Tweet of the Week

I've never wanted to be in a gang more than this one. pic.twitter.com/9PiJIc2bOe

— Back To Nature (@backt0nature) December 29, 2017

Quotes of the Week

“In his dual careers as lawyer and merchant banker, Malcolm Turnbull has earned a reputation that inspires a mix of awe, fear and, among some, downright loathing.” [Journalist John Lyons writing in The Sydney Morning Herald, 1991]

“Of all personality measures, sadism showed the most robust associations with trolling and, importantly, the relationship was specific to trolling behavior. Enjoyment of other online activities, such as chatting and debating, was unrelated to sadism. Thus cyber-trolling appears to be an Internet manifestation of everyday sadism.” [Erin E. Buckels et al, writing in Personality and Individual Differences, “Trolls just want to have fun”]

“Few New Yorkers want to play golf at a course named after a man who hailed Nazis as “very fine people” and rhapsodized over the men who fought to preserve slavery during the Civil War.” [Oliver Willis writing at Shareblue Media, 28 December 2017]

GM-free canola a winner says Gene Ethics

On 22 August 2016, Australia submitted a report to the European Union (EU) presenting the results of calculations of greenhouse gas emissions from the cultivation of canola oilseed in Australia and in December 2017 the EU approved Australian canola for import as low greenhouse gas emission produce for bio-fuel, animal feed and food.

Gene Ethics, 3 January 2018:

GM-free canola a winner
A CSIRO researcher confirms that Australian farmers achieved a $100 million per year premium, with the extra $20-$40/tonne paid for their GM-free canola. Australia has favoured EU access for its GM-free canola, by meeting Europe's tough Renewable Energy Greenhouse Gas Savings Target. Our canola offers more options for the European supply chain, as residues from biofuel production can be used for animal feed and oil for human consumption. The vast majority of Australian canola is GM-free.

 GM-free Shopping List is here.

Australian Politics 2018: and you foolishly thought things might get better this year

Well the democracy canary in the political coal mine fell senseless to the bottom of its cage this month when the Turnbull Government admitted that a high level of secrecy would surround its extra-parliamentary review of religious freedom in Australia.

The Sydney Morning Herald, 3 December 2017:

Public submissions to the Turnbull government's review of religious freedom in Australia will be kept secret, in a marked departure from normal processes, according to Prime Minister Malcolm Turnbull's department.

The department, which has control of the inquiry, said it would not publish the submissions, which is in stark contrast to ordinary parliamentary inquiries, in which most submissions are automatically released.

"Submissions to the Expert Panel will not be published online," a department spokesman said in an emailed statement. "However, where individuals provide consent, submission extracts may be included in public materials."

Late on Tuesday, however, Mr Turnbull's media team sought to intervene by suggesting inquiry chairman Philip Ruddock would decide if submissions were published. The PM's office then instructed his own department to issue a new statement to that effect.

An hour later, the department said decisions on releasing submissions would rest on "whether individuals have provided consent", but that appears impossible, because the online consent form assures people their submission "will not be published in its entirety".

It is expected the high-profile inquiry - prompted by fears about the impact of same-sex marriage on religious practice - will attract submissions from Australia's biggest churches, including the Catholic and Anglican archdioceses of Sydney and Melbourne. It presents an opportunity for religious organisations and other advocates to spell out the exact changes to the law they believe are necessary.

Mr Ruddock said when contacted on Tuesday that the panel had not discussed the publication of submissions and ultimately it was a matter for the PM's department…..

The expert panel - which also includes Australian Human Rights Commission president Rosalind Croucher, Catholic priest Frank Brennan and retired judge Annabelle Bennett - is expected to meet for the first time next Wednesday. 

However, the negative response in mainstream and social media saw the democracy canary revived and placed on life support as the secrecy provisions in the online Consent form have been changed and now only apply to all those submissions received to date.

"The Expert Panel has not yet determined a final approach to publication of submissions. Submissions already provided will not be published without the agreement of the author" 

Which given that the majority of submissions would have been received by now means that it is highly unlikely that submissions made on behalf of religious institutions will ever be published by the Expert Panel.

NOTE

The submission period for the Religious Freedom Review commenced in December 2017 and ends on 31 January 2018 with the Expert Panel to deliver its findings by 31 March 2018.

NSW Auditor-General not impressed by government agencies cyber security risk management

“Specific financial reporting, controls and service delivery comments are included in the individual 2017 cluster financial audit reports tabled in Parliament from October to December 2017.” [NSW Auditor-General, Report on Internal Controls and Governance 2017, December 2017]

On 20 December 2017 the NSW Auditor-General released the Report on Internal Controls and Governance 2017.

