Re: Have I understood correctly?
Then you can take them to court and claim it all back, plus distress claims. (FTFY)
Of course they don't want to admit that their liabilities are somewhere north of ££millions.
16473 publicly visible posts • joined 8 Feb 2008
"my boss has okayed the request of C-bods for me to do important work by Tuesday while I was away, completely "forgetting" that my team of 2 part-timers and my lowliness have several "high priority" projects of about 2-4 man*month (each)"
I guess being signed off for 3 months medical stress leave wouldn't go down well then.
"Now unfortunately breaking the Sale of Goods Act doesn't get the (ir)responsible senior management locked up (after due process, obviously). That needs something else."
"Operating recklessly" should do the trick and fits the bill.
Imagine comrade Dido finding herself banned from being on any boards for the next decade.
"The Titanic actually carried an excess lifeboat capacity than required by the UK Board of Trade when she sailed in 1912"
The irony there is that as originally designed the Titanic/Olympic had enough lifeboats for everyone, but they were deleted because they "spoiled the lines of the ship" and because it was felt that many lifeboats would make the upper-deck passengers uneasy.
TalkTalk has never had enough security in place or planned. Even a cursory glance at the issues of outsourcing and the vulnerabilities it exposes the company to (lowly paid workers being paid off by gangs to leak data, etc) shows that they're not paying attention to anything except pennies coming in the door.
Security has _always_ been regarded as a cost centre until it's too late. "No return on investment" rules supreme and there's no such thing in business as "Cost Of Not Investing"
"Surely the data protection act must have something they can pin on them here"
There is. Losing personal data exposes them to _private_ legal action - and the court of appeal has upheld that claims can be for distress as well as actual monetary losses.
If 40,000 people all sue for £500 each, it'll make the ICO fine look like peanuts, just in the legal bills TT will run up, let alone the actual settlements.
Outdoor WiFi 5GHz usage up towers is proving problematic enough (interference with weather radar systems up to 50miles away) without having cellcos muscling in on the game and making things worse.
Their solution to Wifi interference will be to crank the mill a little harder to ensure it breaks. If they do the same for doppler radar the breakage could be messy.
"My own experience in British politics"
Is not the way USA politics work.
American law exempts robocalls for religious, political and charitable organisations.
The ongoing and spreading abuse of those exemptions means they're likely to be withdrawn for the same reasons that the same exemptions in loudspeaker truck laws were withdrawn.
"How do you deal with international robocallers who basically operate outside of the law?"
Follow the money: You go after the people who hired the robocallers, who are invariably _inside_ the country.
The TCPA makes them all jointly and fully liable for this reason. You can also order them to hand over details of who they paid, etc (also invariably inside the country) so that you can go after them too.
The best part is that this is all in local (to you) small claims court, with fixed fees (which are added to the judgement), mandatory tripling for wilful violations (robocalls and breaching DNC lists) and the charges are PER CALL, which means if they call you 5 times, that's 5 lots of $500 statutory damages, tripled if wilful.
There's a cottage industry around collecting TCPA damages and a lot of knowledge/assistance on the net about how to do it. If you're an american you'd be silly to pass up collecting $1500 (or $3000 if you can find both parties, or more if there's a liability chain) per call for 5 mins work filling in paperwork and a filing fee.
"The response is always the same ... sue 'em yourself."
You should, no matter what the FCC (or FTC, or state AG) do.
You have the right to - and the death of 1 million papercuts is a greater threat than anything the FCC or other law enfircement authority can bring to bear. This is why "reputable" outfits stopped that kind of telemarketing when the TCPA was passed 25 years ago.
Remember, the TCPA makes the caller _and_ the outfit hiring them jointly and severally liable and you have the right to file in local small claims even if Joe's widget company is across the country and hired Achmed's telemarketers in Bangalore. The fun part is that once you have the judgement against Joe (even by default) you can apply to get it enforced and this all adds to _his_ fees, not yours. If Joe has any sense he'll disclose who he paid, how much he paid and where he paid it to, so you can go after Achmed's US sockpuppets, else he can face contempt of court action.
Joe's defense of "I got cold called and offered this fantastic marketing service" is _not_ a defence, as there is specific wording preventing ignorance of the marketer's activities being used this way.
