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A hardware addition to an existing computing device that increases the computer's processing speed and capabilities.
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Also known as: ACL
Constrains the flow of traffic by individual IP address or by a range of IP addresses.
access rule
Forwarding rule that determines how clients on a source network access resources on a destination network.
Enables you to configure Microsoft Exchange accounts on a mobile device.
adaptive profiling
Technique of analyzing request and response traffic to generate customized security profiles for the web application. See also exception profiling.
Software utility that can be used in conjunction with a device or service; for example, Barracuda Outlook Add-In.
A piece of software that enhances another software application and usually cannot be run independently.
Also known as: address map
Technique that allows different protocols to interoperate by translating addresses from one format to another.
Also known as: APT
Malicious cyber attacks directed at a specific target, usually over a long period of time. APTs are often run by professional organizations, looking to steal information rather than just money.
Also known as: ATD, ATP, Advanced Threat Detection, BATP, Barracuda Advanced Threat Protection
Service that analyzes inbound email attachments with most MIME types in a separate, secured cloud environment, detecting new threats and determining whether to block such messages. Formerly known as Advanced Threat Detection, or ATD.
AES 256-bit
Also known as: Advanced Encryption Standard
A specification for the encryption of electronic data. 256-bit refers to the key length and is the maximum value.
Also known as: AWS
Amazon's public cloud platform that lets you build, deploy, and manage applications across a global network of datacenters.
Also known as: Amazon Machine Image
AWS template that contains configuration, application server, and applications required to launch an EC2 AWS Instance.
Mobile device operating system. Compare to Apple iOS.
anti-evasion
Protection against network attacks that combine several different known evasion methods to create a new technique that is delivered over several layers of the network simultaneously.
anti-obfuscation
Protection against attacks that involve obfuscated code. Obfuscation may involve encrypting code, stripping out potentially revealing metadata, renaming useful class and variable names, or adding meaningless code to an application binary.
Antivirus software, abbreviated: AV. Used to prevent, detect and remove malicious software.
Also known as: Application Programming Interface
A set of tools and procedures provided by the programmer of an application so that other programmers can control, exchange data with, or extend the functionality of an application.
Also known as: Access Point Name
Access Point Name provided by an ISP for wireless WAN connections.
Apple mobile operating system for devices such as iPhone and iPad. Compare to Android.
Device or piece of equipment.
Layer 7 of the OSI reference model. This layer provides services to application processes (such as electronic mail, file transfer, and terminal emulation) that are outside of the OSI model.
Application Load Balancer
AWS feature that makes routing decisions at the application layer (HTTP/S), supports path-based routing, and can route requests to one or more ports on each EC2 instance or container instance in a VPC.
application rule
Firewall rule that allows you to block or throttle traffic for detected applications.
Also known as: Address Resolution Protocol
Protocol for mapping IP addresses to physical addresses such as Ethernet or Token Ring.
Also known as: ARP trashing, spoofing
Type of attack in which a malicious actor sends falsified ARP (Address Resolution Protocol) messages over a local area network. This results in the linking of an attacker's MAC address with the IP address of a legitimate computer or server on the network.
Referring to a standard 7-bit character system that includes the alphanumeric characters and printer control codes.
authoritative DNS
Name server that gives answers in response to queries about names in a DNS zone.
authority zone
Associated with DNS. A section of the domain-name tree for which one name server is the authority.
Also known as: Auto Scale
A web service designed to launch or terminate AWS instances automatically based on user-defined policies, schedules, and health checks.
Auto Scaling Group
A representation of multiple EC2 instances that share similar characteristics, and that are treated as a logical grouping for the purposes of instance scaling and management.
autonomous system
Also known as: AS
Collection of networks under a common administration sharing a common routing strategy. Autonomous systems are subdivided by areas. An autonomous system must be assigned a unique 16-bit number by the IANA.
Also known as: AZ
A distinct location within an AWS region that is insulated from failures in other Availability Zones, and provides inexpensive, low-latency network connectivity to other Availability Zones in the same region.
Also known as: Amazon Web Services
Enables you to use the Internet privately through AWS cloud services by linking your internal network to an AWS Direct Connect location. You can create virtual interfaces directly to the AWS cloud and to Amazon VPC, bypassing Internet service providers in your network path.
Also known as: Amazon Web Services Internet of Things
A managed cloud platform that lets connected devices easily and securely interact with cloud applications and other devices.
AWS region
A named set of AWS resources in the same geographical area. A region comprises at least two Availability Zones.
A simple and intuitive web-based user interface to access and manage AWS.
Microsoft's public cloud platform that lets you build, deploy, and manage applications across a global network of datacenters.
Also known as: ARM
Azure deployment mode that enables you to work with the resources in your solution as a group. Recommended for new deployments.
back-end server
Part of the back-end process, that usually consists of server, application, and database. The back end is where the technical processes happen, as opposed to the front end, which is usually where the user's interaction occurs.
Referring to the Internet, a central network that provides a pathway for other networks to communicate.
Balance-XOR
Operating mode for Ethernet bundles where the link is chosen by calculating the hash out of the source/destination MAC (Layer 2) combined with the IP addresses (Level 3).
Rate of data transfer, usually expressed in multiples of bits per second (bps).
Barracuda Campus
Online documentation and training material for all Barracuda products, located at campus.barracuda.com. Contains feature descriptions, how-to articles, and release notes. Formerly known as Barracuda University and Barracuda TechLibrary.
Barracuda Central
Provides a wide range of statistics, threat information, and a number of useful services to help manage and secure your network. Shares information with Barracuda Networks customers and the Internet security community.
Barracuda cloud
A complementary component of all Barracuda products, providing an added layer of protection and scalability.
Barracuda Cloud Control
Also known as: BCC
A comprehensive cloud-based service that enables administrators to monitor and configure multiple Barracuda Networks products from a single console.
Enterprise-grade, cloud-generation firewall, purpose-built for efficient deployment and operation within dispersed, highly dynamic, and security-critical network environments.The product was formerly known as Barracuda NextGen Firewall or Barracuda NG Firewall and in Q1 2018 got renamed to CloudGen Firewall to emphasize its abilities to protect cloud and dispersed networks.
Barracuda Networks account
Credentialed account used to log into Barracuda Services and Barracuda Appliance Control.
Barracuda Networks Technical Support
Contact Barracuda Networks Technical Support if you need help with your Barracuda Networks product. Visit https://www.barracuda.com/support/index for details.
Barracuda NextGen Firewall X-Series
Application-aware network firewall appliance, designed for organizations without dedicated IT personnel to manage firewalls.
Barracuda NG Web Security Gateway (IBM ISS)
Web Security Gateway engine used by the URL Filter service on the Barracuda NextGen Firewall F-Series. The Barracuda NG Web Security Filter can only be used in combination with the HTTP proxy and is not compatible with Application Control. Requires a Barracuda NG Web Security Gateway subscription.
Barracuda portal
Entry point into Barracuda cloud services.
Barracuda Reputation
A database maintained by Barracuda Central and includes a list of IP addresses of known, good senders as well as known spammers, or IP addresses with a poor reputation.
Barracuda Reputation Block List
Also known as: BRBL
Database of IP addresses manually verified to be noted sources of spam.
Barracuda Vulnerability Manager
Also known as: BVM
Barracuda's web application vulnerability management solution to help businesses automatically identify, assess, and mitigate web application security risks including those categorized by the Open Web Application Security Project (OWASP) including SQL Injection, Cross-Site Scripting (XSS), Cross-Site Request Forgery (CSRF), and others.See also Barracuda Vulnerability Remediation Service (BVRS).
Barracuda Vulnerability Remediation Service
Also known as: BVRS, VRS
A free add-on to the Barracuda Web Application Firewall, enables automatic scanning, remediation, and maintenance of web application policies.See also Barracuda Vulnerability Manager (BVM).
Also known as: WAF
Barracuda's product that blocks an ever-expanding list of sophisticated web-based intrusions and attacks that target applications hosted on web servers and in the cloud.
Barracuda Web Security Agent
Also known as: WSA
A tamper-proof client that can be installed on remote, off-network laptops or desktops to help implement a consistent web security policy across localized and distributed workforces.
Barracuda Web Security Service
Also known as: WSS
A cloud-based service that deploys Barracuda's web security technology for organizations looking to leverage the scalability and flexibility of the cloud. The WSS unites spyware, malware, and virus protection with a policy and reporting engine.
Also known as: Berkeley Internet Name Domain
The standard TCP/IP naming service that links network names with IP addresses.
Storage device that moves data in sequences of bytes or bits (blocks). Example: hard disk, CD-ROM drive, flash drive.
block device mapping
Defines the block devices (instance store volumes and EBS volumes) to attach to an AWS instance.
Also known as: blacklist, block list, black list
List of domains, users, or hosts that are denied access, especially refers to mail and web traffic. Sometimes known as blacklist. Compare to allow list or whitelist.