The Sydney Morning Herald reported on 28 December 2017:

Two-thirds of NSW government agencies are failing to properly safeguard their data, increasing the risk of improper access to confidential information about members of the public and identity fraud by cyber criminals.

The finding has emerged from an audit of dozens of government agencies, including those holding highly sensitive personal information collected from millions of citizens, such as NSW Health, the department of education, NSW Police Force, Roads and Maritime Services and the justice department.

While the report by auditor-general Margaret Crawford does not name the agencies failing to properly manage privileged access to their systems, it highlights the potential consequences.

"Personal information collected by public sector agencies about members of the public is of high value to cyber criminals, as it can be used to create false identities to commit other crimes," she says in the report.

"Despite these risks, we found that one agency had 37 privileged user accounts, including 33 that were dormant. The agency had no formal process to create, modify or deactivate privileged users."

Overall, Ms Crawford's report found 68 per cent of NSW government agencies "do not adequately manage privileged access to their systems".

In addition, she said, the audit determined that 61 per cent of agencies "do not regularly monitor the account activity of privileged users".

"This places those agencies at greater risk of not detecting compromised systems, data breaches and misuse," the report said.

The audit found 31 per cent of agencies "do not limit or restrict privileged access to appropriate personnel". Of those, just one-third monitor the account activity of privileged users.

It found that almost one-third of agencies breach their own security policies on user access.

The report warns that if agencies fail to implement proper controls "they may also breach NSW laws and policies and the international standards that they reference".

Read the full article here.

List of NSW Government Agencies Examined by NSW Auditor-General

Education

Department of Education

Family and Community Services

Department of Family and Community Services

New South Wales Land and Housing Corporation

Finance, Services and Innovation

Department of Finance, Services and Innovation * Specifically identified in report

Place Management NSW

Property NSW

Service NSW

Health

NSW Health

Industry

Department of Industry

Destination NSW

Forestry Corporation of New South Wales

Office of Sport

TAFE Commission

Water NSW

Justice

Department of Justice

Fire and Rescue NSW

Legal Aid Commission of New South Wales

NSW Police Force

Office of the NSW Rural Fire Service

Planning and Environment

Department of Planning and Environment

Essential Energy

Hunter Water Corporation

Landcom

Office of Environment and Heritage

Office of Local Government

Sydney Water Corporation

Premier and Cabinet

Department of Premier and Cabinet

Transport

NSW Trains

Rail Corporation New South Wales

Roads and Maritime Services

Sydney Trains

Transport for NSW

WCX M4 PTY Limited

WCX M5 PTY Limited

Treasury

Crown Finance Entity

Insurance and Care NSW

Lifetime Care and Support Authority

NSW Treasury Corporation

NSW Self Insurance Corporation

Excerpt from Report on Internal Controls and Governance 2017:

Some deficiencies were common across agencies

The most common internal control deficiencies were poor or absent IT controls related to:

user access management

password management

privileged access management

user acceptance testing.

The most common governance deficiencies related to:

management of cyber security risks

capital project governance

management of shared service arrangements

conflicts-of-interest management

gifts-and-benefits management

risk management maturity

ethical behaviour policies and statements.

President Trump still doesn't have outright victory for his policy of banning Muslim entry to USA and the legal fight opposing these bans enters its second year

The legal fight against President Donald J. Trump’s Muslim travel bans ended 2017 with another victory for the State of Hawaii et al and the fight now enters its second year on 3 February 2018.

United States Courts of Appeals – Ninth Circuit, STATE OF HAWAII; ISMAIL ELSHIKH; JOHN DOES, 1 & 2; MUSLIM ASSOCIATION OF HAWAII, INC., Plaintiffs-Appellees, v. DONALD J. TRUMP, in his official capacity as President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; KIRSTJEN M. NIELSEN, in her official capacity as Secretary of Homeland Security; U.S. DEPARTMENT OF STATE; REX W. TILLERSON, in his official capacity as Secretary of State; UNITED STATES OF AMERICA, 22 December 2017:

For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President’s power to curtail entry of foreign nationals in this appeal of the district court’s order preliminarily enjoining portions of § 2 of Proclamation 9645 entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (the “Proclamation”).

The Proclamation, like its predecessor executive orders, relies on the premise that the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., vests the President with broad powers to regulate the entry of aliens. Those powers, however, are not without limit. We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority. The Government’s interpretation of 8 U.S.C. § 1182(f) not only upends the carefully crafted immigration scheme Congress has enacted through the INA, but it deviates from the text of the statute, legislative history, and prior executive practice as well.

