Intercon Sentencing, Defamation, and Charity vs Charity Grudge Match

Chicago's Hall of Mirror Balls

Several people heard a "whoosh" sound while reading the April Fools Day Blog.  The BAN vs ERA of Canada - two recognized tax charities - defamation lawsuit was dropped about the same time.  But ERA's leader Bojan Paduh (a refugee of Bosnia during the 1990s civil war) is someone I got to know as a result of the lawsuit.  His anger at BAN is absolutely seething in a way I have not heard since Brian Brundage sued the NGO 6 years ago. (For April Fool reference, see email from BAN at bottom).

I told Bojan that I had indeed, more than once, considered a defamation lawsuit against BAN. Brian Brundage (like Bojan) had asked if I was interested in joining class action (shared legal cost) approach.  I spoke to an attorney about it in 2012, when Basel Action Network told a Chicago Newspaper that I was "lying through my teeth" and that the "state of the art" reuse and recycling facilities I had visited and eyewitnessed in Asia were a "myth". According to the reporter, BAN warned him against even listening to me, stating I was mentally ill and that everyone in the recycling community knew it.

"Most libel cases are filed by private citizens. There are reasons for that. Private citizens have a much lower bar to hurdle. They have to prove that the statement was factually wrong, that it was published, that it referred to them and damaged their reputation—and that somebody is responsible for it. That the person who made the statements was negligent." - Guy Bergstrom, "To Sue or Not to Sue: Libel"

Now BAN has learned a thing or two from their experience paying attorneys to defend them in defamation and liable lawsuits.  The 2012 attack on me was certainly explicit and personal, not against a company and not a vague "opinion".  They explicitly warned a reporter not to talk to me, and gave reasons why I was not credible.  Because BAN had to take the unusual step of apologizing and retracting their statements, I get contacted a lot for advice from others wanting to sue BAN. But they have learned to be a little more cautious in some cases (like using the term "likely illegal" against ERA, instead of "illegal", as they claimed in 2012).

Instead of suing, I accepted BAN's apology, which was run in the same Chicago Patch newspaper. I was not really satisfied with the apology, because it did not remove the insult or racial profiling I originally objected to. I was not the person being defamed, it was the Tech Sector overseas, the poor people who make a lot more money repairing rich peoples stuff than they can make repairing poor peoples stuff.

NGO Bravely Intervenes in Seattle Laptop Donation

[April 1, 2019  Seattle, Washington]  It was a close call for a local Seattle charity, which nearly received a dozen working laptops from a Canadian reuse organization last month.

Fortunately, Basel Action Network was quick to intervene, notifying the charity by email that the working laptops - while free -  were, in fact, used goods.

"We try to sabotage these before they are handed out," said Executive Director Jim Phuckett. "Had these gotten into the hands of a needy person, they might have gone for years using the device, not even realizing they were accessing the internet and typing term papers using 'e-waste'!"

Poison Apples 4: BAN Report on Canadian Export - 9% Export Despite Rigged Sampling!

Nine Percent!?!?

Nine Percent is a nine-member Chinese boy group formed by the survival show Idol Producer by iQiyi in 2018.

Nine percent is also the result of BAN's E-Stewards new report  on a rigged process to show illegal ewaste export is still a thing to pay them money about.

Rigged as in 14% of all the devices BAN tracked were sent to one company (which BAN has engaged in a lawsuit against). And BAN didn't track things they knew would not likely be exported.

Basel Action Network, the owner of the "E-Stewards" authority program, is still using GPS trackers to try to ramp up business.  In a new report distributed by email, BAN has given a subject headline that "Canada still Exporting e-Waste to Developing Countries"... Using a clever but well trod journalism trick, "still" is meant to imply something significant is contained in the report.

Let's boil the information down from page 1.

1) Zero CRT televisions tracked, despite being 60% of Canada's e-waste stream.  That's a major sampling bias if your claim is about "Canadian e-Waste".

2) The devices "chosen" for export tracking - LCD monitors, CRT desktop monitors, and printers - were identified in BAN's 2016 report as the most likely items purchased by export markets.

3) BAN "Poisons the Apples" again, claiming to have secretly "rendered the devices economically unrepairable".  Like the 2016 report, the sabotage is not visible, it's hidden (and not competently done - in 2016 several devices were found repaired and in use anyway). Why do that, other than defeat screening and quality control procedures by the accused Canadian exporter?

4) BAN again conflates the Basel Convention - which explicitly allows reuse and repair and even recycling exports to developing countries - with their proposed AMENDMENT, which they admit has not been passed or ratified by either the Convention or Canada. So their claims of "illegal" activity by Canadians are clearly false and defamatory.

Despite all this spin, the result of the GPS study is   9 %

And if CRT TVs had been tracked, it would have been less than 3 percent!!!  This report shows an NGO flailing its fingers on the keyboard!!!

The Thorny Distraction of Environmental Police / Malaysia Rhino Horn

It has been a couple of years now since WR3A's last meeting with INTERPOL in Lyon, France. After our first and second visit to Agbogbloshie, laughingling labelled the "world's largest e-waste dump", INTERPOL officials let me know that "Project Eden" was a misfire. They would sunset it silently.  This is what grown up environmentalists do.

The #ewastehoax launched by Jim Puckett of Seattle almost two decades ago has distracted environmental regulators, and has diluted their enforcement, from much more important concerns.  Like this.

Fifty rhino horns, worth $12M, seized by Malaysian environmental officials in Kuala Lumpur. This is a big news story. Yet it's been distracted from and diluted by Basel Action Network, and there's been no country more so distracted by BAN's war on repair than Malaysia DOE.