I don’t consent to this search, Mrs Tolley

The Ministry of Education has released guidelines regarding schools searching students and confiscating their property. The Education Act doesn’t specifically give schools the power to search and the issue hasn’t come before a New Zealand court before, so the guidelines really are just that. It’s possible though that courts would say that searching is an implied power under the general umbrella of a board having “complete discretion to control the management of the school as it thinks fit.”

On the other hand, it could be argued that as significant privacy issues are involved and that the power of search is not specifically given to schools that such searches are not lawful.

The protection from unreasonable search and seizure comes from the New Zealand Bill of Rights Act:

“Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.”

Risk to safety

Backpack contentsThese three words form the basis of the guidelines. The item being searched for must pose a risk to safety.

“Risk to safety means that there are reasonable grounds to suspect that students or staff are at risk of harm from an item that poses an immediate or direct threat to physical or emotional safety.”

I interpret an item posing an immediate or direct threat as one when the student possessing it has an intention to use it right now. In the examples attached to the guidelines, staff involved consider “whether there is an imminent risk to the physical or emotional safety of students or staff …”

I struggle to think of an example where a dangerous item is all at once: not visible (because if it was visible, no search would need to take place), is about to be used, and where it would be a good idea to start trying to search the student rather than try to deescalate the situation so the item isn’t pulled out.

A common sense approach!

So basically, instead of taking the student away from others and getting the police involved to begin with, school staff should involve themselves with dangerous or illegal items, potentially escalating a volatile situation. And of course, the student that won’t willingly hand over an item they’re suspected to have will obviously be happy to comply with an intrusive and legally questionable search.

Violate rights, tell parents later

“Except in exceptional circumstances you should inform parents or caregivers after a search has been conducted (if you have not already contacted them).”

No. Parents should be contacted first, always.

Diaries, mobile phones, and laptops

The guidelines mention searching correspondence under the definition of a search. They state that this would include “written and electronic material (e.g. in a diary, on a mobile phone or on a laptop).” None are mentioned again in the guidelines, except for a laptop in a weak example (see below).

This gives the impression that a diary, mobile phone or laptop could theoretically be searched in accordance with the “imminent risk of physical or emotional harm” criteria. Cue alarm bells. How that criteria could be construed as applying to electronic devices and diaries potentially containing very private material is beyond me.

Lukewarm examples

There is no strong scenario provided with the guidelines where a search should actually be conducted.

Scenario 1: Pornography on a laptop. Example correctly concludes that a laptop isn’t a threat if it’s not turned on and so shouldn’t be searched.

Scenario 2: Students caught smoking marijuana say they were sold it by another student. No search because police have to be called because of the illegal items potentially involved.

Scenario 3: Students are lighting deodorant on fire. Friends of a student hand over their lighters. Student is suspected to still have a lighter. Example says that there is an imminent risk to the physical or emotional safety of students or staff in this situation because “a student could easily be burnt if the activity continues.” Imminent risk, really?

Concludes that “as the risk is significant it is likely that the search should – if it safe to do so – be conducted.” I say education would be better than a search. There’s nothing stopping the student from bringing another lighter the next day after he’s searched. Searching isn’t going to magically solve the underlying problem.

Scenario 4: Hearsay that a student is going to “get” another student and more hearsay about a “knife.” Student seems upset and angry, doesn’t stop when teacher asks him/her to. Example correctly concludes that searching straight away when a situation isn’t calm isn’t a good idea. Example says if staff conclude there’s an immediate risk to call the police. Tick.

Or if the situation isn’t considered an emergency: the student has calmed down, staff don’t feel threatened, they only think a small pocket knife is involved, staff can “proceed to consider … if a search is appropriate in the circumstances.” Except they can’t have it both ways. If the student is calm and wouldn’t use a knife if he/she had one (no imminent threat) then a search isn’t necessary. If the student would use a knife if he/she had one, then the police should be called.

Unnecessary and a breach of BORA

Vanushi Walters, YouthLaw solicitor speaks the truth. If the situation is serious enough for a search, it’s serious enough for the police.

“Search and seizure powers in schools are unnecessary and a breach of the Bill of Rights Act. She said the most appropriate course of action is for principals and teachers to call the police.”

Let’s make the guidelines law

But wait, there’s more.

“The Ministry was also looking in to possible legislative changes to give schools more support in what was ‘a complex legal area,’ she said.”

Give school staff equivalent or greater powers than the police have so they can search students? Okay!