Licence-free symmetric encryption algorithm that can be used as a replacement for the DES and IDEA algorithms.
A network of private computers infected with malicious software and controlled as a group without the owners' knowledge, for example, to send spam messages. The word botnet is a combination of the words "robot" and "network".
The action taken by network equipment to create an aggregate network from either two or more communication networks, or two or more network segments. Bridging is distinct from routing, which allows multiple different networks to communicate independently while remaining separate.
brute-force protection
Also known as: brute force protection
Protection against a brute-force attack, which consists of systematically checking all possible keys or passwords until the correct one is found. This type of attack uses a large number of attempts to gain access to a system.
In AWS, container for objects that can be stored in Amazon S3.
Also known as: Bring Your Own Device
The practice of allowing employees or members of an organization to use their own computers, phones, or other devices for work.
byte-level data deduplication
Data deduplication method that analyzes data streams at the byte level by performing a byte-by-byte comparison of new data streams versus previously stored ones.
Licence-free symmetric encryption algorithm (key block cipher).
A document or seal certifying the authenticity of something. A digital certificate certifies the ownership of a public key. This allows relying parties to rely upon signatures or on assertions made about the private key that corresponds to the certified public key.
Log of configuration changes on the appliance. Can be found in the release notes of the product.
The result of a mathematical operation that uses the binary representation of a group of data as its basis, usually to check the integrity of the data.
Also known as: classless interdomain routing
Technique supported by BGP4 and based on route aggregation. CIDR allows routers to group routes together in order to cut down on the quantity of routing information carried by the core routers.
Also known as: Common Internet File System
Standard for sharing files across the Internet.
Class A|B|C|D network
Classes of IP addresses as defined in the Internet Protocol hierarchy.
classic load balancer
In AWS, a Classic Load Balancer makes routing decisions at either the transport layer (TCP/SSL) or the application layer (HTTP/HTTPS), and supports either EC2-Classic or a VPC (virtual private cloud).
clickjack
Also known as: UI redressing, iframe overlay
Malicious technique where a user is tricked into clicking on a button or link on a website using hidden clickable elements inside an invisible iFrame.
A search engine optimization (SEO) technique in which the content presented to the search engine spider is different from that presented to the user''s browser.
AWS cloud integration allows the firewall to connect directly to the AWS service fabric to rewrite routes in AWS route tables and to retrieve information for the cloud element on the dashboard. Cloud integration also works with Azure.
cloud operating system
A computer operating system that is specially designed to run in a provider's datacenter and be delivered to the user over the Internet or another network. Windows Azure is an example of a cloud operating system or 'cloud layer' that runs on Windows Server 2008.
cloud portability
The ability to move applications and data from one cloud provider to another. This is the opposite of "vendor lock-in".
A service offered by cloud storage providers whereby data is transformed using encryption algorithms and is then placed on a storage cloud.
AWS management tool that lets you create, manage, and update a collection of AWS resources using templates and allowing Json code for template deployment.
CloudFormation Stacks
Host uploaded content and can be deployed in CloudFormation, an AWS feature.
An AWS content delivery service that helps you improve the performance, reliability, and availability of your websites and applications.
cloudsourcing
Replacing traditional IT operations with lower-cost, outsourced cloud services.
AWS management tool to monitor resources and applications. Aggregates data and metrics (cpu load, network throughput, disk io, etc), filters it, and provides alarm actions.
cluster-specific
Global settings that apply to a cluster on a Barracuda NextGen Control Center.
collision domain
In Ethernet, the network area within which frames that have collided are propagated. Repeaters and hubs propagate collisions. LAN switches, bridges and routers do not.
community string
Text string that acts as a password and is used to authenticate messages sent between a management station and a router containing an SNMP agent. The community string is sent in every packet between the manager and the agent.
compression, data
Also known as: data compression
The process of encoding digital information by using fewer bits.
Traffic in excess of network capacity.
connection draining
AWS feature, lets you scale down EC2 instances to reduce sessions.
Barracuda Web Application Firewall (WAF) feature. A cache of database connections is maintained so those connections can be reused when future requests to the database are required. Connection pools are used to enhance the performance of executing commands on a database and also cuts down on the amount of time a user must wait to establish a connection to the database.
Also known as: CDN
A distributed system consisting of servers in discrete physical locations, configured in a way that clients can access the server closest to them on the network, thereby improving speeds.
CPU emulation
Masks the virtualization environment, so payload can be detonated more effectively.
cross region replication
Feature of S3 storage class in AWS. Once enabled, every object uploaded to a particular S3 bucket is automatically replicated to a designated destination bucket located in a different AWS region.
Also known as: xss, cross site scripting
A type of computer security vulnerability, typically found in web applications, that enables attackers to inject client-side scripts into web pages viewed by users.
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Label: A Geffen Records release; ℗ 2018 UMG Recordings, Inc.
"This album was our freshman project," Souther says of duo's self-titled album, recorded before Frey co-founded Eagles.
Longbranch/Pennywhistle, the legendary 1969 collaboration between late Eagles co-founder Glenn Frey and longstanding songwriting partner, JD Souther, will make its CD debut as well as return to vinyl for the first time in nearly 50 years on September 28 via Geffen/USM. The album has been remastered and remixed by acclaimed producer/engineer Elliot Scheiner (Eagles, Steely Dan, Toto) and Souther. Released earlier this year as part of the Glenn Frey box set Above The Clouds: The Collection, the eponymous album is being made available as a standalone CD and on 180-gram black vinyl for the first time ever.
Produced by Tom Thacker, Longbranch/Pennywhistle boasts an impressive list of top-tier collaborators including rockabilly guitar legend James Burton, slide maestro Ry Cooder, pedal-steel legend Buddy Emmons, Wrecking Crew pianist Larry Knechtel, session drummer Jim Gordon, bass master Joe Osborn, and fiddle player nonpareil Doug Kershaw.
A second album was never cut and the band subsequently broke up. Frey went on to co-found the Eagles, occasionally with Souther's songwriting pen and vocal harmonies in tow, while Souther mainly focused on a successful solo career ("You're Only Lonely,") and the occasional duet with the likes of James Taylor ("Her Town, Too") and Linda Ronstadt ("Prisoner In Disguise"), in addition to authoring signature hits interpreted by the likes of Dixie Chicks ("I'll Take Care Of You") that yet again served to redefine the country genre.
Forever intertwined together in Longbranch/Pennywhistle, Souther and Frey will always represent the pioneering So Cal-transplanted songwriting duo who opened the door on a genre that ultimately knows no limits. Songs like album standouts "Kite Woman" and "Run, Boy, Run" serve as the literal seeds of the country-rock movement Frey and the Eagles perfected to a T.
"Glenn Frey was my roommate, best friend, and first songwriting partner in Los Angeles," Souther says. "We knew we were onto something original, as are most young musicians, including our soon-to-be friends and collaborators Jackson Browne and Don Henley; but quite honestly, we were just trying to do our best work in a very competitive environment. If in doing that we evolved a new architecture of some sort, fine, but remember we were all listening carefully to each other and to the giants before and among us. We listened to Miles, Hank Williams, Laura Nyro, Joni Mitchell, Trane, Bach, Cole Porter, Tim Hardin, Bob Dylan, James Taylor, and Carole King to name a few. We always said that if you want to make great music you should listen to great music. This album was our freshman project."


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Distilleries of the company
Scotland, Speyside
4.1 (2,021), 82, 239
In 1879 the distillery was built near the Lour stream by James Fleming. During his time the Aberlour distillery was the most modern distillery at the time.
3.6 (48), 3, 72
Allt-A-Bhaine is a rather young Malt whisky distillery near Dufftown in the Speyside region. It was built to supply the Blended Whiskys of the Chivas Brothers.
The Braeval distillery was founded in 1973 by the Chivas Brothers Ltd. It was closed in 2002, but reopened in 2008. Read more about it below.↓
4.2 (23), 63
Caperdonich Distillery was originally built as "Glen Grant#2, a clone of the famous distillery right next to it. It never really managed to step out of its shadow and attract own attention. Mothballed since 2002 it was demolished in 2011 but some...
Glen Keith is one of the younger distilleries in Scotland, having only been founded in 1957 by the Chivas Brothers. It is located in the beautiful Speyside town of Keith, within eyeshot of Strathisla, the oldest distillery in Scotland. 2000 the distillery...
3.6 (67), 5, 101
Glenburgie was founded in 1810 under the name 'Kilnflat' by William Paul. It is neighbors with Glenallachie and Glenspey.
The Glenlivet distillery is one of the most famous Scotch distilleries in the world. Translated from Galic "Glenlivet"means Valley of the Livet" The Livet is the river that runs through the valley.
The Glentauchers Distillery is situated in the Speyside, just a few miles from Keith at the road to Craigellachie. There's no visitor center at Glentauchers and this may be one reason why the distillery is not very well known. But the more important...
The Imperial distillery is right next to Aberlour in the Scottish Speyside. Since the year 2000 the Distillery is closed.
