Do the right thing!

A new linkedin blog by me on the fine print of the GDPR’s “legitimate interest”. The print is not so fine, and in summary, you don’t need to read the fine print to do the right thing.

When claiming a legitimate interest, the privacy rights of data subjects are established as controlling the data processor/controller’s legitimate interest by the requirement to recognise the “fundamental rights and freedoms” of the data subject. The “fundamental rights and freedoms” are defined in the Charter of Fundamental Rights

Due to indirection and thus undocumented nature of the data subject’s consent inherent in legitimate interest, I’d advise finding another lawful purpose. …

Three things about TIG

A couple of thoughts on the new “The INdependent Group of England” (TINGE).

The word Independent has a specific meaning under electoral law and there are no barriers to its use; if they seek to use such a name in a general election they will find the space crowded and there will be restrictions on what they can do.

Much has been made of the argument, “they stood on Labour’s manifesto”, it’s unlikely that the Labour defectors did; there was an ‘shadow’ election address which despite it being blessed by Southside, didn’t mention the manifesto or even the Labour Party.

“The Independent Group” doesn’t say the same as “Social Democratic Party”, Owen Jones looks at the political foundations of the latter and compares it, unfavourably, to today. The vacancy of their ideology and policy portfolio is illustrated in Chris Leslie’s interview in the New Statesman. The arrogance and the politics make it hard to remain disappointed. …

History, tragedy & farce

History, tragedy & farce

The splitters have been joined by one more Labour MP, and three Tories. Paul Mason comments with sense on the New Statesman, “To save his project, Jeremy Corbyn must bring Labour’s old guard on side“; it would seem that he agrees with me, it’s important to minimise the split, and constrain it to careerist malcontents. In a video, Tom Watson argues correctly that this is not a time for anger or glee and that we need to remember our, or Jeremy’s, promise of a kinder gentler politics. We must convince other doubters that only Labour can make the changes in society that are needed. This article looks at these responses and also examines the history and electoral impact of the foundation of the SDP last time, and its predecessors, specifically in the light of Dick Taverne’s decision to resign immediately and defend his seat. …

The Magnificent Seven, not!

The most important news yesterday was the announcement by Honda that they were leaving the UK. I don’t know if this could have been stopped short of revoking Article 50, but that’s 3,500 jobs going in Swindon plus those in the UK supply chain. However the noisiest story was the resignation from the Labour Party of 7 MPs. I am disappointed that its come to this, and sad to see those I know go. The story was made more poignant by the re-admission of Derek Hatton to the Labour Party, much to the excitement and condemnation of the right-wing commentariat. He was expelled, or auto-excluded, 34 years ago. The remainder of this article, see below/overleaf, examines the pointlessness of the split, the need for a “kinder gentler politics” on both sides of the factional divide, the other seven expelled/suspended MPs and finishes by looking at the politics and personalities of the SDP spit and comparing it with that of today. …

That’s you that is!

I am beginning to find the debate on Brexit with with local party comrades very frustrating, specifically those who believe that leaving the EU is a path to a better society; my frustration with the triangulators is different.

During the Referendum, everyone who didn’t like the EU voted No, with views from what has become Norway+ to those who want to leave on WTO or no terms. In a very short while, if not already, the terms of leaving become/became specific and they will need to decide whether these terms are suitable. It was fantasy against a reality, or more accurately several fantasies against a reality and the leaver’s fantasy has disappeared.

The choice between a specific exit and remain is different and they will need to make a new choice, they will need to make a judgement as to the specific terms on offer are satisfactory, that is unless you take the view that disruption caused by leaving the EU on any terms will cause a mass rising of “left wing” revolutionary conciousness. This argument is rarely made outside the Socialist Party.

Terms written by the Tories for purposes of party unity are unlikely to or shouldn’t satisfy socialists and yet we still find some of them supporting “Brexit” without stating their terms, strategy or how they’ll make society better or what their better society would look like, except that a Corbyn led government will make things better, irrespective of whether their policy will make this more likley or not. On the other hand, we have a bunch of Labour MPs other than the usual suspects, who are preparing to break the whip, and break Party Conference policy if offered May’s deal or No Deal.

As a left, we should unite to stop the Tory Brexit.

I repeat what I said, without quoting David Baddiel this time, if we leave, it’ll be bad, or very bad and everyone who can be blamed will be.