You want to violate my privacy? You’ll have to put up a fight, I don’t consent to this search.

Image credit: Hello Turkey Toe

From Today: Three Strikes and You’re Out

Copyright infringements, from today, come under the poorly worded, poorly debated regime introduced in the Copyright (Infringing File Sharing) Amendment Act. Infringement notices can be sent out 21 days from today, on September 1st.

The aim is to make it easier for rights owners to take action against copyright infringers who download music, movies, TV shows, books, software etc. Peer-to-peer (P2P) file sharing is the intended target, but the law seems like it could include other types of file sharing, which will end up being clarified by the Copyright Tribunal or the courts:

file sharing is where—

  • “(a) material is uploaded via, or downloaded from, the Internet using an application or network that enables the simultaneous sharing of material between multiple users; and
  • “(b) uploading and downloading may, but need not, occur at the same time

Some examples of the software likely covered under the law (if they’re being used to download infringing content) are here.

Process

TorrentingNotices from rights owners are sent to alleged infringers through their internet protocol address provider (effectively their internet service provider), like Telecom, Orcon and Slingshot. The order of the three notices (hence the three strikes name) are a detection notice, warning notice and then an enforcement notice. What notice you’re on is specific to each rights owner, eg. if you’re on the second notice, a warning notice, with Sony, a notice sent from Universal would be a detection notice, the first notice, assuming this is your first run in with Universal. This example, however, seems like it would be muddied if Sony and Universal both use an agent to do their bidding for them and it is the same agent.

There is a 28 day on-notice period after a detection or warning notice is issued where alleged infringements against that rights owner don’t count towards the next notice.

Detection and warning notices expire nine months after the date of the original detection notice. Enforcement notices expire 35 days after they are dated. The expiration of an enforcement notice expires the previous detection and warning notices too.

Rights owners pay $25 + GST to the IPAP for each notice they send through them. IPAPs have said that this won’t cover the set up and ongoing costs that this act cause, which will probably mean higher internet prices for everyone.

Rights owners don’t see an alleged infringer’s personal details.

The Copyright Tribunal

When an alleged infringer is on an enforcement notice, the rights owner can pay $200 to take them to the Copyright Tribunal, which will normally accept written submissions, but a face to face hearing can be requested by either party. Legal representation isn’t allowed at the hearing, but the rights owner will likely be represented by someone who knows what they’re talking about. Fines can be ordered of up to $15,000. There’s a provision in the act for rights owners to apply to a District Court to get an accused’s internet access cut off for up to six months. It’s currently not available, but could theoretically be implemented at any time.

Challenging notices

The normal burden of proof is reversed with an alleged infringer having to prove that they didn’t infringe copyright (how you prove you didn’t do something, I’m not sure). A notice can be challenged by an alleged infringer. Challenges have to be received by the IPAP no more than 14 days after the notice was dated. It’s up to the rights holder whether they reject or accept the challenge. If a rights holder doesn’t respond to a challenge before the close of the 28th day after the original notice was dated, the challenge is deemed to be accepted.

Account holder

The account holder, most likely the person whose name is on the bill, is liable for any content downloaded or uploaded over the connection they pay for. Unlike speeding tickets there’s no way to transfer this liability. Schools and pupils, universities and students, businesses and employees, libraries and library users, parents and children, landlords and tenants or flatmates could all be affected because of this. This also means that account holders are liable for guests or people they don’t even know who might be accessing their unsecured wireless internet (if you’re not sure if your wireless internet is secure, you can Google something like ‘securing wireless internet’ to make sure).

Effect on illegal file sharing

The regime ends up being ridiculous because a moderately technically competent person can get around it easily. Extreme illegal file sharers are probably already protecting themselves using seedboxes or VPNs. More casual downloaders will likely swap to using seedboxes, VPNs, streaming websites, searching file storage websites like Mediafire with Google or downloading audio from YouTube after they receive a few detection notices. There’s also the possibility of them avoiding the regime using mobile internet, which isn’t covered under the law until October 2013, or by using unsecured or free Wi-Fi.

Is this the death of free Wi-Fi? Are Rugby World Cup tourists going to wonder why their accommodation doesn’t include internet access? Are some ISPs going to start blocking all P2P traffic regardless of the legality of it?

It will be interesting to see which rights owners choose to send notices under the new regime. To be honest, I’m not sure how initiating a process that leads to the Copyright Tribunal is going to want to make people spend money with a company.

More information at 3strikesNZ.

Image credit: Jennie Faber

New Zealand Driver Licence Age Changes

Update: My exemption was approved. Here’s what I wrote.