Scotland, Lowlands
4.0 (1), 18
Inverleven distillery lied on the cusp between the lowlands and the highlands, at the northern shores of the Clyde in Dumbarton. Inverleven distillery was built as part of the Dumbarton complex in 1938, making it a relatively young distillery.
Scotland, Highlands
Lochside distillery was founded in 1957, making it one of the newer distilleries in Scotland. It was rebuilt from previously being a Deuchar's Beer brewery into a malt whsiky facility by McNab distilleries. McNab ran an incredibly efficient operation at...
4.1 (201), 7, 137
Many Scottish whisky distilleries were founded during the whisky boom at the end of the 19th century but in contrast to most of them Longmorn succeeded to survive. The Speyside distillery that is situated in Elgin/Morayshire next to the Ben Riach...
3.9 (75), 125
Andrew Peary and Robert Bain founded Miltonduff distillery in 1824. The distillery had previously operated illicitly on the site since the turning of the century, but following the passing of the Exercise Act, Peary and Bain established the distillery as...
0.0, 0
Rabbit Hole is a Bourbon distillery in Louisville, Kentucky.
Scotland, Islands
3.7 (216), 18, 47
Macfarlane & Townsend founded Scapa distillery in 1885, with the operation being headed up by John Townsend. John Townsend was the general manager of the operation until 1919, when the Scapa Distillery Company Ltd was founded. However, it went into...
Glenfiddich 15Y Distillery Edition - 51% - 1l

redpajama_set_name: RedPajamaCommonCrawl


What is next for the UK and the EU?
The time we all have been afraid of has arrived. The area we have entered is totally uncharted. This is not a characterization that promotes terror but it sure is a characterization that tries to figure out the unknown. For the first time in its history, the European Union will say goodbye to a member state. But is this goodbye forever? I think it is not. Maybe this won't be the very end of a long lasting relationship.
The participation of the United Kingdom in the European Union has always been questioned and judged by both the Europhiles and the Eurosceptics. The pro-EU supporters, including civilians, political parties and MPs in the United Kingdom have been supporting the European prospect of their country.
However, in 2008 the Britons have voted against the proposal of UK joining the Eurozone. How bad was it? Actually, it was not a strong sign of increasing Euroscepticism, but combined with the opt-out deal of the UK in the aspects of Social and Economic matters, something seemed to have been sealed - the potential scenario of developing further relations with the Union.
Since then, Euroscepticism started becoming a trend, both in the UK and among several other countries of the Union. Brown's pro-Eurozone and strengthening the ties campaign in 2008 was the last hope for the country to achieve a stronger relationship with the EU. Or was it? In 2014, the UK has undergone the Scotch referendum about the continuation of Scotland being an indivisible part of the Union Jack Kingdom. And the outcome has been in favour of staying in the UK.
Although the outcome of the referendum was positive, there has been an important detail in that outcome. This was that the central government in London committed to the Scottish voters that as long as they stay in the UK, their access to EU; especially in the sector of trade and investments; will be granted forever. Two years after the Scotch referendum, the UK has been driven to a standstill. The majority of people have voted to opt-out 100% from the EU regulations and conventions. In other words, they voted in favour of cancelling the European integration process for the country.
After this, there are two options right now on the table; or maybe three. The first one is that the UK follows Norway's model and gets back to EFTA. In this way, it will have the opportunity to take advantage of the special deals that EFTA has with the Union but with slight changes of the current situation, since the UK has already opted out of the most federal regulations of the EU. This will make the EU weaker and may turn more states with opt-out intentions out of the Union. It will also mean that the European prospect of a country can now go backwards instead of forward.
The second scenario is that the UK stays neutral and does not join any Union or economic agreement. In this case, UK could negotiate deals with the European Union concerning every aspect of Economy, Finance, Trade and Banking regulations. This way, London will keep its position as the biggest finance and banking center in Europe, in comparison with the first scenario, that may harm the City's golden sterling crown. Dublin and Berlin and Frankfurt are so ready for the succession.
The third scenario is the worst for the UK and maybe the better of the bad scenarios for the EU. According to the International Law, Scotland has the undoubted right to conduct a new referendum on the stay in the UK issue with the new situation. If so, Scotland will have the opportunity to apply for EU membership as an independent state. The UK will lose significant rights on the exclusive economic area of the North Sea, making the pound sterling drop as the majority of the gas sources will be in the Scottish exclusive economic area.
The UK, or better England, Wales and Northern Ireland may try to outweigh the situation by making deals with their old friends, whom they have not been close with for a while - the Commonwealth countries. However, it is very unclear how Australia or New Zealand could develop strong economic ties with their past motherland. Things could be fine with the United (?) Kingdom but what comes next for the EU? Well, the EU may be harmed because for the first time in history a member state has left but it may be an opportunity for a more federal EU and a more federal Eurozone. Maybe there will be a centralized ministry of finance and economics to help the Eurozone tackle the continuous debt crisis of Greece and the imminent situation of Italy, Spain and Belgium.
In the best case scenario, the EU, or at least the Eurozone, will get a common budget - meaning there will be a common public debt. This way, the North and the South will get the whole Eurozone or the EU out of the standstill. However, do the people identify enough as Europeans to help each other or will Scotland leaving the UK create several instabilities and make the EU tear itself apart with increasing opt outs or even concrete leaves?
The European Union will either make it out of this referendum stronger or weaker. That is all we know, but what we do not know is to what extent will the consequences of the result affect everybody's life. There is a strong possibility that Dublin and Berlin will absorb all the finance and industrial power and investments of London and that the EU will be the next economic tiger of the world. In this case, all the members will benefit from a common budget and a common fast growing European single market.
Karsten Lucke Karsten is German, originally from the city of Kiel at the Baltic Sea, not far from the German-Danish border.


Lorne Covington demonstrates how to manipulate media.
A fun, hands-on seminar sponsored by the Newhouse School will explore how gesture interfaces, wearable computing and remote media devices are converging to create a sea change in how we will send and receive information in the near future. The event, which will be held on Tuesday, Oct. 29, at 6 p.m. in the Joyce Hergenhan Auditorium in Newhouse 3, is free and open to the SU community.
Newhouse faculty members Dan Pacheco, the Peter A. Horvitz Endowed Chair in Journalism Innovation, and William Ward, social media professor, will discuss the ways Newhouse students are using Google Glass to create first-person video stories and conceptualize social media apps.
Lorne Covington, a response environment digital artist with Noirflux, will conduct demonstrations on how to manipulate media using the hands and entire body as the user interface.
The event is part of the Newhouse School's Digital Edge Seminar Series and sponsored by Journovation Central; Newhouse Professor Frank Biocca, director of the school's M.I.N.D. Lab; and the Newhouse Global Leaders in Digital & Social Media Speaker Series. For more information, contact Pacheco at 315-443-9811 or drpacheco@syr.edu.


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Police: Smyrna man tries, fails to rob two stores
Would-be robber captured by liquor store clerk
Police: Smyrna man tries, fails to rob two stores Would-be robber captured by liquor store clerk Check out this story on delawareonline.com: http://delonline.us/2hBcTAK
Scott Goss, The News Journal Published 6:22 p.m. ET Dec. 30, 2016 | Updated 6:55 p.m. ET Dec. 30, 2016
Phillip Hardin is facing a slew of criminal charges after attempting to rob a gas station and a liquor store in the Smyrna area on Dec. 29, police said.(Photo: DELAWARE STATE POLICE)
A would-be robber on a spree in Smyrna was stopped Thursday night by a pair of liquor store employees.
Smyrna resident Phillip Hardin, 25, tried – and failed – to hold up two stores before his crime binge came to an end, police said.
He first tried to rob a Valero gas station at the southwest corner of U.S. Route 13 and Joe Goldsborough Road about 9:15 p.m., Delaware State Police spokesman Master Cpl. Jeffrey Hale said.
Hardin was wearing a mask when he approached the sales counter and told the female clerk he was robbing the business. Rather than turn over any cash, the woman ran to the rear of the gas station and Hardin left empty-handed, he said.
Troopers were still investigating that attempted robbery when Hardin reportedly attempted to strike again at Reba's Liquors about a mile south at 111 Glenwood Ave.
This time, Hardin was wearing a mask and armed with a folding knife when he demanded money from a clerk just before 9:30 p.m., Smyrna Police Department spokesman Cpl. Brian Donner said.
Hardin attempted to take a bag of money, leading to a scuffle with the clerk and another employee, Donner said.
At some point during the melee, the employees triggered a holdup alarm and responding officers were able to take Hardin into custody.
The would-be robber reportedly later was found to be in possession of unidentified illegal prescription narcotics.
Hardin is charged with attempted robbery, robbery, two counts of wearing a disguise during the commission of a felony, aggravated menacing, two counts of offensive touching and possession of a controlled substance without a prescription.
He was being held at the Vaughn Correctional Institution near Smyrna on a combined $38,200 in secured bond, police said.