Robocalling (with a robot voice) or calling a number on a do-not-call list is an automatic wilful violation (ie. $1500 strike _each_ against Joe and Achmed) - and on top of that many states run their own prosecutions of do-not-call violators. (The FCC charges $11,000 per call when they weigh in, several states go for $50,000per violation(call) and they get aggressively pursued through state AGs and state courts, not as a civil agency seeking a settlement without admission of wrongdoing.)
The single biggest problem with TCPA actions is hostile small claims courts judges refusing the cases or finding for the defendant (usually on the basis that finding for the plaintiff would be "harmful for local business"). In _every single case_ where that got appealed and kicked up the food chain, the judges higher up the chain have ruled that this itself is illegal and had extremely harsh words for the "judges" in question, forcing them to take the case back and deal with it as the law requires.
The "seldom used" part is easy - leave the things switched on permanently and control them via the app.
If you must have physical switches, then just have wall-mounted control modules and permanently link out the switch in the wallbox. (X10 has been doing that for 30 years)
The dead loss in this instance is that LED bulbs are really only for replacing lamps in traditional fittings which can't be (economically) replaced. Bear in mind that the shape and connector are for a device which traditionally required replacment every 1000 operating hours, or 1500 switch-on cycles (The light bulb cartel really did exist, look it up)
At $75 apiece you may as well have a permanently fitted device with a much nicer form factor than that of a light bulb (and a lot more light output, plus more room for the whizzy bits). These are a solution looking for the wrong problem.
"Until penalties for keeping information secure are punitively higher than the costs of doing so this will keep happening."
The DPA has specific provision for personal legal action against companies which breach data security and a recent court of appeal ruling allowed for distress claims as well as actual monetary damages.
The night terror for Dido Harding isn't the hacking. It's that enough customers take TT to court that the legal fees alone put them out of business. The death of 1 million papercuts is a far greater threat to business than staving off the ICO.
Thankfully for TT, most customers are either unaware of their rights or too meek and mild to pursue them.
"Much like the 'rogue' VW engineers that are being liberally coated with executive blame right now in Germany."
With any luck those "rogue" engineers will have kept the meeting notes and emails from top brass telling them to do it, despite objections.
Or they could be handsomely paid off for _not_ revealing said items.
"At this point I will just be happy when capital starts having problems finding child and slave labor. "
You do know the origins of the word "robot" don't you? (It's Czech, from "rab"(slave), meaning forced labour)
Child labour is getting expensive. Robots work 24*7 with the lights off and they don't need feeding, housing, toilet breaks or shift changes.
"The Ghost Forest was created by the land slipping down into the sea - most likely caused by local tectonic activity."
This is normal for subduction faults. Look at what happened in 1964 in Alaska. Some areas slumped by several metres during the quake as the land slipped back to "normal" position after decades of being compressed and uplifted by the pacific plate pushing under it.
The San Andreas can't provide much more than 7 because it moves too freely - and as has been pointed out, californians are pretty much prepared.
Cascadia on the other hand could easily be bigger than 8.5 when it goes, with the accompanying tsunami taking out most of the coastline between California and Vancouver Island. Populations in the pacific northwest are woefully unprepared.
New Madrid's last triple shudder were 8.1-8.3 apiece - powerful enough for the rollers to set church bells ringing in Boston. It's a long way from the centre of North America to the coast. It's about due to pop again and has the potential to destroy the USA as an economic power.
"It is not at all clear that Japan would not have surrendered due to blockade efficiency and Russia being free to enter the war in the East"
It wasn't clear at the time (witness what happened at Okinawa) and the top military brass were so fanatical that they still opposed the surrender even after the Emperor told them to give in (fanatical to the point of planning a coup). The Allies fully expected to lose a million men trying to take the mainland in house-to-house fighting.
20/20 hindsight from 70 years on is an inexact science. Trying to see through the fog of war is a hell of a lot harder still.
In any case, if those bombs hadn't been dropped in WW2, someone, somewhere would have dropped one on a large city. Just be thankful that fewer people died in Nagasaki and Hiroshima than in the Tokyo firestorms and that none have been used in anger ever since.
(FWIW, 1980s Hiroshima and Nagasaki cancer rates were 0.25% above background normal. The abhorrence of how the bombs affected the population is justifiable, but it's clear that much of the long-term risks are statistically negligable and we really have to get past the knee-jerk "all nuclear stuff baaaaaad" mantra which is keeping us burning coal/oil when we should be using them as industrial raw materials or fertilizer.)
