Barely Legally

Confessions of a Moot Court Bailiff

Adventures in Money Laundering

Alastair Pal for Reuters UK: Fake online stores reveal gamblers’ shadow banking system.

The seven sites, operated out of Europe, purport to sell items including fabric, DVD cases, maps, gift wrap, mechanical tape, pin badges and flags. In fact, they are fake outlets, part of a multinational system to disguise payments for the $40 billion (31.6 billion pounds) global online gambling industry, which is illegal in many countries and some U.S. states.

The findings raise questions about how e-commerce is policed worldwide. They also underline a strategy which fraud specialists say regulators, card issuers and banks have yet to tackle head-on.

​Okay, so it’s no great surprise that despite the fact that gambling is illegal in the U.S., it’s still possible to find web sites that’ll take your money. That’s not news. What’s interesting about this story is how they take your money. Gambling sites set up stores that accept real money for fake goods, laundering the funds:

In December, a reporter placed an order for a yard of burlap cloth on one of the sites, myfabricfactory.com, a website run by a UK company called Sarphone Ltd. The fabric, advertised in U.S. dollars at $6.48 per yard, has “many uses including lightweight drapes,” the website says. Sarphone did not respond to requests for comment.

This order went unmet. After a few weeks an email from My Fabric Factory arrived saying the product was out of stock. The payment was refunded.

​The most surprising thing about this is that it sounds like regulators largely rely on credit card processors to self-report gambling transactions.

Published in The Ol' Burlap Switcheroo on

The Other Lisa S. Davis

Lisa Selin Davis, in the Guardian: For 18 years, I thought she was stealing my identity. Until I found her:

In 2013, my license was suspended again, this time for an unpaid ticket from 2012, for “Drive Cell Phone”, as the officer wrote. Like an addict, I cycled through every tactic with the DMV: charm, threats, shame; I tried begging and berating them. Once again, I pleaded guilty and paid a fine to get my license back, and once again I filled out the “Unauthorized Use” form.

Finally, the DMV told me that I wasn’t the victim of identity theft; there was simply another Lisa S Davis with the same birthday in New York City. Our records were crossed. When cops run a license, they don’t check the person’s address, signature, or social security numbers. They check the name and the birthday, and both the other Lisa S Davis’s and mine were the same. We were, in the eyes of the law, one person, caught in a perfect storm of DMV and NYPD idiocy.

When I visited the board of elections office in downtown Brooklyn, they told me the same thing. Lisa S Davis and I: we were one.

​Come for the tale of outdated government IT, stay for the white Lisa S Davis thoughtfully checking her privilege.

Published in I smell a sitcom, folks on

The Bard of Suck

Willy Staley’s profile of Mike Judge in the New York Times is full of gems like this:

Calling “Idiocracy” a documentary is one of those jokes about Donald Trump that was made constantly in the latter months of 2016 and now reeks of a certain strain of ineffectual liberal smugness. Still, it’s an observation not entirely without merit. As recently as two years ago, the movie felt like a relic of the jingoistic Bush years, but then history shuddered in such a way as to render it clairvoyant.

In “Idiocracy,” the secretary of state is sponsored by Carl’s Jr., a company whose chairman very nearly became our current secretary of labor. In 2505, the Oval Office is occupied by an ex-wrestler and porn star named Dwayne Elizondo Mountain Dew Herbert Camacho; our president has been on the business end of a Stone Cold Stunner and once appeared in a nonpornographic segment of an otherwise soft-core Playboy VHS tape, dumping sparkling wine onto a limousine. His name is a brand name, too.

I hope one day to learn there’s a German word for “proposing something deliberately absurd which later turns out to be entirely factual.” They’ve got all the best ones, like joy derived from the suffering of others, and “grief bacon.” This would just complete the trifecta.

Of course, this profile largely exists to promote Judge’s new work, not his old. Turns out Silion Valley rhymes with Idiocracy more than I had thought:

If “Idiocracy” imagined that America would one day amuse itself into ruin, then “Silicon Valley” offers a compelling case for how we’ll go about doing it — not in spite of our best and brightest, but because of them.

Do the Germans have a word for “Mike Judge kinda needs a hug?”

Published in I'm More of a Druid of Meh on

Tech Bros Gone Wild

If you haven’t read Susan Fowler Reflecting on one very, very strange year at Uber yet, do have a read about the kind of people that run Uber. Here’s how her piece starts:

After the first couple of weeks of training, I chose to join the team that worked on my area of expertise, and this is where things started getting weird. On my first official day rotating on the team, my new manager sent me a string of messages over company chat. He was in an open relationship, he said, and his girlfriend was having an easy time finding new partners but he wasn’t. He was trying to stay out of trouble at work, he said, but he couldn’t help getting in trouble, because he was looking for women to have sex with. It was clear that he was trying to get me to have sex with him, and it was so clearly out of line that I immediately took screenshots of these chat messages and reported him to HR.