I ask, “What will they say to those who lose their jobs or suffer other oppressions, including deportation, restriction on medical treatment or restrictions on movement, such as being unable to visit their family, or bring them here, because of Brexit and I do not mean this as how to express empathy; what will you suggest they do to make their lives better through political action and why would they listen to you?”

ooOOOoo

For more, see also, The ground is shifting …

Dark clouds over the sea

Dark clouds over the sea

A friend and Labour Party member writes,

Problem is the next election won’t be fought on our ground or the manifesto it will be all Brexit. More precisely the fall out and ongoing shambles that will be Brexit. It will be a very fluid and febrile political environment. That will make normal politics difficult and in my view setting the campaign agenda will be next to impossible. It will be a relentless buffet at the hands of the wider political winds. All due respect by the Party is kind of shit at reactive PR and messaging.

The economic fall out of what I now about 75% anticipate will be a no deal crash out on 29th March will be crippling. I predict the UK economy shrinking by enough that we drop out of the G7 inside 3-5 years. I also anticipate unemployment in the several millions maybe as high as 5/6 million across roughly the same period. Some of this could be alleviated if Tories used big time stimulus spending by way of PQE type money creation. Although that gets capped to an extent by currency values declining and the overall productive value of the UK economy. But it is more likely the Tories will decide super austerity is the answer and start slashing and burning every aspect of the Public sector. As Parliament is Sovereign and there won’t be an EU there is no limit to what they can do. I predict a labour market that will look a lot like the US one inside a relatively short period. I have worked in the USA, (actually in banking, boo, but I did hate it). You can be fired at will and have no legal recourse.

Now factor in Scotland having Indy Ref 2 (they will) and most likely waving good bye (with 40-50 non Tory MP’s gone). Scotland leaving is another major economic shock and the shift from sterling being valued as a petro currency to being based on the English/Welsh/NI economy will weaken it again. NI is not self sustaining economically and it is very vulnerable to the areas that a hard Brexit will hit hardest. Agri Business is 10% of NI GDP a hard Brexit is going to cripple it. Sheep farming will be wiped out in NI and dairy and beef will be badly hurt. NI won’t be a productive part of the UK economy and it is unlikely Wales will be either. The whole weight will be England and the SE will dominate that at the expense of the North. We will be in an economic position that will be at least as weak as it was in the early 70’s after the oil shocks and probably worse because our economy is now so heavily service and finance based and Brexit is going to hit them very hard.

I could go on but you get the picture. Politically Tory slash and burn may shift public mood to wanting a change and give us a chance. I am not entirely convinced that will be how it plays out. In times of fear and crisis people want leaders who offer the answers and seem strong and certain. In truth that is the worst kind of leadership but it is a natural human reaction to seek it at times of crisis. The prolonged Brexit crisis may push voters towards a strongman type right wing leader rather than Labour so I don’t see unfolding Brexit disaster as necessarily delivering up conditions for a Labour GE win. It might but it might not.

Even if we got a GE win in say 2021/22 the idea we will be in any kind of position to push the big spending priorities in the manifesto is unicorn thinking. If we still have the Fiscal Credibility Rule and apply it then we will more likely be delivering Labour austerity. If we dumped the FCR we might be able to use greater stimulus spending by PQE but without productive growth and an economic base this is a more limited option. No point printing money to build bridges or infrastructure in economic wastelands. It would only push a short term boost. The longer term rebuilding of the economy from Brexit will be very difficult and in my view will be a 3 to 5 decade project. The options will be a slow rebuild and restructure over 30-50 years or the other option that will quite likely arise as a political force will be to re-join the EU. Problem with that is we don’t get the same conditions as now we might have to join the Eurozone. That changes the dynamic and makes re-joining far less attractive. If we could avoid the Euro maybe but unless it is reformed it is not a good economic deal for the UK (what will be left of the UK).

Again sorry to be pessimistic and bum everyone out. This is why I have been so cross about Brexit and the Leadership approach to it. I personally think JC doesn’t get the right info because of the bunch of Stalinist twats around him in LOTO. Whatever the cause it is what it is and most likely the die is now cast for a hard Brexit. How to ride that torrent in the near to medium term is going to be very difficult and sorry to be critical but I don’t have a huge amount of confidence in the Party’s ability to be strategic and nimble enough to cope with it effectively.