On August 1st changes were made to the graduated driver licensing system in New Zealand. The minimum age to apply for a driver licence changed from 15 to 16. That change and that the restricted age was going up with it was fairly well publicized, but what wasn’t was that the age to get a full licence also changed. This Nelson Mail/Stuff article [now offline] doesn’t mention changes to the full licence age at all. This Timaru Herald article stops at the restricted changes too. The latest AA magazine, the Winter 2011 edition of AA Directions, only talks about the changes to the learner age. Not surprisingly, people are confused. I’ve written about the NZTA being unclear before.

Exemptions

Modarres Highway, TehranHowever, if someone already paid for their licence test before August 1st, they get around the changes. If you missed out by ~10 days, you have to apply for an exemption to get your licence in the previous time frame, which seems simple at first. The NZTA says they “will grant you an exemption,” basically if you would have been able to get your licence under the guidelines before the changes and if you have a “clean driving record.”

You have to pay a non-refundable $27.20 fee, which covers the processing(???) of the application.

Not everyone is a lawyer

The exemption form (PDF) contains some complicated questions. It seems unfair to expect teenagers to be able to competently answer them.

What have you done to mitigate the risks to road safety? and

How has the legislative requirement been substantially complied with and why is further compliance unnecessary? or
What action have you taken or provision have you made that is as effective or more effective than actual compliance with the legislative requirement? or
How are the legislated requirements clearly unreasonable or inappropriate in your case? or
What events have occurred to make the legislated requirements unnecessary or inappropriate in your case?

Can someone just write “I have a clean driving record?”

Publicity

With the Zero alcohol limit Facebook adtexting ban there were advertisements in newspapers, plus it was covered well by the media. A couple of days ago I saw a Facebook ad about the new blood alcohol limit for young drivers. Excellent. But I had no idea that the changes to the driving age could affect people on their restricted licence from moving to their full licence until after the changes came into effect, and I’m in that target audience.

“The NZTA issued a media statement and launched a new web page with information when the changes were announced, followed up by reminder statements over the past couple of weeks – the changes were flagged as one of the main news stories on our website homepage for several weeks.”

“The info has been available from the homepage of the NZTA website – www.nzta.govt.nz, as well as from www.practice.co.nz (site for restricted [sic] drivers and their parents), and www.safeteendriver.co.nz

The media didn’t seem to pick up on the affect the changes have on restricted drivers until after the changes. I think the new web page meant is Safe Teen Driver, which is a site for the parents of restricted drivers. Unless that site has been modified since the changes, it doesn’t seem like, after a quick browse, there is any mention of the changes. Teenagers aren’t checking the NZTA website. The Practice website is for learner drivers and my issue is the with lack of communication to restricted drivers about changes that affect them.

RRFC

Now I understand why articles end up saying something along the lines of “there was no response after repeated requests for comment.”

Questions I asked via email on whether the NZTA thought the exemption questions were reasonable to be asking young people, whether having a clean driving record is a good enough reason for getting an exemption, whether information about changes was advertised in newspapers, on TV and through social media, and what the money from the fee for applying for an exemption actually goes towards remain unanswered. I was directed to the NZTA website for full information on applying for exemptions.

I did, however, get sent statistics that in July there were around 17,500 learner licence tests conducted compared to around 10,000 in “a normal month” and that there was a 15% increase in 15-year-olds applying to sit learner licences since May when the change was announced. I’m not sure if this takes into account the fact that there were school holidays in July. The pass rate was also up from “the recent average of around 60%” to 67%. I asked for statistics on restricted and full licenses because I think there was a lack of attention given to those age changes, not the learner licence age change. I am yet to have been sent those statistics.

I have to apply for an exemption to get my full licence. What should I write, and what second question should I choose?

Image credit: Hamed Saber

TEDxEQChCh Salon #1

A week ago, Christchurchians braved the aftermath of the snow and met at the Bush Bar for the first TEDxEQChCh Salon*. Previous TED talks were shown, and people were invited to share what they were involved in post-quake, or something else the audience would be interested in. Someone I talked to summed up the difference between May’s TEDxEQChCh well: this was more about the people than the buildings.

Cathedral made out of #eqnz tweets made by Kunst Buzz on display in the TEDxEQChCh lobby

Kunst Buzz‘s tweet cathedral, the ChristChurch Cathedral made of a random selection of almost 1000 #eqnz tweets (approximately 98,000 characters) which was on display in the TEDxEQChCh lobby, among other TEDxEQChCh memorabilia that has been given to Te Papa.