Further, the President did not satisfy the critical prerequisite Congress attached to his suspension authority: before blocking entry, he must first make a legally sufficient finding that the entry of the specified individuals would be “detrimental to the interests of the United States.” 8 U.S.C. § 1182(f). The Proclamation once again conflicts with the INA’s prohibition on nationality-based discrimination in the issuance of immigrant visas. Lastly, the President is without a separate source of constitutional authority to issue the Proclamation.

On these statutory bases, we affirm the district court’s order enjoining enforcement of the Proclamation’s §§ 2(a), (b), (c), (e), (g), and (h). We limit the scope of the preliminary injunction, however, to foreign nationals who have a bona fide relationship with a person or entity in the United States…..

For all of these reasons, we affirm in part and vacate in part the district court’s preliminary injunction order. We narrow the scope of the injunction to give relief only to those with a credible bona fide relationship with the United States, pursuant to the Supreme Court’s decision in IRAP, 137 S. Ct. at 2088. In light of the Supreme Court’s order staying this injunction pending “disposition of the Government’s petition for a writ of certiorari, if such writ is sought,” we stay our decision today pending Supreme Court review. Trump v. Hawai‘i, No. 17A550, — S. Ct. —, 2017 WL 5987406 (Dec. 4, 2017). Because we conclude that Plaintiffs have shown a likelihood of success on their statutory claims, we need not reach their constitutional claims.

Video of closing argument on behalf of Plaintiffs-Appellees:

https://www.c-span.org/video/?c4701602/hawaiivtrump3closing

The matter is ongoing in 2018.

Background can be found at University of Michigan Law School, Civil Rights Litigation Clearing House.

How US President Donald J Trump made one particular book an immediate best-seller

On 3 January 2018 excerpts from a soon to be published book, “Fire and Fury: Inside the Trump White House” were published in The Guardian newspaper.

The following day brought news of a letter to former Trump chief strategist Steve Bannon…..

ABC News, 4 January 2018:

Trump attorney Charles J. Harder of the firm Harder Mirell & Abrams LLP, said in a statement, "This law firm represents President Donald J. Trump and Donald J. Trump for President, Inc. On behalf of our clients, legal notice was issued today to Stephen K. Bannon, that his actions of communicating with author Michael Wolff regarding an upcoming book give rise to numerous legal claims including defamation by libel and slander, and breach of his written confidentiality and non-disparagement agreement with our clients. Legal action is imminent."

In the letter to Bannon, Harder, writes, "You [Bannon] have breached the Agreement by, among other things, communicating with author Michael Wolff about Mr. Trump, his family members, and the Company, disclosing Confidential Information to Mr. Wolff, and making disparaging statements and in some cases outright defamatory statements to Mr. Wolff about Mr. Trump, his family members, and the Company, knowing that they would be included in Mr. Wolff’s book and publicity surrounding the marketing and sale of his book."

Along with a letter to Macmillan Publishers (Henry Holt & Company INC) and author Michael Wolff…..

CBS News, 4 January 2018:

President Trump's personal lawyer has issued a cease and desist letter to author Michael Wolff and Wolff's publisher over the release of explosive excerpts of "Fire and Fury: Inside Trump's White House." The letter demands that Wolff and the publisher halt all publication and apologize to the president for "defaming" him.

The letter from lawyer Charles Harder, dated Thursday, comes after excerpts of Wolff's book have cast the president and much of his White House in an unflattering light, portraying the commander-in-chief as someone who does not understand constitutional amendments, and is sometimes not taken seriously by key advisers. The letter accuses Wolff and Henry Holt and Company of publishing false statements about the president. 

"Your publication of the false/baseless statements about Mr. Trump gives rise to, among other claims, defamation by libel, defamation by libel, defamation by libel per se, false light invasion of privacy, tortious interference with contractural relations, and inducement of breach contract," the letter says. 

Mr. Trump, according to the letter, demands that publication of the book immediately cease, along with the publication of any excerpts or summaries. The letter also insists that a "full and complete retraction" be issued, along with an apology to Mr. Trump. 

The letter also demands a full electronic copy of the book "in searchable form" be given to Mr. Trump's lawyers.

Full text of letter here.

What happened after is that in the following order:

1. the book was published on 5 January 2018 ahead of the previously announced date and bookstores quickly sold out of hard copies on hand;

2. @RealDonaldTrump's thumbs began to work overtime as he began to tweet his displeasure commencing 6 January;

3. Steve Bannon blinked on 8 January and issued an ‘apology’; 

4. Also on 8 January lawyers for Macmillian Publishers formally replied to the 'cease and desist' letter; and

5. Macmillan Publishers (founded circa 1843) issued this pushback statement on 9 January

Macmillan Publishers’ CEO John Sargent, Twitter, 9 January 2018

The ball is now back with Donald Trump.

Will he be stupid enough to proceed to litigation?