole thing would have a much different complexion if it was a commercial player like a bank or insurer using the name Medicare but if you look at Mr Roger's website, it is clearly not pretending to be Medicare, who is it going to mislead?"

Obviously the Turnbull Government doesn’t really care how much of a petulant bully it looks to the national electorate.

Former Queensland LNP politician found guilty of fraud


What started with this……


CITATION:
Hockings v Queensland Retail Traders and Shopkeepers Association (Industrial Organization of Employers) [2014] QIRC 037
PARTIES:
Hockings, John Norman
(Applicant)
v
Queensland Retail Traders and Shopkeepers Association (Industrial Organization of Employers)
(Respondent)
CASE NO:
B/2013/18
PROCEEDING:
Application to re-open proceedings
DELIVERED ON:
19 February 2014
HEARING DATES:
12 and 26 April 2013
30 May 2013
MEMBER:
Deputy President Bloomfield
ORDERS :
1.  Matter No. RIO/2012/155 be re-opened on the Commission's own initiative.
2.  Orders in Matter No. RIO/2012/155, issued on 10 September 2012 and formalised on 5 December 2012, be vacated.
3.  Mr Scott and Mrs Emma Driscoll be referred to the Queensland Police Service for investigation.
4.  Mr  Scott Driscoll  be referred to the Speaker of Queensland Parliament for possibly misleading Parliament.
Ended with this…….

Brisbane Times, 25 November 2016:

Former Queensland politician Scott Driscoll has admitted to soliciting thousands of dollars in secret commissions and falsifying records during his term as the Member for Redcliffe.

Driscoll was expected to stand trial in the Brisbane District Court next week but on Friday pleaded guilty to 15 charges, including fraud.

The 41-year-old was released on bail and is due to be sentenced next year on March 6.

The former Liberal National Party MP won office in the Newman government's landslide in the March 2012 election victory.

Driscoll resigned in disgrace from State Parliament in November 2013for misleading the House about his financial interests and his role in the Queensland Retail Traders and Shopkeepers Association.

A year later, Driscoll was charged by the Crime and Corruption Commission for soliciting secret commissions worth at least $400,000 on behalf of the QRTSA from Wesfarmers and Woolworths in October 2012 while he was in office……

Driscoll did not speak to the media as he left the court with his wife Emma, who was sentenced in September to three years jail, wholly suspended, for multiple counts of falsifying a record and making a false declaration.

Thursday 1 December 2016

Australian internet speeds improving at snail's pace


My Broadband v Reality has been running a State of the Internet online survey here.

On 24 November 2016 the organisers tweeted some interim survey results:

Which ISP do you use?

Telstra 26.2%
iiNet 14.7%
Internode 11.7%
TPG 10.4%
Optus 9.2%
Skymesh 6.7%
These are the five most common Internet service providers named by survey respondents

What type of Internet connection?

ADSL 54.9%
Satellite 10.4%
FttP 9.4%
HFC 8.1%
FttN 6.1%

Median download speed of the 400 survey respondents was 11Mbps.
Average download speed was 22.9Mbps

Average cost of Internet plan : $84.34 per month

To place these preliminary results in perspective here are the April-June 2016 Top 10 average connectivity rankings found in Akamai Technologies latest State of the Internet report:


Here is how Australia officially compares with some of its trading partners:

IQ rankings and where Donald J Trump might just fit


**Please note before reading that there is no verifiable proof available online for the Intelligence Quotients (IQs) listed.This post is based on a casual Google search**

Standardised IQ tests produce a rough approximation of an individual’s perceived intelligence level in comparison to others.  An I.Q somewhere between 90 and 110 is usually considered average intelligence and an estimated 8.9 per cent of the population is likely to have an IQ score of 120 or over.

