Behind The Woodshed Blogcaster – Nov. 15, 2015.

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At the Situationally Aware Action Oriented Intelligence Center

Of Evolutionary Engagement

Open you a canThe Victory Against You in the Silent War is Your Silence

ISUS Attacking France

France Capitulates To ISUS Path

The Usual Culprits

  • Jewish owners recently sold Paris’s Bataclan theater, where IS killed dozens

    The publication quoted a member of the extremist group Army of Islam, who told French security services in 2011 that, “We had planned an attack against the Bataclan because its owners are Jews.”

    The Eagles of Death Metal, the band performing at the theater when the attacks began, played in Tel Aviv’s Barby club in July.

    Pascal Laloux, one of the theater’s former owners, said Saturday that the theater was “sold in September after 40 years.”

    “We’re devastated because we knew everyone who worked there,” he told Israel’s Channel 2 news.

    His brother Joel, the co-owner, told Channel 2 that they sold the theater on September 11, and he recently immigrated to Israel. He said he took a call from the theater at the time of the attack “and I could hear the gunfire.”

    He also said a member of the Eagles of Death Metal was “hit by a bullet and killed.” There was no confirmation of this. “There is blood everywhere,” he said. “It will take three days just to clean that up.”

    Pascal said Parisians no longer feel safe “after what happened here.”

    “The terrorists have no rules,” Pascal said. “We have to take the bull by the horns” in the battle against terror, “and France and the government never do.”

  • Paris terror attacks: Syrian passport found near corpse of attacker; France vows to hit back at ISIS
    A Syrian passport has been found near the body of one of the suicide bombers who blew himself up on Friday near a Paris soccer stadium, sources close the investigation of the deadly attacks in Paris said.  The attacks, described by France’s president as an act of war, were designed to show the country would remain in danger as long as it continued its current policies, Islamic State said in a statement.

    Live: 3-day mourning in France after Paris attacks
    To teach France, and all nations following its path, that they will remain at the top of Islamic State’s list of targets, and that the smell of death won’t leave their noses as long as they partake in their crusader campaign,” said the group.

    French President Francois Hollande said the violence was organized from abroad by Islamic State with internal help.

    Faced with war, the country must take appropriate action,” he said, without saying what that meant.

    The attacks at a stadium, concert hall and cafes and restaurants in northern and eastern Paris were “an act of war committed by Daesh that was prepared, organized and planned from outside (of France)” with help from inside France, Hollande said, using the Arabic acronym for Islamic State.

  • Hollande: ‘We are going to lead a war which will be pitiless’
    French President Francois Hollande promised early Saturday morning that France would respond to terrorist attacks that killed more than 120 people with a “pitiless” war against the group responsible.

    “We are going to lead a war which will be pitiless,” he said at the Bataclan, the site of one of the attacks, according to the Guardian.

    “Because when terrorists are capable of committing such atrocities, they must be certain that they are facing a determined France, a united France, a France that is together and does not let itself be moved, even if today we express infinite sorrow,” Hollande added.

Coughing Up A Carrier For ISUS

  • France’s only aircraft carrier to leave for Middle East on Wednesday
    The only aircraft carrier in the French Navy’s fleet, the Charles de Gaulle, will leave for the Persian Gulf on November 18, to join the fight against Islamic State in the region, Paris has confirmed.
    “The naval group will leave Toulon (a major French naval base) in a few days, on November 18, to arrive in the Persian Gulf in mid-December,” government spokesman Stephane Le Foll said, as cited by Le Figaro.

Forewarned Was Not Forearmed

  • French and German Intelligence Services Knew Paris Attack Was Coming a Month Ago and Did Nothing
    Friday night, in the Paris area of France, over 120 people were killed by terrorists in a well-coordinated assault.

    France declared a national state of emergency after the six attacks, which continues as we speak.

    A report by Reuters summarizes the human toll of the attacks:

    A Paris city hall official said four gunmen systematically slaughtered at least 87 young people attending a rock concert at the Bataclan music hall. Anti-terrorist commandos eventually launched an assault on the building. The gunmen detonated explosive belts and dozens of shocked survivors were rescued.

    Some 40 more people were killed in five other attacks in the Paris region, the city hall official said, including an apparent double suicide bombing outside the national stadium, where Hollande and the German foreign minister were watching a friendly soccer international. Some 200 people were injured.