The talks

Brene Brown: The power of vulnerability

Brene Brown hacks into lives for a living. She talks about banana nut muffins, worthiness, being imperfect, her office supply addiction and human connection, which led her on a quest that sent her to therapy, but changed the way she lived.

Something she said seemed very relevant post-quake: “they had the compassion to be kind to themselves first and then to others.” Very similar to advice given in a pamphlet dropped in our letterbox yesterday.

Tony Robbins asks why we do what we do

Tony Robbins usually runs 50+ hour coaching seminars over weekends. He talks about patterns, resources, needs and describes what happened in one of his seminars of 2000 people from 45 different countries in Hawaii on the day of 9/11.

Mark Bezos: A life lesson from a volunteer firefighter

Mark Bezos usually fights poverty, but also volunteers as a firefighter. He talks about his first fire, and that we shouldn’t wait for something to happen before we try to make a difference.

Dave Meslin: The antidote to apathy

Dave Meslin tries to make local issues engaging. He talks about barriers that keep people from getting involved.

The people

Tim Taylor

Tim Taylor talked about Project Regenerate a subsection on the Rebuild Christchurch site which shares visions for a future Christchurch in video form and lets people vote and comment on them.

Trent Hiles

Trent Hiles talked about the creation of a multi-purpose arts complex in Lyttelton and Lyttelton’s Act of Art, a Gap Filler project whose first installation, a tribute to James K Baxter and the town, is up.

Grace Duyndam

Grace Duyndam talked about the 350.org Moving Planet September 24th worldwide rally against fossil fuels.

* TEDx Salon’s are intended to engage the community between larger events through small recurring events, keeping the spirit of TED alive—ideas worth spreading.

Calendar Girls Cheerleaders

Last Saturday, Canada played the USA in an ice hockey match in Christchurch. Calendar Girls, a strip club, sponsored the event. They also paid $500 to All Star Cheerleaders to have them perform at the event, a team made up of mainly underage girls, including a nine-year-old (disclaimer: I know someone on the team.)

Announcements

‘“They were announced as All Star Cheerleaders brought to you by Calendar Girls,” [Jacqui Le Prou, Calendar Girls owner] said.’

I’ve been told that the team was referred to as the “Calendar Girls Cheerleaders” throughout the night. Online comments from those attending on the night support this too:

“We were at the Ice Hockey – and did think it was rather strange to be introducing the obviously young girls as ‘calendar girls’ – it was never mentioned that they were from a cheer leading club (although it was obvious they were trained in cheerleading) It wasnt just once they said it either – all night!!! If that was my daughter – i’d be FUMING.”—MT

“Did find it a little strange to have the young girls announced as Calender Girls Cheerleaders.”—Michael

Youth Olympic Games CheerleadingI’ve also been told that someone, I’m assuming from Calendar Girls, got a caption for a photo changed from the All Stars Cheerleaders to Calendar Girls Cheerleaders, that someone at The Press picked up on that caption for a photo of obviously young girls and that’s why a reporter started investigating.

Whoops

Above, Jacqui implies that the girls weren’t referred to as “Calendar Girls Cheerleaders”. However Calendar Girls’ social networking pages tell a different story.

Calendar Girls TwitterCalendar Girls TwitterEven more concerning is a photo of the Christchurch cheerleading team, including the nine-year-old girl, and I’m told Jacqui Le Prou’s young daughter, that was posted on Calendar Girls’ Auckland Facebook page. Faces blurred by me because they and their parents didn’t know where this photo was going to end up.

Calendar Girls Cheerleaders Facebook

Parents

“They don’t sign up for other people to pass them off as Calendar Girls, but then again their parents were all there and they didn’t pull them from their performance.”—The team’s coach, Claire Stackhouse.

The frustration is understandable. I’d say the reason why teams do events like this is to show that they actually have to put in work to pull off a performance, and to raise the profile of cheerleading to be more like a sport and less like something seedy. A comment on the Yahoo article hits the nail on the head on why the girls don’t have horrible parents:

“…cheerleading here bears little resemblance to the US or rugby style cheerleaders. Here it has morphed into something quite different, involving agility, skills, strength…”—Judy

I understand there was a second part to Claire’s quote that wasn’t included in the article (probably due to space constraints, understandable): during a performance that is supposed to be professional, it is very unprofessional to walk out half way through.

Auckland event

The same match was also played in Auckland and an All Star Cheerleading team performed there also.