Contact reporter Scott Goss at (302) 324-2281, sgoss@delawareonline.com or on Twitter @ScottGossDel.
Read or Share this story: http://delonline.us/2hBcTAK


text:
Songwriting Magazine
A magazine dedicated to the art and craft of successful songwriting.
'HOW I WROTE' BOOK
Interview: Shakin' Stevens
31 August, 2016 in Features, Interviews
Shakin' Stevens: "Everybody's got secrets in their family"
We catch up with an 80s megastar who's looked back at his family history to find his own musical roots
Being reminded of the achievements of Shakin' Stevens (Shaky to his friends) is quite an astonishing thing. His run of hits in the 80s makes the rock and roll revivalist one of this country's most successful musicians – in fact, according to a 2012 list by Official Charts Company, it made him the UK's 25th most successful singles artist, sandwiched between U2 and Britney Spears. His four No 1 hits include the festive juggernaut Merry Christmas Everyone and the self-penned hit Oh Julie.
Stevens was no overnight success. Born Michael Barratt, the Welsh singer adopted his stage name in 1968 while fronting the band Shakin' Stevens And The Sunsets. The group toured constantly and released five albums in the early 70s before Stevens departed for the West End, where the title role in the musical Elvis! awaited. The exposure it earned him was the touchpaper needed to ignite his solo career, and the rest was 'quiff-story'.
After a relatively quiet few years, Shaky has returned with a new album and a new sound. Heavily influenced by his family history, Echoes Of Our Times is a bluesy and rootsy record addressing the plight of the Cornish copper miners, those who gave their lives fighting for their county and a secret family feud.
Keen to uncover a little more about the album, we gave the great man a call…
Where did the idea to write such a personal album come from?
"I started recording an album in a rootsy style and I then began to think about my family. I didn't know anything about them. When I was growing up it was all 'seen and not heard' and 'speak when you're spoken to.' There was also a feud in the family which was all hush hush. That research went on continuously and we found that there were some stories with real depth in there."
And those stories then formed the songs on Echoes Of Our Times?
"Yes, for instance Down In The Hole is about my grandfather who was born in 1865. He was a copper miner at the age of 10. They had to go way down in the mine. It took an hour or so to get down there, they went down on ladders and did their work. The conditions were dreadful with poison air and no toilets and there were kids down there. When they finished their day, which was very long, they had to go back up these ladders and some of them were tired and they would fall. That's where the song came from and we thought 'it's family, it's close, why not do that?'
"That's basically how the album came about. I've been using this band for quite a long time when I'm out on tour and I've always had great musicians around me from the very early days, we've been using harmonica and mandolin for quite a while. It's quite a big band actually, there's trumpet and flute as well."
Did the other songs have similar origins?
"One went to another. Echoes Of Our Times was about my father and Leonard Venables, my mother's brother who was in the First World War – he lied about his age and got in as a gunner. He died on the 15 January 1918 and it took him eight days to die, and then his son was born eleven days later. Stories came like that really and so it went on.
"Behind Those Secret And Lies, I mean everybody's got secrets in their family and indeed that word 'lie' and so that's how that came about. We still don't know the full story, we've gone back as far as we can go because the family don't like to say. We got as much as we could really.
"The Fire In Her Blood, that came from my paternal grandmother who was a Salvationist. Her name was Florence Jessie and she was born in 1868 in the East End of London. She played squeeze box and was a very talented and giving lady, spiritual as well, and so we did one about that as well and so it went on."
Shaky: "Rock 'n' roll for me is just an umbrella with all other styles under it like blues, delta, rhythm 'n' blues and country rock"
How did you go about turning all that research into songs?
"Take Down In The Hole, which I've explained, it was basically researching further with my family in Cornwall. The conditions of how they lived actually came in to the lyrics. It's a very dark story as some of them didn't live beyond 25. So the music was purposefully very dark and had that kind of riff in it. I could hear harmonica in it and the guy who played it is a fantastic player and it all came together."
What has the early reaction been like?
"People were surprised I guess, I don't think they realised it was me, which was a great thing as it's a move-on stage. It's the right thing to do I believe. I've already moved on in concert. I do some of the hits still but once upon a time I did 50 minutes of hits. If I do a track like Green Door now, we do it with a stand-up bass, snare drum and piano and I sing it differently. People have heard us do it and they say they liked the song when it came out but they like this version better."
Do you ever worry about the fans response to your new material?
"No, no, the fans that have heard this love it, there's no doubt about that they love it. It's a muso album too. There are fantastic things in there; great musicians and stories that people can relate to it. It's very close to me too because it's my family."
Do you feel like your audience have moved on with you?
"Yeah I guess so. The fans have been with me for a long time and they're pleased and I'm putting it out for another audience as well and it's good. My music has always been rootsy. Rock 'n' roll for me is just an umbrella with all other styles under it like blues, delta, rhythm 'n' blues and country rock. Even on some of my early albums there's country and rhythm 'n' blues on there. But I think with this I've gone right back to the roots I guess."
What do you think are the ingredients of a good song?
"For me it's a beginning a middle and an end. I like riffs and I like hooks. Words are very important. I like a good catchy tune as well as lyrics, but I think when there's a story in there that people can relate to it becomes part of them. People will hear Behind Those Secrets And Lies and will be thinking about their own family. It's a personal album to share with a lot of people and they'll definitely relate to it."
Were you listening to anything in particular that helped influence the sound of the record?
"Not really, I've got a vast collection of stuff anyway. I've got lots of blues, rhythm 'n' blues, bits of Cajun as well and slide guitar. A mixture of all kinds of stuff. I love listening to records. Everybody's been taking a bit from each other for decades, even going back to the early blues records, but it's more like reinventing really. With covers as well, I think that's a healthy thing because you're reinventing it for another generation.
"It's like what The Moody Blues did with Go Now. I don't think the writers names were even on the labels then, so I believed it was The Moody Blues and that was that. It was a great record but later on in life I found out it was done by an American lady. The Moody Blues introduced it to another generation, so I think that's great."
You had your own huge success with cover versions but did it mean more when Oh Julie went to No 1, because you'd written it yourself?
"We all strive for a No 1 in the charts and to get one is a great achievement, especially back then. It's great anyway but to do it with a song that you've written yourself is a good feeling, a very good feeling. There was no depth to Oh Julie lyrically but it was a catchy little tune. It's one of those things, it was released and it went to No 1 and it was also covered by Barry Manilow."
Shakin' Stevens: "The 80s was such a heady thing but I carried on touring"
Do you have any particular highlights from that period?
"I did this track called Teardrops in the early days and it had a similar sound to Sleep Walk by Santo & Johnny, especially the solo. I thought that Hank Marvin from The Shadows would be great on it and I was doing this quiz show and he happened to be on the panel. Sometimes that's how things work. I just casually asked if he'd play on the record and he said he'd love to. It was right up his street anyway, so I went down to his studio and he put the guitar on it. That didn't get to No 1, it got to No 5, but to actually have Hank Marvin on it was a great thrill for me."
You also worked with Albert Lee, did that come about in a similar way?
"Albert Lee was on my first album with CBS and he played on the entire album. He was on my first UK hit as well, Hot Dog. It was a Corky Jones song, but we all know him by the name "Buck" Owens. The story goes that he heard the version of the song that I did and started doing my version, which is a great compliment really. We pushed up the kick in the track so it was very loud, in those days to have the bass drum up that loud was very unusual. We also had B.J. Cole on steel guitar, he's second to none and has played with loads of people and he did that whole album with me."
Are there any particular musicians you'd still like to work with?
"If I put my thinking cap on I'm sure there is, but there is another old one that comes to mind. I was out in Nashville doing some tracks. I co-wrote a song called How Could It Be Like That which had a swampy feel to it. I said to the producer 'I tell you who'd be great on this, Tony Joe White' and so he rang his number and Tony answered the phone and said 'oh yeah, Shakin' Stevens' and he came down to the studio. He turned up in his pickup truck with his golf bag in the back and came out with his cowboy boots on and walked in. Honestly it was all mouths open. He heard the track and he loved it and it was a fabulous moment. We exchanged anecdotes because he wrote as well – Rainy Night In Georgia, Polk Salad Annie and also Steamy Windows – so a great writer and a gentleman. That was fantastic and he fitted the song great and it's on the Now Listen album."
Before Now Listen you hadn't released an album for a while, were you still writing during that time?
"In 1992 I had The Epic Years out, that was a hits album and on there was actually a song Radio which was co-written by Bob Heatlie, who wrote Merry Christmas Everyone, and Gordon Campbell, who wrote Because I Love You, two great Scottish writers. Roger Taylor played drums on it and I was knocked out by the track. At that time I was out of contract and I'd broken up with management as well. I thought we'd gone as far as we could go from where we started to the end of the decade.