 …

A giant juke box

A giant juke box

This (European) Commission and Parliament must be the worst ever. Previous Parliaments have stopped ACTA & TTIP, previous Commissions have sanctioned Microsoft and Intel but it seems that this regime is going to commit two huge mistakes in regulating the new techno-economy.

The European Council has made the proposed Copyright Directive even worse! The link tax and the upload filters are still in place but the protections for authors and researchers have been weakened. The duties on social media sites with respect to licensing material are onerous to the extent of impossibility but then the law was always designed to transfer money from the datenkraken to legacy publishing businesses and turn the internet into a commercial jukebox. It’s so poor that despite,

As the entertainment industry representatives have said repeatedly during this fight, they are after nothing less than a fundamental reshaping of the Internet, where our ability to use networks for employment, family, civics, politics, education, collaboration, romance, and all the other purposes we put them to are subordinated to the use of the Internet as a glorified jukebox and video-on-demand service — where killing every EU competitor to U.S. Big Tech is an acceptable price to pay if it means transferring a few points to Big Content’s balance sheet. corydoctorow @eff

even the music companies now no longer want this law as it is.

The other piece of legislation is the Public Sector Information (PSI) Directive in which the Government’s have weaked the principle that public money buys public domain. For more see Glyn Moody on Tech Dirt, EU’s New ‘Open By Default’ Rules For Data Generated By Public Funding Subverted At The Last Minute.

Julia Reda, the Euro Pirate Party MEP writes on how to stop the Copyright Directive and points that the final votes in the Parliament will take place in the run-up to the Parliamentary elections. Not sure if the UK is taking part in them, or if there will be a selection for the candidates in the Labour Party, there wasn’t in 2012, they forgot, but I shall be writing to the Labour MEPs asking them to vote to support freedom of speech and a free internet.

You might want to too! …

Trade & Brexit

Trade & Brexit

A friend posted a link to Larry Elliot’s article, “Ignore the free-trade evangelists. Brexit can create a fairer economy“, suggesting its critique of international trade implied some sunny upland in a post Brexit world. The article is sub titled “Free market economics created a world fit for multinationals. But we need less frictionless trade and more local control”., using a global context argument and yet diminishing the regulatory power which we share with the rest of the EU. The EU have sanctioned Microsoft, Intel, Apple & Google. The EU killed the ACTA & TTIP trade agreements. (Although not CETA, the Canadian version of TTIP). That is local control.

In no post-Brexit world, where we will take years to join the WTO and make new agreements with the 92 countries whose agreements we will have voided, will there be a vibrant British or Sterling economy, Elliot, and his fans are with Prof Minford in permitting if not encouraging the so-called legacy manufacturing industry to off-shore.

We should note that our Balance of Payments has been in deficit for, well forever really but is current running at £100bn p.a. about the same size as the crisis debt/deficit level that the Tories, supported by both the LibDems and rump New Labour used to justify austerity.

The UK will be poorer, and this misery will not be shared evenly and people will get angry. Anyone, with their hand dirty will be blamed. …

Looking back about Data Centre location

Looking back about Data Centre location

I just came across some writing I did while working at Sun Microsystems; they/we were considering building a cloud platform in Europe and I was part of the team evaluating the potential location. (This would have been 2008/2009.

The key driver for locations was thought to be firstly the IT infrastructure i.e. networks and power, an EU compliant data protection regime, and political stability, with skills supply coming a 4th.

We argued for London or Amsterdam, which is quite funny 10 years later as London looks to leave the EU and there are growing doubts about its GDPR compliance.

I argued that Sun needed to avoid dis-intermediation and retain brand loyalty; this may have been impossible as part of a Cloud offering but it had the world’s leading software superstructure products at the time. I argued that IaaS was not enough to make it work for Sun and thus initiatives like Project Kenai (a predecessor to GitHub) were important indicators of what we should do, although the font in which I did it was quite small. I didn’t see that this was crucial, but when Sun announced its cancellation, I knew that this was part of the end and a decision taken by those that fetishised hardware. Interestingly Oracle reversed this decsion, and it staggered on for another eight years. It was one of a huge number of destructive decisions taken by a management who won by luck until it ran out.

Interesting to see where I was right and where I was wrong and just how much has changed in 10 years. …