“[Jacqui] Le Prou said the cheerleaders at the Auckland event were between 18 and 24.”

I’ve been told there were cheerleaders as young as 14 12 on the Auckland team. This also prompts the question: if Calendar Girls is really against using underage girls to promote their club (“she sent me a nine-year-old, which I wasn’t very happy about”) why did they not pull the Christchurch performance when they became aware that there were people on the team under 18, including a nine-year-old?

Why cheerleaders?

People familiar with cheerleading have said that cheerleading teams always have members of varying ages and that it would be near impossible to find a cheerleading team that only has people aged 18 and over in it. I question why Calendar Girls didn’t hire 18+ models, promo girls or use some of their own staff if they wanted to promote their club.

Whether someone involved was aware of what Calendar Girls wanted to introduce the team as or not still leaves the question as to why the team was referred to as the Calendar Girls Cheerleaders when the team was clearly made up of underage girls.

Image credit: Eustaquio Santimano

Punishing the Victims of Suicide

Need help? In New Zealand, you can call Lifeline on 0800 543 354 or Youthline on 0800 37 66 33.

Te Ururoa Flavell, Māori Party MP wrote this piece for The Rotorua Daily Post on suicide prevention.

He seems to miss the boat entirely and says:

“From what I have heard, one is almost wasting time asking why [suicide] happens.”

Instead he suggests we… shame and stigmatize the other victims of suicide—the friends and family of a person who has taken their own life.

“If a child commits suicide, let us consider not celebrating their lives on our marae; perhaps bury them at the entrance of the cemetery so their deaths will be condemned by the people.”

“In doing these things, it demonstrates the depth of disgust the people have with this.”

He Cemeterysays he has seen family members “in their despair, in their real grief,” but has no problem supporting the hijacking of their grief process by not allowing the usual practices to take place and stipulating where a person should be buried. Funerals and related practices aren’t just for the person who has passed away. Just because someone has taken their own life doesn’t make that life any less worth celebrating.

Progressive leader Jim Anderton’s daughter took her own life. He says that those on the verge of suicide are not acting rationally. Would place of and practices around a person’s burial really act as a preventative measure and stop them from taking their own life?

Mr Flavell says he was just trying to get people talking, to find a solution.” Setting up families and friends for embarrassment isn’t that solution and introducing further shame around suicide isn’t the way to encourage people to talk about it—which is what really needs to happen.

Image credit: Nathan Hayag

The National Interest of Foreign Espionage

A van was crushed by rubble following the February Canterbury earthquake, containing Israeli tourists. One of them, Ofer Benyamin Mizrahi, was killed instantly. Michal Friedman, Liron Sadeh and Guy Yurdan escaped. It’s been revealed that Israeli involvement after the quake has been investigated by the SIS and the police.

Fact checking

What appears to be the original Southland Times article that broke the investigation seems to have been poorly fact checked and shows a lack of editorial oversight. Shemi Tzur, Israeli’s ambassador in the South Pacific is said to have flown from Australia, where he is based, except a quick Google search shows that he is actually based in Wellington.

The same article talks about a piece of suspected Russian malware named “agent.btz” and says that “attempts to remove the malware have so far been unsuccessful”, which gives the impression that the computers of the United States Military are still infected. The next part of the sentence states that “new, more potent variations of agent.btz are still appearing”, so what is probably meant is that attempts to eliminate the malware out of existence have been unsuccessful, which isn’t surprising considering the nature of malware and software in general.

Red flags

9000 passports!James Bond cameras

The Southland Times article says that Ofer Mizrahi “was reportedly found to be carrying at least five passports.” John Key said “according to his information, Mizrahi was found with only one passport”, of European origin.

The group of three that left Christchurch gave Israeli representatives his Israeli passport. So that makes at least two passports.

Shemi Tzur says that he was handed Ofer’s effects and they contained “more than one passport.” Does that makes at least three passports or does this include the Israeli passport handed off at the airport?

He says it’s common for Israelis to have dual citizenship because Israeli passports aren’t welcome in some countries, which is understandable. However that doesn’t explain why Ofer was traveling with both/multiple passports—I am an expert thanks to watching Border Security on TV and conclude that less eyebrows would be raised at an airport if, when searched, someone wasn’t in the possession of more than one passport.

12 hours

Passport stamps

Within 12 hours of the quake the three remaining Israelis had evacuated Christchurch, driven to the airport by Shemi Tzur himself.