"The 80s was such a heady thing but I carried on touring and did a lot of gigs on the continent. I did a 2005 tour and I was writing and recording again at that time. We went out to Germany and I met up with the A&R guy who first signed me for CBS. We played him the tracks and he loved them and so it was all systems go but just as everything was ready he left and a new guy came in who said 'I didn't sign you, we can still put this out but we're not going to do anything to help', so we didn't release it and I ended up using a lot of those tracks on the Now Listen album."
Bringing it back to now and these very different times in the music industry, how do you feel ahead of the release of Echoes Of Our Time?
"It really was a different time. There wasn't a lot of TV when I started. You only had a few kids shows, The Chart Show on Saturday morning and Top Of The Pops, which you had a chance of doing if you got inside the Top 40. Apart from that, there wasn't a lot around really. Different times, record sales were bigger, I think for a single it was 250k physical sales and 500k for a gold, so totally different. But there are new opportunities to reach people now, especially on the internet.
"We're doing this album ourselves. We've got a great team around us and we're very pleased with them. We're very proud of the album and I can't wait for it to get out. It's very personal."
Interview: Duncan Haskell
Shakin' Stevens' new album Echoes Of Our Time is out 16 September. To find out more about the release and Shaky himself, go to shakinstevens.com
Interview: Chris Gantry
'Robert Cray & Hi Rhythm' by Robert Cray (Album)
50 years of Christmas No 1's
Interview: Jonathan Jackson
Sodajerker presents… Mike Scott
Interview: Kye Fleming
Tags: Albert Lee, B.J. Cole, Barry Manilow, Bob Heatlie, Buck Owens, CBS, Corky Jones, Elvis, Gordon Campbell, Hank Marvin, Michael Barratt, Santo & Johnny, Shakin' Stevens, Shakin' Stevens And The Sunsets, Shaky, The Moody Blues, The Shadows, Tony Joe White
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One thought on "Interview: Shakin' Stevens"
Ewa W. says:
2 September 2016 at 8:49 pm
Interesing and instructive interview.Respect and admiration for You Shakin.Than you for the new album is fantastic.Greetings.
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Different Colors on Different Soils–by L. James Gibson
Corl, A. Ke bi, C Lke et al. The genetic basis of adaptation following plastic changes in coloration in a novel environment. Current Biology 28(18):2970-2977.
Variation in color of side-blotched lizards. (Left) A dark side-blotched lizard from Joshua Tree National Park, California; Photo: Greg Schechter, CCbySA2.0; (Center) A reddish side-blotched lizard from Capitol Reef National Park, Utah, Photo: browbrooks, CCbySA2.0; (Right) A pale side-blotched lizard from San Antonio, New Mexico, Photo: Greg Schechter, CCbySA2.0.
Summary. Side-blotched lizards (Uta stansburiana) living on a lava flow in eastern California have increased pigmentation that matches well with the black lava. Genetic studies found that two genes, PREP and PRKARIA showed strong genetic differences between the lava population and the lizards in the surrounding desert. These two genes are known to be regulators of melanin production, and are linked to the darker pigmentation of the lava-dwelling lizards. Variability in coloration promotes the ability of the lizards to adapt to environments with different background colors. Natural selection then favored individuals with darker pigmentation so that the population now blends well with the black lava on which they live.
Comment. Animals commonly vary in color in different habitats. This is an interesting example because the study identifies the probable genetic basis of the color change. This kind of variation appears to be part of the design given to animals to enable them to disperse and adapt throughout the world after the Flood.
Is There Design in Nature?–by L. James Gibson
Can we detect design in nature? What kind of arguments have been used to make the design inference?
Stability of Organic Molecules: Lessons from Vitamin C–by Ryan T. Hayes
Preservation of Dinosaur Soft Tissue: An Update–by Ronny Nalin
DNA and Design–by Timothy G. Standish
Is There Biological Evidence of Life's Recent Creation?–by Timothy G. Standish
A Creationist View of Chromosome Banding and Evolution–by L. James Gibson
Staining of chromosomes reveals a pattern of banding that may be used for comparisons of different species. Similar species typically have similar banding patterns, although there are exceptions. Banding patterns may be interpreted as hypotheses of relationship but are not, in themselves, sufficient to settle such questions. Published in Origins v. 13, n. 1.
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Darwin's Black Box
Michael J. Behe. 2016. Free Press; 2nd edition. ISBN-13: 978-0743290319
Douglas Axe. 2016. HarperOne. IBSN-13: 978-006234958-3
Genetic Entropy
John C. Sanford. 2014. FMS Publications; 4th edition. ISBN-13: 978-0981631608
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Jonathan Wells. 2011. Discovery Institute Press. ISBN-13: 978-1936599004
Signature in the Cell
Stephen C. Meyer. 2010. HarperOne. ISBN-13: 978-0061472794
The Edge of Evolution
Michael J. Behe. 2007. The Free Press. ISBN-13: 978-0743296205


Kelly Ogden has always wanted to be a mermaid.
Being suited to both land and sea has been a theme in Kelly's life, and has been woven into the imagery and songwriting on the Dollyrots' new album, Whiplash Splash. Being half human and half fish seems a fitting metaphor for the way the band now splits their time between downtown Los Angeles and coastal Florida, or how they manage to balance touring life on the road with parenthood at home.
Whiplash Splash is the Dollyrots' sixth studio LP, and their first since 2014's Barefoot and Pregnant. And after touring with their rat Sniffy, their dog Quito, and their son River, it also marks the addition of their new daughter Daisy to their entourage.
The result is an album that's focused, sharp, and completely fan-funded. During their 16-year career, the Dollyrots have released albums on labels like Blackheart and Lookout!, but have successfully crowdfunded their last few releases thanks to their loyal (and generous) fans. Whiplash Splash marks the band's follow-up to unlikely diy debuts in the Top 15 of Billboard's Heatseeker's Chart and the band's fifth collaboration with longtime producer & friend John Fields, known for his work with All Time Low, Jimmy Eat World, Busted, and so many others.
The Dollyrots plan to tour in support of the album while River and Daisy are still portable in kid car seats, but their days of traveling in a crusty van and waking up hungover on random people's floors are behind them.
"The album art shows a mermaid alone, isolated, and watching her city glow beneath bomb fire. The conflict between musician life & motherhood can be difficult to blend sometimes; there aren't a lot of women I know who are living this same split lifestyle," Kelly explains.
"But mermaids are also a symbol of transformation and growth. And that's always something to be excited and a little scared of. But we don't have time to be afraid anymore."
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OUR BLOCKCHAIN PRACTICE
Keyword: anti-money laundering
In Case You Needed A Reminder – AML/CFT Regulations Apply to Transactions in Cryptocurrencies
Christine Hanley
Earlier this month, the leaders of the U.S. Commodity Futures Trading Commission, the Financial Crimes Enforcement Network, and the U.S. Securities and Exchange Commission released a joint statement reminding individuals engaged in transactions involving digital assets of their obligations under the Bank Secrecy Act (BSA) to guard against money laundering and counter the financing of terrorism.
Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) regulations apply to all entities that the BSA defines as "financial institutions," including futures commission merchants and introducing brokers obligated to register with the CFTC, money services businesses as defined by FinCEN, and broker-dealers and mutual funds obligated to register with the SEC. To comply with AML/CFT regulations, financial institutions are required to, among other things, implement anti-money laundering programs and comply with recording keeping and reporting requirements, including suspicious activity reporting (SAR) requirements.
The joint statement emphasized that AML/CFT regulations apply to financial institutions engaged in activities involving "digital assets," including instruments that may qualify under applicable U.S. laws as securities, commodities, and security- or commodity-based instruments such as futures or swaps. Because digital assets and financial transactions in digital assets are referred to by many names – including "cryptocurrencies," "digital tokens," "virtual assets" and "initial coin offerings" – the regulators issuing the joint statement reminded financial institutions that commonly used labels may not necessarily align with how an asset, activity or service is defined under the BSA or under laws and rules administered by the CFTC and the SEC. The nature of the digital asset, activity or service, including underlying "facts and circumstances" and the asset's "economic reality and use," determines how it is regulated under federal laws and regulations.
By reminding industry participants that the nature of a digital asset and the manner in which it is used – and not industry lingo – determines how the digital asset is regulated, the CFTC, FinCEN and the SEC signaled that they are adopting the same framework courts already use to determine how to classify other types of assets under the federal securities laws. The joint statement indicates that regulators are continuing to take steps toward applying existing federal securities laws and regulations to digital currencies.
Posted in Other Regulatory Issues (tax, anti-money laundering, OFAC, and antitrust) | Tagged AML/CFT, anti-money laundering, Bank Secrecy Act, CFTC, digital assets, SEC
The FCA Reclassifies Cryptoassets, But Is It Moving Away From Its Technology Neutral Approach?