And it only gets more ridiculous from there. Now, Uber is not the only tech company that mishandles sexual harassment claims; maybe Silicon Valley companies in general are disrupting stagnant office environments in favor of free market sexual harassment policies. After all, according to the 2015Elephant in the Valley survey of senior women in technology, 60% reported unwanted sexual advances; of those, nearly two-thirds had received advances from a superior. Half of those advances from a superior happened more than once.

These problems have solutions. One tech CEO, Debbie Madden, writes Many in Tech Have Gotten Harassment Against Women in the Workplace Right for Decades:

Here’s an idea: adopt a zero tolerance policy for harassment. Do this today, and hold people accountable for their actions. For all of the Uber employees who have done wrong — fire them immediately. Yes, Uber must investigate and confirm each allegation. But that doesn’t take years, it takes days. Once confirmed, fire immediately.

Firing employees who sexually harass other employees? How disruptive! There’s more to it than just firing the lousiest male employees, though: Rachel Thomas wrote last fall about The Real Reason Women Quit Tech (and How to Address It). She includes lots of great ideas and links to studies and articles, but this bit about internalized gender bias might be my favorite:

Researchers at Deutsche Bank hypothesized that women managing directors were leaving the firm to work for competitors because they were seeking greater work/life balance. However, they discovered instead that women were leaving because they were being offered higher ranking jobs by competitors that they weren’t being considered for internally.

It must be tough to run a business when you only promote half of your qualified employees.

Published in It's a Man's World on

Slimy as a Service

Mike Isaac in the New York Times on How Uber Used its Secret Greyball Tool to Deceive Authorities Worldwide:

Uber’s use of Greyball was recorded on video in late 2014, when Erich England, a code enforcement inspector in Portland, Ore., tried to hail an Uber car downtown as part of a sting operation against the company. At the time, Uber had just started its ride-hailing service in Portland without seeking permission from the city, which later declared the service illegal. To build a case against the company, officers like Mr. England posed as riders, opening the Uber app to hail a car and watching as miniature vehicles on the screen made their way toward the potential fares.

But unknown to Mr. England and other authorities, some of the digital cars they saw in the app did not represent actual vehicles. And the Uber drivers they were able to hail also quickly canceled. That was because Uber had tagged Mr. England and his colleagues — essentially Greyballing them as city officials — based on data collected from the app and in other ways. The company then served up a fake version of the app populated with ghost cars, to evade capture.

While underhanded, Uber’s use of an automated system to dodge regulators is not terribly surprising. Uber is notorious for ignoring laws and regulations until it can lobby for those laws and regulations to be loosed or lifted entirely. The fact that Uber spent the time and energy to develop a system for avoiding regulators instead of just paying fines should tell you all you need to know about how often Uber expected to be fined.

For me, the most outrageous bit of the Isaac piece comes a bit later:

Yet using its app to identify and sidestep the authorities in places where regulators said Uber was breaking the law goes further toward skirting ethical lines — and, potentially, legal ones. […]

In a statement, Uber said, “This program denies ride requests to users who are violating our terms of service — whether that’s people aiming to physically harm drivers, competitors looking to disrupt our operations, or opponents who collude with officials on secret ‘stings’ meant to entrap drivers.”

Ah, yes. Violent criminals and other government officials: the scourge of taxi drivers everywhere. Thank goodness Uber is there to protect its drivers from the outlaw and law enforcement alike. Well, not “its drivers,” per se, because the drivers are definitely independent contractors and not employees. If the drivers were employees, Uber would have to bear the cost of payroll taxes and health insurance.

Published in Government Officials and Other Miscreants on

Executive Power Run Amok

Here’s John “Bush Torture Memo” Yoo with a powerful op-ed in the New York Times, titled Executive Power Run Amok:

As an official in the Justice Department, I followed in Hamilton’s footsteps, advising that President George W. Bush could take vigorous, perhaps extreme, measures to protect the nation after the Sept. 11 attacks, including invading Afghanistan, opening the Guantánamo detention center and conducting military trials and enhanced interrogation of terrorist leaders. Likewise, I supported President Barack Obama when he drew on this source of constitutional power for drone attacks and foreign electronic surveillance.

But even I have grave concerns about Mr. Trump’s uses of presidential power.

During the campaign, Mr. Trump gave little sign that he understood the constitutional roles of the three branches, as when he promised to appoint justices to the Supreme Court who would investigate Hillary Clinton. (Judge Neil M. Gorsuch will not see this as part of his job description.) In his Inaugural Address, Mr. Trump did not acknowledge that his highest responsibility, as demanded by his oath of office, is to “preserve, protect and defend the Constitution.” Instead, he declared his duty to represent the wishes of the people and end “American carnage,” seemingly without any constitutional restraint.

​Politics makes for strange bedfellows. You can have my pillow, Mr. Yoo.

Published in I Scream, Yoo Screams on