This is what Donald Trump says of his own intelligence level:
Browsing the Internet gives some examples of estimated intelligence levels of famous and not-so-famous individuals ranging from paragons of virtue through to serial killers:

187. Bobby Fischer 
185. Galileo Galilei 
180. Rene Descartes
178. Tim Roberts
175. Immanuel Kant
175. Peter Rodgers
170. Stephen Hawking
170. Paul Allen
168. Sharvin Jeyendran
165. Charles Darwin
165. Wolfgang Amadeus Mozart
162. Lydia Sebastian
160. Albert Einstein
160. George Eliot
160. Nicolaus Copernicus
160. Bill Gates
155. Rembrandt van Rijn
153. Joshua Madugula
150. Nolan Gould 
149. Jimmy Saville
148. Abraham Lincoln 
145. Thomas Edison
145. Napoleon
143. Richard Nixon
141. Adolf Hitler
140. George Washington
140. Hillary Clinton
140. The woman down the road from me  
132. Nicole Kidman
130. Barack Obama
125. George W. Bush
120. Ulysses S. Grant
120. Dwight D. Eisenhower
ß--------------------------------------------------- Right about here is where I would place U.S. Republican president-elect Donald John Trump based on his own estimation.
119. John F. Kennedy
118. David Berkowitz
113. Zombie Girl
111. Sarah Palin
ß--------------------------------------------------- Right about here is where I would place Donald Trump based on my estimation.
109. Charles Manson
104. Max Nocerino

Wednesday 30 November 2016

Review of the Four Major Banks (First Report) published 24 November 2016


House of Representatives Standing Committee Review of the Four Major Banks (First Report), November 2016, opening lines of Chair’s forward:
Banking regulation should have two key goals: promoting financial stability and achieving strong outcomes for consumers. Financial stability is critical – but so is ensuring that consumers get a fair deal from the banking sector.

Due to Australia’s strong regulatory framework and the banking sector’s prudent management of financial risk, no Australian bank regulated by the Australian Prudential Regulation Authority (APRA) has ever failed. We need only consider the economic impact of bank failures in other nations to understand the importance of a stable banking system.

However, while they have remained financially strong, Australia’s major banks have let Australians down too frequently in too many other ways.

Australians turn to banks for assistance when making some of the most important decisions and facing some of the most serious challenges of their lives: borrowing to buy their first home; investing to support their retirement; and, in some cases, accessing insurance policies that they had hoped they would never need.

Australians should be able to trust that their bank will act in their best interests when they turn to them for help. It is clear that in some cases this has not happened….

Financial Review, graphic, 24 November 2016:

America begins to gird for battle against Trump's ideological excesses - Part 2


STATEMENT, 15 November 2016:
As scholars of Jewish history, we are acutely attuned to the fragility of democracies and the consequences for minorities when democracies fail to live up to their highest principles.  The United States has a fraught history with respect to Native Americans, African Americans and other ethnic and religious minorities.  But this country was founded on ideals of liberty and justice and has made slow, often painful progress to achieve them by righting historic wrongs and creating equal rights and opportunities for all.  No group has been more fortunate in benefiting from this progress than American Jews.  Excluded by anti-Semitism from many professions and social organizations before the Second World War, Jews in the postwar period became part of the American majority, flourishing economically and politically and accepted socially.  There are now virtually no corners of American life to which Jews cannot gain entry.  But mindful of the long history of their oppression, Jews have often been at the forefront of the fight for the rights of others in this country.
In the wake of Donald Trump’s electoral victory, it is time to re-evaluate where the country stands. The election campaign was marked by unprecedented expressions of racial, ethnic, gender-based, and religious hatred, some coming from the candidate and some from his supporters, against Muslims, Latinos, women, and others.  In the days since the election, there have been numerous attacks on immigrant groups, some of which likely drew inspiration from the elevation of Mr. Trump to the presidency of the United States.
Hostility to immigrants and refugees strikes particularly close to home for us as historians of the Jews.  As an immigrant people, Jews have experienced the pain of discrimination and exclusion, including by this country in the dire years of the 1930s. Our reading of the past impels us to resist any attempts to place a vulnerable group in the crosshairs of nativist racism.  It is our duty to come to their aid and to resist the degradation of rights that Mr. Trump’s rhetoric has provoked.
However, it is not only in defense of others that we feel called to speak out.  We witnessed repeated anti-Semitic expressions and insinuations during the Trump campaign.  Much of this anti-Semitism was directed against journalists, either Jewish or with Jewish-sounding names.  The candidate himself refused to denounce—and even retweeted--language and images that struck us as manifestly anti-Semitic.  By not doing so, his campaign gave license to haters of Jews, who truck in conspiracy theories about world Jewish domination.
We condemn unequivocally those agitators who have ridden Trump’s coattails to propagate their toxic ideas about Jews. More broadly, we call on all fair-minded Americans to condemn unequivocally the hateful and discriminatory language and threats that have been directed by him and his supporters against Muslims, women, Latinos, African-Americans, disabled people, LGBT people and others. Hatred of one minority leads to hatred of all. Passivity and demoralization are luxuries we cannot afford. We stand ready to wage a struggle to defend the constitutional rights and liberties of all Americans. It is not too soon to begin mobilizing in solidarity.
Mika Ahuvia, University of Washington
Allan Amanik, Brooklyn College of CUNY
Karen Auerbach, Brandeis University
Leora Auslander, University of Chicago
Eugene M. Avrutin, University of Illinois
And 193 more signatories
***********