Jacqui Hatfield and Rebecca Kellner
The Financial Conduct Authority (FCA) has released final guidance on cryptoassets in a policy statement that includes feedback from their January consultation paper. It is important to note that the policy statement is of a limited scope and focuses on whether different types of cryptoassets fall within the regulatory perimeter of the Financial Services and Markets Act 2000 (FSMA) and Electronic Money Regulations 2011 (EMRs). While the policy statement does touch upon the use of cryptoassets for payment services, prospectus requirements and anti-money laundering issues, it does not provide much new guidance on these areas.
In terms of whether cryptoassets fall within the regulatory perimeter, there is not much new or groundbreaking in the FCA's approach – which is a good thing. The guidance closely follows the FCA's views that it had set out in the consultation paper, and the FCA is aware that regulation outside its purview would require legislative changes. This being said, the guidance is useful in assisting token issuers and market players to classify whether the cryptoassets they deal with are subject to, or could potentially be subject to, the regulatory regime.
The guidance confirms that cryptoassets will fall within the regulatory regime, if they meet the definition of specified investments, under the FSMA (Regulated Activities) Order 2001 (RAO), the definition of transferable securities under the Markets in Financial Instruments Directive (MiFID) or the definition of e-money in the EMRs. The guidance notes that the most relevant specified investments for cryptoassets are:
Certificates representing certain securities
Rights and interests in investments
The guidance deviates from the consultation paper in classifying the different types of cryptoassets. The previous categories had been security tokens, which were regulated, and exchange tokens and utility tokens, which were unregulated unless they met the definition of e-money under the EMRs. The new categories are:
E-money tokens
Unregulated tokens
The definition of security tokens remains the same, that is, those tokens that meet the definition of specified investments under the RAO and fall within the regulatory perimeter. The previous categories of utility tokens and exchange tokens have been reclassified as e-money tokens, which are those tokens (either utility or exchange tokens) that meet the definition of e-money, and unregulated tokens which, as the name suggests, fall outside the regulatory sphere. This new approach is far clearer from a regulatory standpoint and acknowledges that utility and exchange tokens did not need to be classified separately when considering whether they were regulated.
Less obvious, and potentially more interesting, the policy statement also indicates a change from the FCA's previous technology-neutral approach. This is not spelled out, and we suspect the FCA would still claim to be technology-neutral; however, the guidance notes that the use of particular technology may raise operational issues unique to that technology and the FCA will consider this as part of its ongoing regulation.
The policy statement also notes the transposition of the 5th Anti-Money Laundering Directive (5AMLD) into UK law by January 2020, although separate guidance on this will be issued. The policy statement confirms that the UK's approach goes beyond that required by the 5AMLD with regards to cryptoassets, and the Government proposes to extend the Anti-Money Laundering regulations to all cryptoasset exchanges, cryptoasset transfers on behalf of another person and issuance of new cryptoassets, for example an ICO.
This shift towards a less technology-neutral approach is also shown in the FCA's recent consultation on banning contracts for difference (CFDs) and CFD-like products that reference cryptoassets to retail investors. This consultation comes on the heels of the FCA imposing restrictions on the sale of all CFDs and CFD-like products to retail investors. We would argue, and suspect a technology-neutral approach to support, that CFDs and CFD-like products that reference cryptoassets should be treated in the same way as CFDs and CFD-like products that reference other assets. Given that the ban which is being consulted on only targets those products that reference cryptoassets, is it possible that the FCA is moving away from its technology-neutral approach and towards specific cryptoasset regulation?
Posted in EU and Other Overseas Regulatory | Tagged anti-money laundering, cryptoassets, EMRs, FSMA, tokens
FinCEN's New Guidance for Cryptocurrency Businesses – Some Questions Answered, Some New Questions Raised, Careful Consideration a Must
Jonathan Lopez and Daniel Streim
Earlier this month, the Financial Crimes Enforcement Network (FinCEN) released new guidance to clarify when the Bank Secrecy Act (BSA) will apply to businesses that involve cryptocurrencies (what FinCEN refers to as convertible virtual currencies, or CVCs). The BSA imposes anti-money laundering obligations on various U.S. financial institutions, including "money services businesses" (MSBs). Under the BSA, businesses that transact in cryptocurrencies may qualify as money transmitters, a type of MSB. Whether a business qualifies is important. An MSB must register with FinCEN, implement anti-money laundering controls, and ensure ongoing compliance with recordkeeping and reporting requirements (potentially an expensive and burdensome exercise) – the consequences of failing do so can be severe. But determining which such businesses qualify has been difficult, leaving many in the crypto industry uncertain as to their regulatory status.
FinCEN previously sought to aid in this analysis when it issued guidance in 2013 on the application of the BSA to "persons administering, exchanging, or using virtual currencies." Although it provided some insight into how FinCEN viewed the cryptocurrency industry, that guidance seemed to raise as many questions as it answered. Various administrative rulings – in which FinCEN publicly advised certain businesses as to whether they were MSBs – helped to answer some of those questions. But those narrow rulings have been few and far between and can provide only limited guidance for a rapidly evolving industry. Through public statements, government officials have also sought to clarify how the BSA might apply to crypto businesses. In particular, a February 2018 letter from a senior Treasury Department official to Senator Ron Wyden suggested that almost all ICOs will constitute BSA-regulated money transmission.
FinCEN's new guidance "consolidates current FinCEN regulations, and related administrative rulings and guidance issued since 2011, and then applies these rules and interpretations to other common business models involving CVC engaging in the same underlying patterns of activity." In doing so it takes a step in the right direction, providing greater clarity as to FinCEN's interpretation of its own regulations (at least to the extent your business model is one of the many covered). For example, the guidance describes why the provider of a hosted wallet likely will be an MSB by virtue of its exercise of total independent control over a customer's cryptocurrency, whereas the provider of an unhosted wallet that vests the customer with total independent control likely will not. Similarly, the guidance explains that the operator of a trading platform that merely provides a forum where buyers and sellers can post bids and offers likely would not be an MSB, while the operator of a trading platform that additionally acts as an exchanger in consummating transactions between buyers and sellers likely would be. But gaps in FinCEN's analysis still linger, new questions are raised, and it remains to be seen how useful this guidance will be as technology continues to advance and new and creative business models get off the ground.
And although the guidance signals that FinCEN is thinking about how the federal anti-money laundering laws apply to the cryptocurrency community, it does not signal how aggressive FinCEN will be in enforcing those laws against businesses that deal with cryptocurrency. To date, there have been just a handful of enforcement actions in the industry, including a civil penalty assessed against a peer-to-peer exchanger in April, which we previously discussed. One thing certain is that, in assessing potential BSA enforcement actions, FinCEN will rely heavily on this new guidance and expect businesses dealing in cryptocurrency to do the same. Persons and entities operating in this industry should evaluate (or reevaluate) whether they qualify as an MSB because of crypto-related activities in light of this new guidance.
Posted in Other Regulatory Issues (tax, anti-money laundering, OFAC, and antitrust) | Tagged anti-money laundering, Bank Secrecy Act, cryptocurrencies, FinCEN, regulation
FinCEN Shows a Little Bite to Go with Its Bark
Last week, the Financial Crimes Enforcement Network (FinCEN) backed up its strong public statements about enforcing the anti-money laundering (AML) laws with respect to cryptocurrency by bringing an enforcement action against an individual for violating the Bank Secrecy Act (BSA).
FinCEN, a bureau within the U.S. Department of Treasury tasked with safeguarding the financial system from illicit use and combating money laundering, has not been shy about expressing interest in blockchain and cryptocurrency issues. In a recent speech, Director Kenneth A. Blanco explained that "FinCEN has been at the forefront of ensuring that companies doing business in virtual currency meet their AML/CFT obligations regardless of the manner in which they do business." He added that FinCEN "will continue to work with the SEC and CFTC to ensure compliance in this space and will not hesitate to take action when we see disregard for obligations under the BSA." But FinCEN enforcement actions involving cryptocurrency activities have been infrequent. Since its landmark action against Ripple Labs in 2015, FinCEN's only enforcement proceeding in this area was brought in 2017 against virtual currency exchanger BTC-e and its owner.
That changed last week when FinCEN assessed a civil penalty against Eric Powers, a "peer-to-peer exchanger" of virtual currency, for violations of the BSA. In agreeing to pay a $35,350 penalty, Powers admitted that he willfully violated the BSA by failing to (i) register as a money services business (MSB), (ii) implement written policies and procedures for ensuring BSA compliance, and (iii) report suspicious transactions and currency transactions.
The Powers action does not provide much insight into one of the more difficult questions a company whose business involves virtual currency faces: whether it qualifies as an MSB that is subject to the BSA. FinCEN guidance from 2013 indicates that the BSA generally will apply to "exchangers" and "administrators" of convertible virtual currencies. Unlike many virtual currency companies, Powers seems to have clearly fit within FinCEN's definition of an exchanger – through online postings he advertised his intention to purchase and sell bitcoin for others, and he completed purchases and sales by delivering or receiving currency in person, through the mail, or via wire transfer. But in establishing that the BSA applied to Powers, FinCEN leans heavily on the 2013 guidance. That guidance in many ways is imprecise or unclear and it continues to create uncertainty as blockchain technology and virtual currency business models continue to evolve. But the Powers assessment confirms that other entities operating in the cryptocurrency space nevertheless should continue to evaluate their BSA obligations through the lens of that guidance to the extent possible.