    But a number of startling revelations have come out since the attack. First, the “hacktivist” group Anonymous released a video saying that just hours before the attacks, Facebook shut down their “#OpISIS” terrorist reporting group. That group reported sock puppet accounts being used by the terrorist group to recruit people into its ranks. For whatever reason, Facebook decided to put an end to Anonymous exposing ISIS recruiters (at least until they make a new group doing the same thing).

    Then, on Saturday, information surfaced that implicates the French National Police and German BKA federal police, along with the German BND federal intelligence service, in something even more disturbing.

  • French Security Left Blind During Paris Attacks
    I have received a report from European security that there was a massive cyber attack on French systems 48 hours prior to and during the Paris attacks. Among other things, the attack took down the French mobile data network and blinded police surveillance The attack was not a straightforward DDOS attack but a sophisticated attack that targeted a weakness in infrastructure hardware.

    Such an attack is beyond the capability of most organizations and requires capability that is unlikely to be in ISIL’s arsenal. An attack on this scale is difficult to pull off without authorities getting wind of it. The coordination required suggests state involvement.

Paris To Script

  • At least 10 killed as French high-speed train derails & catches fire near Strasbourg
    At least 10 people have been killed and 32 injured as a train derailed and caught fire in Eckwersheim near Strasbourg in France, according to officials.

    A high-speed TGV train derailed in Eckwersheim in the Bas-Rhin department of Alsace in northeastern France mid-afternoon on Saturday.

    Officials said that out of the injured, 12 are in serious condition.

    Several people have been airlifted from the scene on a helicopter, RTL reports. The train was carrying 49 people, all of whom were employees of SNCF national railways.

    Local officials told AFP that the accident was apparently caused by “excessive speed.”

    The train derailed while on a bridge and the cars fell into the Marne-Rhine canal, according to witness reports. Photos from the scene show smoke coming from the carriages.


  • The False Flag Link: Passport “Found” Next To Suicide Bomber Was “Definitely A Forgery”
    a few hours ago, the story took an even more surreal twist when we learned that, according to both French and US sources, the passport was “definitely a forgery.”

    Some more details

Not So Fast

  • Syria warns of direct attack against french nuclear carrier

    The Syrian General Mohammad Issa, one of the top commanders of the Syrian army has threatened to target France‘s aircraft carrier directly if he dares to approach the Syrian coast.

    The announcement made by France to involve the nuclear aircraft carrier Charles de Gaulle, in military operations in Syria will force the country’s army to directly target the aircraft carriers” as investigated.

    Focusing on French air strikes in Syria, Issa said:

    “These strikes target Syrian oil wells and all this is done without the approval of Damascus government, which for us means the violation of our sovereignty”.

    “The Western coalition has targeted so far no position or camp of Daech or other terrorist groups. Through its strikes France seeks to bomb our oil wells as revenge against Damascus who did not give to France any oil concessions”, insisted the Syrian General Mohammad Issa.


When Conspiracy Is No Theory

  • 10 right-wing conspiracy theories that have slowly invaded American politics
    Paranoia is in our bloodstream. And with the emergence of social media, we’re more misinformed than ever before  [Misinformed by this article as well.]
  • East end given iodine pills as nuclear disaster precaution

    If you live in Durham Region or Scarborough, you may have just been mailed a package of pills in a calming sky blue box. Those pills are meant to protect you in the event of a nuclear disaster — a disaster that you, living within a sensitive 10km zone surrounding the Pickering and Darlington Nuclear Generating Stations, would be on the frontlines of.

    “A serious nuclear accident is extremely unlikely,” says Ontario Power Generation (OPG) spokesperson Neal Kelly.

    “(But) we worked with Toronto Health and Durham Health and we came up with a plan.”

  • Windows 10 Cannot Be Stopped From Automatically Spying On Users, Confirms Microsoft

    Windows 10 users are unable to stop the new operating system from spying on them, and even Microsoft is unable to prevent it from collecting some types of data.

    Microsoft has continued to insist that Windows 10 users enjoy full privacy and can always choose to turn of the data collection options in settings. But, for the first time, the Redmond-based software giant has admitted that the process of collecting core background data in Windows 10 cannot be stopped.

    Speaking to PC World, Microsoft Corporate Vice President Joe Belfiore said that Windows 10 constantly tracks how users operate and use the operating system and then automatically sends that information back to Microsoft. Windows 10 users have the option to turn off some of the tracking elements, but it is impossible to stop the operating system from collecting core data, according to Belfiore.