Microsoft claim that their EU office365 servers are resident in Ireland and insulated against US gov attempts to access (hence the current NY state case) however when pushed, they admitted that anyone stateside invoking the PATRIOT act would rip right through any protection supposedly offered.
"Where I see real automation challenges is handling iced up hill roads"
An AI only needs to be taught how to handle that _once_ - and in a lot of cases I've observed the meatsack will keep going long after it got far too dangerous to consider doing without adding chains - which invariably results in a hill near me having 5-8 crashed cars/4wds on it every time it snows (which then get trashed and burned by the local ne'er-do-wells before recovery trucks can get in)
The AI will at least refuse to continue and find an alternate route if possible.
The obvious counterpoint to that speculation is that rich countries are having a hell of a lot of trouble indigenously sustaining their population levels.
China's population is a hell of a lot better off than it was even 25 years ago. Many people are choosing not to have children _at all_. The scenario postulated is unlikely at best.
There's a big hint above about how to combat global population pressures.
"it happily runs on converted vegetable oil."
It's an even bigger WIN if you modify the engine system slightly (fuel line heaters) so that it runs on unmodified vegetable fuel:
No noxious byproducts from the conversion
You don't lose 50% of the available energy in the oil to the conversion process.
"the problem here is the high cost of the gas turbine engines, which are uneconomic for passenger cars."
The engines themselves aren't expensive over their lifespan - until you cook one through bad starting procedure or poor maintenance. Automotive use demands extreme tolerance to operator abuse.
Turbines aren't as efficient as piston engines in most cases (especially turboshafts(*)) but they pack a lot of HP in a very small, lightweight space. That's great for aircraft and not such a big deal for cars.
(*) Power generation turboshafts make up the efficiency loss by putting a steam boiler plant on the end, driven by the hot exhaust. It's kind of hard to do that in a car.
"most are at their highest torque/power at the top end as well"
This is always the case in petrol engines, hence why race engines have tiny cylinders and stupidly high max rpms. (Back in the 1950s Ducati was making V8 500cc motorbikes and in the 1960s Honda had 4 cylinder 50cc ones. I'd love to have either as a collectors' item.)
Internal friction losses go up with the cube+ of piston velocity, just as rolling air friction does. There's always a tradeoff.
"But the engines were complex. Eg Napier Nomad"
There's quite a difference between a light aircraft engine (70-300hp) and something like a Nomad (1100-3200hp). The research in the 50s was aimed at getting as much horsepower on the wing as with as low weight as possible because this was a fundamental limiter on the size/lifting power of aircraft.
The main reason for wanting light aircraft diesels is fuel commonality (they can burn kerosene). There are a significant number of automotive-derived gasoline engines around already and the prime advantage of those is much longer maintainence periods.
As for leaded aircraft fuel: This is because of the age of designs, as I mentioned in a previous post (and the age of the aircraft. Many light aircraft are 50+ years old with 50+ year old engines). Moving avgas to unleaded would result in receeding valves as it did with car engines until they were retrofitted with hardened valve seats. This has been done in most cases anyway (anything rated for Mogas is done already) but the aviation sector is notoriously conservative in this arena.
If you have a _really_ old engine such as a Moth, they run better on white spirit than avgas, but that's technically illegal in most countries. (The lower your fuel octane the more energy it contains but the less you can extract due to compression ratios)
NOX isn't exclusively a diesel issue, see my earlier comment.
The _only_ reason gasoline engines have low NOX emission levels is that lean burn technology was essentially banned 20 years ago in the USA. That ban means that petrol engines get 20% worse fuel economy than they are able to if NOX wasn't an issue.
(Lean burn was banned by US federal legislation mandating that stoiciometric fuel ratios are used at all times in spark-ignition engines. 3-way catalytic converters need this to work effectively but it's just as feasible to put adblue on petrol engines and change the type of cat in use.)
You can happily run an unmodified diesel engine on Jet fuel (I've done it, and US military hummers run on it almost exclusively) and you can happily put diesel in a gas turbine engine (Have done that too - one of the classic bodges is a mix of diesel and petrol in turbine helicopters if you're really in a pinch)
Most light aero engines are still using 1930s engine technology because it's difficult to homologate newer ones. This is why they have to be torn down at such ridiculously short intervals.
JET-A hasn't been on the market for a long time, but if you can find it, I'm sure your diesel won't mind it.