Unlike those assessed against Ripple and BTC-e, the financial penalty assessed against Powers was relatively small. This might be because Powers was a natural person (potentially with a lesser "ability to pay" than larger incorporated entities), conducted a fairly small-scale operation, and paid larger sums as part of an earlier civil forfeiture action brought by the Maryland U.S. Attorney. While those considerations warranted a lesser penalty in Powers's case, FinCEN very well could apply the same law, guidance, and reasoning underlying the assessment to more extensive cryptocurrency operations. Director Blanco's recent comments regarding FinCEN's priorities and this latest enforcement action suggest that FinCEN likely will do just that. In other words, we wouldn't be surprised if FinCEN brings more enforcement actions – levying more severe penalties – to enforce the BSA in the cryptocurrency industry. Persons and entities operating in this industry thus should focus on assessing their potential BSA obligations early and take affirmative steps to comply if required.
Posted in Other Regulatory Issues (tax, anti-money laundering, OFAC, and antitrust) | Tagged anti-money laundering, Bank Secrecy Act, cryptocurrency, FinCEN, U.S. Department of Treasury, virtual currency
Appellate Court – Selling Bitcoin in Florida Requires a Money Services Business License
Matthew Moses and Jonathan Lopez
Following a recent opinion by a Florida appellate court, virtual currency dealers who do business in, from, or into Florida – even individuals in the business of selling their own virtual currency for cash – may be required to obtain a "money services business" license from Florida's Office of Financial Regulation and maintain costly anti-money laundering programs in accordance with Florida and federal law or face criminal penalties.
On January 30, Florida's Third District Court of Appeal reinstated criminal charges against Florida resident Michell Espinoza for money laundering and "unlawfully engaging in the business of a money transmitter and/or payment instrument seller without being registered with the State of Florida." State v. Espinoza, No. 3D16-1860, slip op. (Fla. Dist. Ct. App. Jan. 30, 2019). The trial court had previously dismissed the charges against Espinoza, agreeing with his argument that selling Bitcoin does not qualify as "money transmitting" under Florida law because Bitcoin is not "money," among other reasons. State v. Espinoza, No. F14-2923 (Fl. Cir. Ct. July 22, 2016). The appellate court disagreed and determined that even a person in the business of selling his own Bitcoin for cash is a "money transmitter" and "payment instrument seller" under Florida law and is therefore required to be licensed as a "money services business."
The charges against Espinoza stem from a sting operation in 2013, in which undercover detectives contacted Espinoza through a Bitcoin exchange site, LocalBitcoins.com. Espinoza posted on that site that he would sell Bitcoins for cash through in-person transactions. Espinoza was not licensed or registered as a "money services business" with Florida or federal regulators. An undercover detective met Espinoza several times and paid him a total of $1500 cash for Bitcoin, earning Espinoza a profit. During those transactions, the undercover detective allegedly made clear his desire to remain anonymous and said he was involved in illicit activity. For example, the undercover detective allegedly told Espinoza that he needed the Bitcoin to buy stolen credit card numbers from Russians.
The Florida appellate court's determination that Bitcoins are "monetary value" and "payment instruments" under Florida law fits within a line of cases finding that Bitcoin qualifies as "money" for the purposes of money laundering and anti-money laundering laws. For example, in 2014 Judge Rakoff, a United States District Judge for the Southern District of New York, found that Bitcoin clearly qualifies as "money" or "funds" for the purposes of the federal money transmitter statute because "Bitcoin can be easily purchased in exchange for ordinary currency, acts as a denominator of value and is used to conduct financial transactions." United States v. Faiella, 39 F. Supp. 3d 544, 545 (S.D.N.Y. 2014) (citing SEC v. Shavers, 2013 WL 4028182, at *2 (E.D. Tex. Aug. 6, 2013)). Some states have also codified virtual currency into their anti-money laundering regulations. For example, after the trial court determined that Bitcoin was not a "monetary instrument" that could be laundered under Florida's money laundering statute, the Florida legislature amended the statutory definition of "monetary instruments" to explicitly include the term "virtual currency." Fla. Stat. § 896.101(2)(f) (2017). Other states, however, have taken a different approach. Pennsylvania's Department of Banking and Securities ("DoBS"), for example, recently published guidance that virtual currency, including Bitcoin, is not considered money under Pennsylvania law. "Money Transmitter Act Guidance for Virtual Currency Businesses," Pennsylvania Department of Banking and Securities (Jan. 23, 2019).
The Florida appellate court found that Espinoza was operating as a "money transmitter" and therefore was a "money services business," simply by engaging in the business of selling his own Bitcoin for cash and not otherwise acting as a middleman between parties. The trial court had applied the more common and narrow understanding that a "money transmitter" operates "like a middleman in a financial transaction, much like how Western Union accepts money from person A, and at the direction of person A, transmits it to person or entity B," as explained by the appellate court.
To reach its conclusion, the Florida appellate court looked to the text of Florida's money services business statute – which the court believes is critically different from federal regulations. Under both federal and Florida state law, a "money services business" is defined to include a "money transmitter." Compare 31 C.F.R. § 1010.100(ff) with Fla. Stat. § 560.103(22). According to the Florida appellate court, the federal definition of "money transmitter" includes a third-party requirement. Under federal regulations, a "money transmitter" means a person engaged in the "acceptance of currency, funds or other value that substitutes currency from one person and the transmission of currency, funds, or other value that substitutes for currency to another location or person by any means." 31 C.F.R. § 1010.100(ff)(5(i)(A) (emphasis added). In comparison, the Florida statute defines a "money transmitter" as an entity "which receives currency, monetary value, or payment instruments for the purpose of transmitting the same by any means." Fla. Stat. § 560.103(23). The Florida appellate court found that, in contrast to the federal regulations, the Florida statute's "plain language clearly contains no third party transmission requirement in order for an individual's conduct to fall under the 'money transmitter' definition" and, as such "decline[d] to add any third party or 'middleman' requirement."
The appellate court's interpretation of the text of Florida's statute is disputable. From a statutory interpretation perspective, the middleman requirement is arguably inherent in the plain meaning of the word "transmit," which is defined by Merriam-Webster as "to send or convey from one person or place to another." (Notably, Pennsylvania's DoBS recently issued guidance interpreting the word "transmitting" in a comparable state statute to include a third-party requirement. See "Money Transmitter Act Guidance for Virtual Currency Businesses," Pennsylvania DoBS (Jan. 23, 2019) (interpreting statute that "[n]o person shall engage in the business of transmitting money by means of a transmittal instrument for a fee or other consideration with or on behalf of an individual without first having obtained a license from the [DoBS]" to impose a third-party requirement).) It would, therefore, be reasonable to interpret Florida's statute as consistent with federal regulations. Moreover, the Florida appellate court's interpretation of the statute could have broad and troubling consequences. Although dicta in the Florida appellate court's decision make it seem like the court is making a distinction between "merely selling [one's] own personal bitcoins" and "marketing a business," the court's statutory interpretation leaves open the possibility that the mere act of selling one's own property – without registering as a "money services business" – could be a crime.
While we watch to see whether Espinoza will appeal this decision to the Florida Supreme Court, virtual currency dealers should be aware that selling virtual currency in, from or into Florida may require a money services business license and the maintenance of an anti-money laundering program.
Posted in Litigation | Tagged anti-money laundering, bitcoin, cryptocurrency, litigation, U.S. law, virtual currency
FCA Proposes Guidance on Cryptoassets, but Questions Remain
In January, the UK's Financial Conduct Authority (FCA) released a consultation on potential guidance on cryptoassets that provides useful direction on how cryptoassets fall within the current regulatory regime. This consultation, one of the publications resulting from the Cryptoasset Taskforce's October 2018 final report, does not drastically alter the current regulatory landscape, but rather provides clarity on the FCA's current regulatory perimeter. The consultation also references a consultation by Her Majesty's Treasury (HMT) that is expected in early 2019, which will explore legislative changes and potentially broaden the FCA's regulatory remit on cryptoassets.
The FCA consultation on guidance asks for responses to the questions it poses by April 2019. The FCA does not intend to publish its final guidance until this summer; the guidance noted in this consultation paper is subject to change and should not be considered the FCA's definitive position. However, subject to the feedback that is received, the consultation gives a good indication of the FCA's thinking with regards to the regulation and classification of cryptoassets. Some of the points highlighted in the consultation are discussed below.
Exchange Tokens / Anti-Money Laundering
The FCA has confirmed that exchange tokens, such as Bitcoin, Litecoin or Ether, do not fall within the regulatory perimeter. This had already been expressed in the Cryptoasset Taskforce's report, but it is useful to have it repeated here.