    “In the cases where we’ve not provided options, we feel that those things have to do with the health of the system,” said Belfiore. “In the case of knowing that our system that we’ve created is crashing, or is having serious performance problems, we view that as so helpful to the ecosystem and so not an issue of personal privacy, that today we collect that data so that we make that experience better for everyone.”

Suffer Presumptions of Lawfulness

  • Sorry, MPAA, Court Rejects Your Plan For A Secret SOPA At The ITC
    Last year, when the Sony emails leaked, and it was revealed that the MPAA was still totally focused on bringing SOPA back through alternative means, one of the strategies explored was getting the International Trade Commission (the ITC) to set up a sort of secret SOPA. The ITC is an already problematic government agency that is already widely abused by patent holders. Basically, you can ask the ITC to “block” some sort of “illegal foreign competition.” And for patent holders, this has meant going to the ITC and claiming that a foreign firm (or a domestic firm that is importing products) is violating its patents, and thus the ITC should issue an injunction blocking any such products from entering the US at its borders. This is already troublesome in the patent context, because the ITC process is entirely separate from either the USPTO’s review of patents or the federal courts — and actually has different rules. So even if a court might decide that a patent is invalid under existing rules, the ITC may have already started blocking the import of products, claiming patent infringement. It basically allowed patent holders to get two bites at the apple (sometimes, quite literally at Apple).  Thankfully, today, the CAFC sided with ClearCorrect and against the ITC (and the MPAA), noting that the ITC has no jurisdiction to issue injunctions on digital products. The decision was written by CAFC chief judge, Sharon Prost (who has really shaken up CAFC in a good way since taking over last year). Prost correctly notes that the ITC’s original decision was a massive, unauthorized expansion of the ITC’s jurisdiction, without the necessary Congressional approval. In short:

    The Commission’s decision to expand the scope of its jurisdiction to include electronic transmissions of digital data runs counter to the “unambiguously expressed intent of Congress.”

    Prost notes that the ITC’s charter allows it to issue injunctions to block the import of “articles” at the border, and “it is clear that ‘articles’ means ‘material things,’ whether when looking to the literal text or when read in context ‘with a view to the term’s place in the overall statutory scheme.'”

    The judge notes that, while digital content has some sort of physical aspects, that does not make it the same thing as physical property:

    We recognize, of course, that electronic transmissions have some physical properties—for example an electron’s invariant mass is a known quantity—but commonsense dictates that there is a fundamental difference between electronic transmissions and “material things.”

  • Beware of ads that use inaudible sound to link your phone, TV, tablet, and PC

    Privacy advocates are warning federal authorities of a new threat that uses inaudible, high-frequency sounds to surreptitiously track a person’s online behavior across a range of devices, including phones, TVs, tablets, and computers.

    The ultrasonic pitches are embedded into TV commercials or are played when a user encounters an ad displayed in a computer browser. While the sound can’t be heard by the human ear, nearby tablets and smartphones can detect it. When they do, browser cookies can now pair a single user to multiple devices and keep track of what TV commercials the person sees, how long the person watches the ads, and whether the person acts on the ads by doing a Web search or buying a product.

    Cross-device tracking raises important privacy concerns, the Center for Democracy and Technology wrote in recently filed comments to the Federal Trade Commission. The FTC has scheduled a workshop on Monday to discuss the technology. Often, people use as many as five connected devices throughout a given day—a phone, computer, tablet, wearable health device, and an RFID-enabled access fob. Until now, there hasn’t been an easy way to track activity on one and tie it to another.

    “As a person goes about her business, her activity on each device generates different data streams about her preferences and behavior that are siloed in these devices and services that mediate them,” CDT officials wrote. “Cross-device tracking allows marketers to combine these streams by linking them to the same individual, enhancing the granularity of what they know about that person.”

  • Australia revokes Myriad’s three patent claims on isolated BRCA1 DNA

    In a decision issued on October 7, 2015, the High Court of Australia (High Court) ruled unanimously in D’Arcy v. Myriad Genetics Inc., [2015] HCA 35, that three BRCA1 patent claims held by Myriad Genetics, Inc. under Australian Patent 686,004 were invalid. While Myriad’s patent had actually expired on August 11, 2015, the court decision set important precedent relevant to intellectual property in genetics/omics and precision medicine.