Jonathan Greenblatt, director of the Anti-Defamation League (ADL)
              ***********
You Do Not Represent Us: An Open Letter to Donald Trump


Dear Mr. Trump:

At the Wharton School of the University of Pennsylvania, students are taught to represent the highest levels of respect and integrity. We are taught to embrace humility and diversity. We can understand why, in seeking America’s highest office, you have used your degree from Wharton to promote and lend legitimacy to your candidacy.

As a candidate for President, and now as the presumptive GOP nominee, you have been afforded a transformative opportunity to be a leader on national and international stages and to make the Wharton community even prouder of our school and values.

However, we have been deeply disappointed in your candidacy.

We, proud students, alumni, and faculty of Wharton, are outraged that an affiliation with our school is being used to legitimize prejudice and intolerance. Although we do not aim to make any political endorsements with this letter, we do express our unequivocal stance against the xenophobia, sexism, racism, and other forms of bigotry that you have actively and implicitly endorsed in your campaign.

The Wharton community is a diverse community. We are immigrants and children of immigrants, people of color, Muslims, Jews, women, people living with or caring for those with disabilities, and members of the LGBTQ community. In other words, we represent the groups that you have repeatedly denigrated, as well as their steadfast friends, family, and allies.

We recognize that we are fortunate to be educated at Wharton, and we are committed to using our opportunity to make America and the world a better place — for everyone. We are dedicated to promoting inclusion not only because diversity and tolerance have been repeatedly proven to be valuable assets to any organization’s performance, but also because we believe in mutual respect and human dignity as deeply held values. Your insistence on exclusion and scapegoating would be bad for business and bad for the American economy. An intolerant America is a less productive, less innovative, and less competitive America.

We, the undersigned Wharton students, alumni, and faculty, unequivocally reject the use of your education at Wharton as a platform for promoting prejudice and intolerance. Your discriminatory statements are incompatible with the values that we are taught and we teach at Wharton, and we express our unwavering commitment to an open and inclusive American society.

Signed by 4,028 members of the Wharton community as of 6 November 2016. 

This letter reflects the personal views of its signatories only and is not affiliated with the Wharton School. The Wharton School takes no political position and does not comment on its students, alumni, or faculty.

Democratic Congresswoman for 5th District of Massachusetts Katherine Clarkmedia release, 17 November 2016:

Washington, D.C. -- Congresswoman Katherine Clark has introduced legislation to ensure that U.S. Presidents are required to resolve any conflicts of interest with regard to financial interests and official responsibilities. Current law prohibits federal office holders from engaging in government business when they stand to gain profit. The President and Vice President are currently exempt from this statute. 
Clark’s Presidential Accountability Act removes this exemption and requires the President and Vice President to place their assets in a certified blind trust or disclose to the Office of Government Ethics and the public when they make a decision that affects their personal finances. 
This issue has been elevated to greater importance as concerns of conflicts of interest have surfaced in the first week of the President-elect’s transition period. From the Trump Organization’s federal contract to operate the President-elect’s hotel in the Old Post Office Pavilion in Washington, D.C. to the scale of his debt to foreign banks, the President-elect’s business interests present an unprecedented level of conflict. Trump has also appointed his children to serve in leadership positions on both the President-elect’s transition team and his businesses. 
Clark’s Presidential Accountability Act prohibits the President from engaging in government responsibilities from which they or their families can benefit financially.
“The President of the United States has the power to affect how our tax dollars are spent, who the federal government does business with, and the integrity of America’s standing in a global economy,” said Clark. “Every recent president in modern history has taken steps to ensure his financial interests do not conflict with the needs of the American people. The American people need to be able to trust that the President’s decisions are based on the best interests of families at home, and not the President’s financial interests.”
Previous American presidents including Lyndon Johnson, Jimmy Carter, Ronald Reagan, George H.W. Bush, Bill Clinton, George W. Bush and Barack Obama have all used some form of blind trust or placed their assets in an investment vehicle over which they had no control.
Full text of H.R. 6340 can be found here.
The Hill, 23 November 2016:

