Craig Welch 's BestNetTech Comments

Latest Comments (148)

• On the post: DOJ Blows Redaction Effort; Exposes Immigration Judges Accused Of Misconduct

  

  Craig Welch ( profile ), 28 Jan, 2017 @ 06:06am

  Re: Re:

  The cited article tells you the answer to that question.

• On the post: AT&T Already Backing Off Its Biggest Time Warner Merger Promise: Cheaper TV

  

  Craig Welch ( profile ), 16 Jan, 2017 @ 03:57pm

  Re: Re: Re:

  Citizens going 'rogue' would not be a valid reason to initiate an ISDS dispute.

• On the post: FBI Dismisses Child Porn Prosecution After Refusing To Hand Over Details On Its Hacking Tool

  

  Craig Welch ( profile ), 16 Jan, 2017 @ 03:56pm

  Re: Re: Useless tech for law enforcement

  Can you point to an ISDS regulation that states that a government cannot violate an NDA?
  
  Please.

• On the post: Great: Now Wall Street Is Funding Speculative Corporate Sovereignty Claims For A Share Of The Spoils

  

  Craig Welch ( profile ), 10 Jan, 2017 @ 07:43pm

  Re: Re: Re:

  Keeping in mind, of course, that the case to which you point is not an ISDS dispute.

• On the post: Study Shows Risks Of Including Corporate Sovereignty In The 'Other' Huge Asian Trade Deal, RCEP

  

  Craig Welch ( profile ), 13 Dec, 2016 @ 10:35pm

  Re: Re: Re: ISDS question

  The dispute in the article to which you linked is not an ISDS dispute.
  
  The US has not yet lost an ISDS dispute, although it surely will (Keystone XL comes to mind). It nearly lost one, but the Government 'leaned on' one of the arbitrators beforehand.

• On the post: Company Acquires Rights To Drug Used By AIDS/Cancer Patients; Immediately Raises Per Pill Price From Under $14 To $750

  

  Craig Welch ( profile ), 07 Dec, 2016 @ 11:23am

  Re:

  Why would you want to cure the parasites? Wouldn't you want to kill them?
  
  Surely the objective is to cure the patient who has parasites. Albenza does cure some parasite related infections.
  
  What research should your doctor have done that s/he did not?

• On the post: Surprise: Now Even Australia's Biggest Business Organization Says It Has Doubts About TPP

  

  Craig Welch ( profile ), 19 Oct, 2016 @ 08:12pm

  Clarity

  Oh, FFS. The article is quite clear. If someone reads the headline and doesn't understand after a few paragraphs what it's all about, that person clearly isn't fit to post here.
  
  Other than by the name of Anonymous Coward.
  
  Oops. Sorry.

• On the post: Tobacco Carve-Out From ISDS Starts To Spread: Another Nail In The Coffin Of Corporate Sovereignty

  

  Craig Welch ( profile ), 19 Oct, 2016 @ 07:47am

  Re: Re: Re:

  "alleged direct expropriations of investments" is a pretty big and vague category.
  
  No it's not. Expropriation is a well understood concept in International Law.
  
  > E.g. the recent tax changes that have been occurring around the world to prevent companies avoiding taxes by offshoring profits could fall under this category.
  
  No they couldn't. Taxation is not expropriation, period.

• On the post: Surprise: Now Even Australia's Biggest Business Organization Says It Has Doubts About TPP

  

  Craig Welch ( profile ), 19 Oct, 2016 @ 06:26am

  IP 'liberalisation'

  It should also be concerned about the potential for "regulatory chill" from the clauses that would prevent further liberalisation of Australia's intellectual property and labour laws after it had been ratified.

  How did the word 'further' get in there? There hasn't been any liberalisation of Australia's IP or labour laws in recent times, with IP laws in particular being tightened up as a result of AUSFTA (Australia - US Free Trade Agreement).

• On the post: Stepdad Goes To Police With Stepdaughter's Sexts, Asks Them To Intervene, Is Prosecuted For Child Porn

  

  Craig Welch ( profile ), 18 Oct, 2016 @ 09:39am

  Re: Blame the Prosecutor, Not the Judge

  What this tells me is you have someone in that DA's office who has too much ambition. It seems likely someone wanted to pad their statistics for child porn prosecutions, to help a future bid for public office. This is someone to watch, because this is a person who cares more for personal power than for justice or actually serving the community.

  
  
  What this tells me that you think the entire world's legal system is modelled on that in the US.
  
  It ain't. Fortunately.

• On the post: Stepdad Goes To Police With Stepdaughter's Sexts, Asks Them To Intervene, Is Prosecuted For Child Porn

  

  Craig Welch ( profile ), 18 Oct, 2016 @ 09:34am

  Re: Re: Re:

  Where did you get 'for the rest of his life' from?
  