    The D’Arcy case itself, along with other litigation in the U.S. involving Myriad’s gene patents, has been discussed previously on Genomics Law Report (See generally here). Mutations in the BRCA1 gene confer increased risk of breast and ovarian cancer. The Myriad scientists were first to clone and sequence BRCA1, the gene that Mary-Claire King had linked to cancer susceptibility in a landmark paper in Science in 1990. Myriad identified several BRCA1 mutations. Myriad’s Australian Patent 686,004 contains 30 separate claims. Yvonne D’Arcy challenged the validity of the first three claims in Myriad’s patent, which claimed the isolated BRCA1 sequences with mutations conferring increased risk of breast and ovarian cancer.

    At Issue
    Only one patentability criterion of Section 18(1) of the Patents Act 1990 (Cth) was at issue in this case: whether Myriad’s patent claims satisfied the requirement that the invention be a “manner of manufacture within the meaning of section 6 of the Statute of Monopolies” (Patents Act 1990, S. 18(1)(a)). The other elements for patentability (i.e., novelty, inventive step, usefulness, and no secret user before priority date) were not at issue in the case. An overview of the Australian patent system is available here.

    Summary of Decision
    All seven justices agreed to revoke Myriad’s patent claims 1-3 for the specific isolated nucleic acids. The way they arrived at that conclusion varied, however, and there were three separate opinions. The majority focused on the specific isolated nucleic acid sequences not as compounds but as information. Two justices focused on the claims as having been drafted in a sly way such that a monopoly could be gained by disguising a process as a product. In a third opinion, the seventh justice focused on the claims being drawn not to one product but in actuality to multiple products that could not be adequately defined; thus, the claims failed as overly broad.

    In the majority opinion, four justices wrestled with the court’s role in government and the appropriateness of a court weighing public policy considerations when determining whether isolated DNA is patentable subject matter under Patents Act 1990, S. 18(1)(a). According to the majority, the Full Court of the Federal Court (i.e., the intermediate appellate court) had answered the wrong question when it had sided with Myriad, intentionally excluded public policy considerations, and dismissed D’Arcy’s challenge to Myriad’s patent claims. According to the majority (¶24), the question “was not whether a claimed invention, prima facie patentable, should be denied patentability by judicial fiat” but, rather, whether a claimed invention that fell outside of the established “concept of a manner of manufacture…should nevertheless be included in the class of patentable inventions” defined by the statute.

    When the Full Court had sided with Myriad and dismissed D’Arcy’s challenge Myriad’s patent claims in September 2014, it had intentionally avoided public policy reasons for the exclusion of patents for gene sequences. The High Court majority indicated that public policy considerations would have to be taken into account by the court in some instances—namely, those instances when the patent application at issue was for “unimagined technologies with unimagined characteristics and implications” (¶23). This consideration of policy would be necessary precisely because the courts are tasked by Parliament with developing patentability on a case-by-case basis using a “broad statutory concept.” (¶25) Moreover, the landmark Australian patentability case (National Research Development Corp v. Commissioner of Patents (1959) 102 CLR 252) “emphatically” rejected the establishment of an “exact verbal formula” for courts to use when determining what constitutes a “manner of manufacture” (¶20).

    The High Court then enumerated six factors relevant in determining patentability in cases of novel technology(¶28). Those factors, closely paraphrased, are:

    1. Whether the invention as claimed is for a product made, or a process producing an outcome, as the result of human action.
    2. Whether the invention as claimed has economic utility.
    3. Whether attributing patentability would be consistent with the purposes of the Patents Act 1990.
    4. Whether attributing patentability to the invention as claimed would enhance or detract from the coherence of the law.
    5. Whether attributing patentability would affect compliance with international law or would enhance or detract from harmonization with the patent law of other countries.
    6. Whether attributing patentability to the class of invention claimed would involve law-making of a kind which should be done by the legislature.

    In its analysis, the majority of the High Court bolstered its position by distinguishing what is permissible from what is mandated as patentable subject matter under the Patents Act 1990. It dismissed legislative history cited by Myriad to show that Parliament had declined opportunities to create an exclusion for gene patenting (¶36-37). The majority stated simply, “This Court is not concerned in this appeal with ‘gene patenting’ generally…The legislative history does not assist the Court in answering the question posed in this appeal” (¶37).

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