This raised eyebrows because they left Ofer behind in the van, but in their defense there was nothing they could have done and it wasn’t like they were leaving someone injured behind. Guy Yurdan, one of the three, said that Ofer was killed instantly.

The advice from many countries to citizens in Christchurch would have been to get out of there as soon as possible. The potential lack of accommodation, food, and water, plus the risk of further aftershocks would have supported their decision to leave as quickly as possible.

A mysterious seventh Israeli

Concerns were raised about a “mysterious seventh Israeli” who was in New Zealand illegally and was reported missing after the earthquake, but weeks later was reported to have left the country. Not sure whether there was anything suspicious about the person apart from their visa situation.

Five Facebook likes

A Facebook tribute page for Ofer came to the attention of investigators because it only had five likes over four months (now 32). Apparently many Israelis don’t have social network accounts. Perhaps those on Facebook who knew Ofer didn’t know of the page? It seems a stretch to say that this is suspicious.

Four phone calls

It’s been reported that Israel Prime Minister Binyamin Netanyahu phoned John Key four times on the day of the earthquake. John Key says that they only actually spoke once in “those first days.” It seems reasonable that a Prime Minister is hard to get hold of, especially during a state of emergency. I’m not sure what the significance of prime ministers calling each other is, I assume representatives from many countries spoke to John Key as a result of the earthquake.

Two search and rescue teamsMission control

There was reportedly one Israeli search and rescue team but then there were two? Either way it seems at least one either wasn’t allowed access to the red zone or was removed from the red zone by armed personnel. According to Shemi Tzur, a team was sent by the parents of Ofer Levy (other Ofer?) and Gabi Ingel, two Israelis who died in the earthquake.

The article says “Israeli families reacted that way when their children needed help anywhere in the world, often because it was demanded by insurance companies.” Insurance companies often demand that families hire and fly to a foreign country private search and rescue teams when search and rescue is already underway by the country?

Strange.

Perhaps stranger is Hilik Magnus, who runs the search and rescue company in question, Magnus International Search & Rescue:

“He served in the Israel Defence Forces in an elite paratrooper battalion specializing in special operations. He fought in the Attrition War, first lebanon war and the Yom Kippur War, remained a reserve officer for twenty years and served also in the intelligence community.”

Stranger?

Their team entered the red zone “accompanied by police, only to retrieve the personal effects of two people who died.” “There was only one rescue team and it was allowed inside the red zone to accompany police to retrieve backpacks belonging to Mr Levy and Mr Ingel.”

One Israel Civil Defense Chief

The Southland Times article says “In the hours after the 6.3 quake struck: Israel’s civil defence chief left Israel for Christchurch.” The New Zealand Herald reports that Matan Vilnai did visit Christchurch, but nine days later. And not from Israel, but from Australia where he was for a visit.

This doesn’t seem suspicious.

A groups of forensic analysts

An Israeli forensic analysis team sent by the Israeli government worked on victim identification in the morgue. A security audit of the national police computer database was ordered after someone connected that the analysts could have accessed it. The police say that their system is secure. Someone from the SIS says that it could be compromised with a USB drive:

“An SIS officer said it would take only moments for a USB drive to be inserted in a police computer terminal and for a program allowing remote backdoor access to be loaded.”—Stuff

It’s questionable why USB access would even be enabled on computers that have access to such confidential material.

Why New Zealand?

Intelligence

Gordon Thomas, who has written about Mossad says that Mossad trainees, possibly picked during compulsory military service, were usually planted overseas in groups of four. He says that the CIA and MI6 have offices in Auckland and have “held high-level meetings with New Zealand spy bosses”. They want to know what sparked the SIS investigation, what investigations were carried out and what passports the group possessed. He thinks New Zealand is a credible Mossad target because al Qaeda cells could expand into the Pacific Rim. Israel would want to know what our intelligence agencies know, what they are sharing and how good they are at getting information.

He says that Mossad has a reputation for using students as agents and that using two couples is “standard Mossad operation style. The reason they have a man and a woman … it’s easy to pass unnoticed, unchallenged, and the woman acts as back-up.”Passport

Passports

New Zealand passports are readily accepted around the world. Anyone gaining one who had nefarious purposes would likely face no contest at a border. Paul Buchanan, who has worked at the Pentagon says that it’s unlikely the four were Mossad agents because of their age and the apparent low-level task of passport fraud they were undertaking, but they might have been recruits operating as sayanins, the Hebrew word for helper. He says that after the September earthquake, Christchurch may have been seen as a good target to get names of New Zealanders to use for false passports.