  He will be on the register for eight years.

• On the post: Tobacco Carve-Out From ISDS Starts To Spread: Another Nail In The Coffin Of Corporate Sovereignty

  

  Craig Welch ( profile ), 18 Oct, 2016 @ 09:25am

  Re:

  Which is exactly what the ISDS is being used for in a majority of cases.

  
  
  No it's not.
  
  "State conduct most frequently challenged by investors in 2015 included legislative reforms in the renewable energy sector, alleged direct expropriations of investments, alleged discriminatory treatment, and revocation or denial of licences or permits."
  
  Source: ‘Investor-State Dispute Settlement: Review of Developments in 2015’ (United Nations Conference on Trade and Development (UNCTAD) 2016)

• On the post: DOJ To Anti-Muslim Troll Pam Geller: You're Suing The Wrong Entity, Genius

  

  Craig Welch ( profile ), 03 Oct, 2016 @ 01:53pm

  Re: Re: The lawyers involved should be disbarred

  I'm sorry, please help me here ... which section of the Constitution says that this is OK?

• On the post: DOJ To Anti-Muslim Troll Pam Geller: You're Suing The Wrong Entity, Genius

  

  Craig Welch ( profile ), 03 Oct, 2016 @ 12:50pm

  Re:

  There are no ISDS grounds here ...

• On the post: More Details On How Corporate Sovereignty Provisions, Like Those In TPP & TTIP, Are Dangerous

  

  Craig Welch ( profile ), 15 Sep, 2016 @ 02:47pm

  Re: US "hasn't lost"

  The US is a signatory to the New York Conventions, and has therefore affirmed that it will respect arbitral decisions.
  
  Were it not to do so, there are mechanisms to use domestic courts in other countries to seize US assets.

• On the post: More Details On How Corporate Sovereignty Provisions, Like Those In TPP & TTIP, Are Dangerous

  

  Craig Welch ( profile ), 14 Sep, 2016 @ 02:06am

  Re:

  My country was on the receiving end of an ISDS lawsuit over plain-packaging cigarettes. You can't imagine what it's like to have your country's sovereignty violated by an international company who just wants to exploit you for money.

  
  
  And your country prevailed. How was your country's sovereignty violated? Your country signed up to a treaty that had arbitration provisions, and an investor took advantage of them to initiate a dispute, which it lost.

• On the post: More Details On How Corporate Sovereignty Provisions, Like Those In TPP & TTIP, Are Dangerous

  

  Craig Welch ( profile ), 13 Sep, 2016 @ 05:34pm

  Re: Another angle on ISDS...

  - Twitter could sue Turkey for full-site blocking

  
  Is Twitter an investor in Turkey?
  
  

  - Ditto for Youtube in Pakistan

  
  
  Is YouTube an investor in Pakistan?
  
  

  - Google could sue China for censorship

  
  
  Which article of which treaty has China breached in imposing its censorship?
  
  

  - (Irish) Apple could sue the US for forcing encryption backdoors

  
  
  Apple is a US company.

• On the post: More Details On How Corporate Sovereignty Provisions, Like Those In TPP & TTIP, Are Dangerous

  

  Craig Welch ( profile ), 13 Sep, 2016 @ 05:30pm

  Re: Re: Re: Another angle on ISDS...

  It's worth mentioning that ISDS lawsuits won't necessarily come from *foreign* investors. The Canadian mining company Lone Star Pine sued the Canadian government for $250 million after the province of Quebec banned fracking. They were able to do so under NAFTA’s ISDS rules, using their Delaware-registered subsidiary.

  
  
  Lone Pine Resources Inc is a US company, which has a Canadian subsidiary - Lone Pine Resources Canada Ltd.

• On the post: Ted Cruz Still Blatantly Misrepresenting Internet Governance Transition

  

  Craig Welch ( profile ), 11 Sep, 2016 @ 01:46am

  Stop it children

  Two little children throwing school yard insults.
  
  Grow up, both of you, or you won't get cookies and milk after school.

• On the post: With Both Presidential Candidates Claiming To Be Against The TPP, President Obama Kicks Off Campaign To Ratify It

  

  Craig Welch ( profile ), 22 Aug, 2016 @ 09:32pm

  Re: Re: Re: Re: Question

  To be pedantic, The Obama administration did not release the TPP text. It was released by New Zealand, the official repository country for the agreement. https://www.tpp.mfat.govt.nz/text
  
  Other countries then published it on their own websites.
  
  I've often read it as "Obama decided to release the text". He didn't. The 12 nations decided.

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