A number of Democratic Electoral College electors are planning to use their votes to undermine the election process in opposition to President-elect Donald Trump,
Politico is reporting.

Some electors are lobbying their Republican counterparts to vote for someone other than Trump in an attempt to deny him the 270 votes required to elect him, according to the news outlet.

They are also contemplating whether to cast their votes for someone other than Hillary Clinton, like Mitt Romney or Gov. John Kasich (R-Ohio).

With at least six electors already vowing to become "faithless," the defection could be the most significant since 1808, when six Democratic-Republican electors refused to vote for James Madison, choosing vice presidential candidate George Clinton instead.

The electors acknowledge that it is unlikely that they will be able to block Trump from gaining office, Politico reported, but they are optimistic that their effort will raise enough questions about the Electoral College to reform or abolish it.

"If it gets into the House, the controversy and the uncertainty that would immediately blow up into a political firestorm in the U.S. would cause enough people — my hope is — to look at the whole concept of the Electoral College," one of the electors told Politico.

It’s unclear how many, if any, Republicans have signed on to the effort.

Twenty-nine states legally require their electors to obey the results of the popular vote in their state.

The Washington Post, 25 November 2016:

An election recount will take place soon in Wisconsin, after former Green Party presidential candidate Jill Stein filed a petition Friday with the state’s Election Commission, the first of three states where she has promised to contest the election result.

The move from Stein, who raised millions since her Wednesday announcement that she would seek recounts of Donald Trump’s apparent election victories in Wisconsin, Pennsylvania and Michigan, came just 90 minutes before Wisconsin’s 5 p.m. Friday deadline to file a petition…..

Trump secured a total of 1,404,000 votes in Wisconsin, according to the commission; Clinton had 1,381,823.

In the end, Stein, who secured 31,006 votes in Wisconsin, was not the only presidential candidate to demand a recount. Roque “Rocky” De La Fuente, the Reform Party nominee who got 1,514 Wisconsin votes, also filed a recount petition, according to the state’s Election Commission.

To be on the safe side, the group of experts urged a recount — but it was Stein’s campaign that ended up demanding one, soliciting at first $2.5 million and later up to $7 million to fund the recounts. As of Friday evening, Stein’s campaign reported taking in over $5.25 million in recount-related donations — the most by a third-party candidate in history.

Wisconsin has the first deadline of the three states in question. If Stein’s campaign wishes to file recount petitions in the other states as promised, she must do so by Monday to meet Pennsylvania’s deadline, and Wednesday to meet the Nov. 30 deadline in Michigan.

In a statement, Wisconsin Elections Commission Administrator Michael Haas guessed that the cost and complexity of the recount would be in excess of the state’s last recount in 2011, which carried a price tag of more than $520,000. In that recount over a state Supreme Court seat, the commission had to recount 1.5 million votes — about half the 2.975 million ballot votes that were cast during the 2016 presidential election.

Jill Stein website as of 30 November 2016:

Congratulations on meeting the recount and legal costs for Wisconsin and Pennsylvania! Raising money to pay for the first two recounts so quickly is a miraculous feat and a tribute to the power of grassroots organizing.
Now that we have completed funding Wisconsin's recount (we filed on Friday) and fundraising for Pennsylvania's voter-initiated recount (due Monday), we will focus on raising the needed funds for Michigan's recount (due Wednesday). The breakdown of these costs is described below!