 

The three survivors from the van gave an interview to Haaretz, an Israeli newspaper, days after the earthquake. It would seem unlike spies to put themselves out in the public eye like that, but maybe that’s reverse psychology. Who knows.

Image credits: Ian Rutherford, Ludovic Bertron, J Aaron Farr, Tom Raftery

The Case of the Compulsory iPad

Decile-nine Orewa College has told parents the iPad 2 will be a compulsory stationery item for all year nine pupils next year.—Stuff

Except that’s not what they said. The letter (pdf) they sent out to parents says a one to one computing device will be required. They list the examples of laptops, netbooks, tablets or iPads.

The decision has been criticized because the college recommends the iPad over the other options and it costs a fair amount of money. The reasons for (pdf) favoring one device—the iPad are clear: teachers and students can support each other easily if they are all familiar with the device, the applications available are vast and battery life is long.

$799?!

One Laptop Per Child BhutanThe lowest priced netbook I could quickly find was one from Dick Smith at $375. Will a student be disadvantaged if they get a cheaper device instead, like a netbook?  I doubt it.

The content from most if not all educational applications in the Apple Application Store will be available somewhere on the Internet. Students will probably end up teaching the teacher how to use his or her iPad. Those without iPads be fine working out their device themselves and Googling solutions to issues as they come up—actually relevant problem solving? Devices with keyboards are arguably easier to type on compared to a device that only offers a touch screen. Issues with battery life won’t be a huge issue—I envision power boards to be plentiful.

iPad 3

How parents deal with updates to the iPad will be interesting to watch, but any update won’t damage the existing features of the iPad 2: strong battery life, large selection of applications and Wi-Fi access.

Usefulness

It has to be said that an iPad isn’t like other stationery. I don’t regularly pull out my compulsory $100 graphics calculator for fun-times around the dinner table. iPads are different. Sharing skills will be tested as everyone in the family wants to use it.

Controversy

What I find interesting is that the first letter is dated June 24th and discussion with parents was going on for 4+ weeks before then. The media are only reporting on this now. It seems like none of the parents involved have had a huge issue with it—no one went to the media straight away.

Orewa College is a decile-nine school, the second highest decile available to schools. It means students generally come from a high socio-economic background. The vast majority of parents won’t have a problem finding the money for a one to one device, and the school has provided options to spread the cost out—“We have enclosed information on purchasing options from Cyclone Computers, that are approximately $10 per week.”

There’s still time for parents to choose for their year eight students to attend a different high school. But it’s a slippery slope when that is the proposed solution to potential issues with a child’s local school and is reminiscent of Brown v. Board.

Congratulations Orewa College for moving forward. Let’s hope that future schools won’t have to go through this when they choose to make one to one devices compulsory.

Image credit: Laihiuyeung Ryanne

I Am Famous*

I thought I recognized one of the photos in one of the presentations at TEDxEQChCh, and I was right. It turns out that I recognized it because it was my image. Kind of.

The photo

Bob Parker talking to a journalistBob Parker - It's munted

That’s my original photo on the left, which I posted on Flickr. The modified image on the right was used in the talk Tragedy Plus Distance (the other TEDxEQChCh talks are up on YouTube now too, and you should watch them). I’ve looked on Google, Flickr and Facebook and can’t find the modified image anywhere (if you see it let me know). Unfortunately free reverse image search engines like TinEye only index a relatively small number of images.

I don’t know if the site the modified image is on is making money or provided attribution to me. I’m not having a dig at the TEDx speaker—few if any speakers attributed the images used in their presentations and any attribution would likely point to the modified image, not my original one.

The stolen scream

Unlike mine, this is an extreme and interesting case of image plagiarism: Noam Galai‘s photo of himself screaming made it into 30+ countries, on book covers, in magazines and on t-shirts.

The case against watermarking

“[A] watermark breaks the image.”

Watermarking photographs is an option. But an ugly one. The lesser evil of watermarking on the edge of an image rather than in the middle presents the option to someone who is determined of just cropping it off. Is a casual sharer going to go out of their way to crop an image? Unlikely. Let’s assume they would provide attribution either way. Are they going to want to share the image at all? Unlikely. The comments on this post about watermarking  are worthwhile reading.

In a survey of professional photo buyers, PhotoShelter found that “an overwhelming majority of them stated that an image with a prominent watermark is less likely to be licensed than an image without any watermark at all.” Co-founder Grover Sanschagrin agrees that watermarks result in people being less likely to pass your images on to others and says that prominent watermarks send a subtle signal to buyers that you’re a difficult person to work with.

The Internet copyright conundrum

I think the interesting thing for me is that the person who modified and posted the image is probably a content creator too. They likely have at least some content they place usage restrictions on.

What does All Rights Reserved mean to an Internet user? Is personal and noncommercial use (like blogging, Tumblring etc.) of a reasonable amount of a person’s content with attribution accepted practice? Some Flickr users don’t want their photographs being shared at all. I disagree—the more people who see my photos the better. A large side goal of that is to promote my other content, which requires attribution.

Should I put my photos under a Creative Commons licence then? I’m hesitant. Among other things: some of my photos have made me money—would buyers be put off if the same photo was available for ‘free’ under a noncommercial licence? Creative Commons is essentially irrevocable and the format of the original content can be changed under any licence—attribution is not linkable offline.

I think I’m happy with the status quo. All Rights Reserved with the knowledge that because of the nature of the Internet the image will be shared noncommercially no matter the licence, but that hopefully a link back will be shared too.

If you share content off the Internet please link back to the original creator. It’s extremely easy to find good quality ‘free’ images on the Internet, I’ve posted before about finding images responsibly on Flickr. When I was trying to track down the modified image I saw that Google provides options for searching for Creative Commons labeled content too.

Even if imitation is the greatest form of flattery it can still leave a bad taste behind.

What does copyright in the context of the Internet mean to you?

“So how do you feel about your light bulbs being stolen?”

Arie Smith-Voorkamp was the face of Christchurch earthquake looting because of the media attention he received. He made it onto at least one of the <insert bad thing here> the looters!12@@#%^## Facebook groups. Shame on the looters! There is no excuse. Who are they to pick on the poor people of Christchurch?

The loot

The story gets interesting when you find out what he is alleged to have stolen. Two light bulbs from an untenanted and vacant building. Police describe the nature of the offending as serious and say that there is a strong public interest in the case. Arie was in jail for 11 days.

Asperger’sEarthquake Damaged Building

Arie has Asperger’s syndrome which fuels his obsession for all things electrical, including old light fittings. “Sometimes I get that excited about it sometimes I can’t sleep.” He had walked past the building many times, and became fixated on a switch in the shop. Once inside he found that the switch was too modern, but found two light bulbs that he thought he could clean up and display in his house. He says he was not thinking about theft, or the danger he was placing himself in.

Sunday programme

The Sunday programme ran a story about Arie last week, which seemed to excite the Police. Canterbury Central Police Area Commander Inspector Derek Erasmus suggested to the building owners they call TVNZ to try to stop the story going to air.

“On Friday the Sunday programme received an email from Inspector Erasmus advising us that we were under criminal investigation in relation to our story. So we’ll keep you updated on that.”

The victims

Building owners Andrew and Irene Matsis didn’t even know about the “theft” until Sunday contacted them for the story. This seems to contradict the Police calling the offending serious. Surely in serious offending the victims would actually be notified.

“Well since Sunday interviewed the Matsis’ a fortnight ago, senior Police have visited the couple twice. The first time Thursday and again Friday. On Thursday in a press release Inspector Derek Erasmus, said the Matsis’ were now happy for the case to proceed to court, where the matter should be resolved. Sunday spoke to Andrew Matsis just hours ago, he’s happy for the case to go to court but hopes Arie’s name will be cleared.”

On the programme, Andrew says if he knew about the alleged looting he would’ve been angry at Arie for putting himself in danger, not for pinching anything.

Andrew and Irene say they would not have pressed charges if they were contacted by the Police. The interview resulted in the hilarious question: “So… how do you feel about your lightbulbs being stolen?” to which Irene replied: “We do not care about our lightbulbs, he’s welcome to them. And you can tell the Police, I mean we have more important things [to deal with, our] house is falling down and we’re going to worry about light bulbs? No.”

I know stealing is stealing (though is it in this case if the building owners say he is welcome to the light bulbs, abeit after the fact?), but common sense dictates there is a better use of court time and money than to make an example out of someone who offended as a result of a documented disability, who has an unblemished criminal record, and who has already served jail time just because he took a couple of lighting fixtures.

Andrew Matsis: You said you never had any other history of doing anything like that before?
Arie Smith-Voorkamp: No.
AM: First time with the Police?
ASV: Yes.
AM: And they make a court case. What a waste of money.

What do you think? Is there no excuse for looting, no matter the situation?

Image credit: Me