However, exchange tokens will be caught (along with other cryptoassets) by the 5th Anti-Money Laundering Directive (5AMLD), which will be transposed into UK law by the end of 2019. HMT will formally consult on this, but the FCA expects that 5AMLD will catch exchange between cryptoassets and fiat currencies or other cryptoassets, transfer of cryptoassets, safekeeping or administration of cryptoassets and provision of financial services related to an issuer's offer and/or sale of cryptoassets. Being caught by the 5AMLD does not, by itself, mean the cryptoasset will be subject to FCA regulation.
The FCA's discussion on the classification of security tokens is arguably the most anticipated part of its guidance on cryptoassets. The discussion makes clear that cryptoassets that fall within the definition of a security will be treated as such. However, given that cryptoassets can provide a range of rights and other characteristics, it can be difficult to determine whether they do fall within such definition. While noting that it can be difficult to categorize tokens, the guidance describes the most relevant traditional forms of specified investments that security tokens may fall into. The guidance also notes that products that derive their value from or reference cryptoassets, such as options, futures, contracts for difference and exchange-traded notes, are likely to fall within the regulatory perimeter, even if the underlying cryptoasset does not.
The FCA states in its guidance that tokens that are issued in exchange for other cryptoassets, and not for fiat currency, will not necessarily be exempt from the regulatory regime if they are considered security tokens.
Issuing of one's own security tokens does not require the issuing company to have a regulatory licence, in the same way that issuing one's own shares does not require a licence. However, authorization must be obtained by any exchanges in which the tokens are traded, advisers and brokers, and the financial promotions regime will need to be complied with.
Shares / Debt instruments
According to the consultation, if a cryptoasset has the features of a share then it will be considered a specified investment and certain activities involving it will require authorization or exemption. In determining whether a cryptoasset is classed as a share, the FCA has noted that a separate legal personality, and a body which survives a change of member, are significant but not determinative factors in classifying the cryptoasset. Other factors include whether the cryptoasset provides voting rights, control, ownership, access to a dividend based on the performance of the company or rights to distribution of capital on liquidation. Interestingly, the FCA has noted that the definition is dependent on company and corporate law.
There is a trend for token offerings to be packaged as "security token offerings" and promoted in accordance with security requirements, as ICOs are no longer attractive to investors. However, many of these "security token offerings" do not give equity rights. Calling a token a "security token" will not change the nature of the token itself. The FCA has not been clear on this subject, but arguably a security token that does not meet the company law and corporate law definition of a share can be treated as a utility token and not require the trading platform, broker or advisers to be licensed.
A cryptoasset that represents money owed to the token holder will be considered a debt instrument, and therefore will be considered a security token.
If the cryptoasset is considered a share or debt instrument, and is capable of being traded on the capital market, it will be considered a transferable security under the Markets in Financial Instruments Directive (MiFID), and the MiFID regime will apply. As with traditional securities, this does not require the security to be listed. If the cryptoasset is able to be transferred from one person to another in such a way that the transferee will acquire good legal title, it is likely a transferable security. It is important to note that a cryptoasset may be considered a share under the UK law, but not a transferable security under MiFID.
Warrants, certificates representing certain securities and rights and interests in investments
Warrants may be issued as cryptoassets in situations where an issuing entity issues A tokens, which will provide the token holder the right to subscribe for B tokens at a later date. If the B tokens represent shares or debentures (or other specified investments), then the A tokens will be considered warrants and therefore specified investments. It is important to note that for the A tokens to be warrants, the B tokens will need to be new cryptoassets issued by the issuing entity. If the A tokens provide a right to purchase B tokens from a secondary market, the A tokens will not be considered warrants.
Similarly, A tokens that provide the token holder with a contractual or property right over other investments (either in cryptoasset or traditional form) will be considered certificates representing certain securities. Cryptoassets which represent a right to or interests in other specified investments are also classified as securities.
Units in collective investment schemes
Certain cryptoassets may be considered units in a collective investment scheme, notably tokens that allow investors to invest in assets such as art or property. Provided the investments in the cryptoassets are pooled, and the income or profits that the cryptoasset holders receive are also pooled, it will likely be considered a unit in a collective investment scheme. Importantly, if the token holders have day-to-day control of the management of the investment, it will fall outside this definition.
Utility Tokens
Tokens that represent rewards, such as reward-based crowdfunding, or the access to certain services, will be considered utility tokens. Utility tokens do not have the features of securities, and therefore fall outside the regulatory perimeter. The FCA has noted that the ability to trade utility tokens on the secondary market will not affect the classification of the token – even though this may mean individuals purchase these as investments.
Payment Services and Electronic Money
The guidance confirms that the use of cryptoassets is not covered by the payment services, unless the cryptoasset is considered electronic money. However, where cryptoassets act as a vehicle for money remittance (i.e. the transfer of money from one account to another, perhaps with a currency exchange) then the fiat sides of the exchange will be caught by the payment services regulations.
While cryptoassets do not fall within the payment services regime, they may fall within the e-money one. To the extent that the cryptoasset is issued on receipt of funds (i.e. fiat currency, not other cryptoassets) and the cryptoasset is accepted by a person other than the electronic money issuer, it may be considered electronic money (unless it is excluded). This would include cryptoassets that are issued on receipt of GBP and are pegged to that currency, as long as the cryptoasset is accepted by a third party. Therefore, stablecoins that meet the definitions set out above may fall within the definition of electronic money.
Issues Outstanding
None of the guidance's declarations is new, but the guidance does provide useful clarification. What is not clear is how utility or payment tokens wrapped in a security token wrapper but not containing traditional security/equity rights will be treated. In our view, if the token is a utility token dressed in a security token wrapper, it should not necessarily be treated as a security, for UK regulatory purposes including requiring an authorized multilateral trading facility (MTF) to carry out secondary trading. The FCA says nothing here conflicting with this, but it would be useful to have clarity in this regard.
Posted in EU and Other Overseas Regulatory | Tagged anti-money laundering, bitcoin, cryptocurrency, digital tokens, FCA, securities, UK law, virtual currency
Virtual Currencies Fall Within Scope of EU's Fifth Anti-Money Laundering Directive
Jaak Poldma and Rebecca Dipple
The fifth iteration of the Anti-Money Laundering Directive (MLD5) took effect in July 2018. In addition to several updates covering a wide range of anti-money laundering objectives, MLD5 extends its coverage to include certain cryptocurrency service providers.
Learn more about the updates under MLD5, including further details regarding the inclusion of cryptocurrencies within the scope of EU anti-money laundering and terrorist financing regulations, in this recent alert.
Posted in EU and Other Overseas Regulatory | Tagged anti-money laundering, cryptocurrency, EU law, MLD5, UK law, virtual currency
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1971 Mercedes-Benz 280SE 3.5 V8 Cabriolet
Model: 280SE 3.5 V8 Cabriolet
Body: Convertible
Engine Size: 3.5L V8
VIN: 11102712001042
Ext Color: Brown
Int Color: Other Color
West Coast Classics are proud to present a beautiful example of this 1971 Mercedes-Benz 280SE 3.5 Cabriolet with reported to have 83K original miles and to be a long time California car recently acquired from a southern California collector/owner and loaded with factory options including very rare and desirable factory BEHR air conditioning, single seats, power steering, power windows, power disc brakes, outside rear view mirror & factory 'Becker Europa' radio. The recipient of a beautiful original factory color repaint with no expense spared some 4 years ago in it's original 'Tobacco Brown' factory color paint and boasting a new factory correct matching 'Dark Brown' soft top and leather tonneau cover with a very striking 'Light Ivory' color ROSER leather interior and obviously always stored in climate controlled garages since new with a remarkably well preserved original undercarriage and trunk.
It should come as no surprise that both the 3.5 Coupe & Cabriolet was in an exclusive territory of only those who could afford the very best, and who were indeed fortunate if they could even obtain one of these rare imports from their local Mercedes Benz dealer, such was the exclusivity and demand of these amazing motorcars. Hand built with generously applied chrome fittings, combined with the finest natural materials available, provide an unmatched ambiance of luxury and wealth in its lavishly appointed interior, with fine ROSER leather, exquisite 'Rosewood' burl wood; the standard of craftsmanship apparent everywhere on this car is nothing short of astonishing in these hand-built Mercedes luxury cars. This particular car still boasts it's mostly all original interior including original 'Becker Europa' radio and striking burlwood and also boasts original factory air conditioning and power windows!
The 280 SE 3.5 coupes and cabriolets were Mercedes-Benz' first V-8 powered sports cars. The combination of superb performance and elegant styling makes the 3.5 one of the most collectible and desirable car's in the world amongst classic car collectors and this is obviously especially true for Mercedes-Benz enthusiasts. With the same basic body as the 280 SE six cylinder, the eight cylinder offered a new interior which featured more wood and leather upholstery as standard. This was a low production car for its day with only 4,502 units produced (3,270 coupes and 1,232 cabriolets) during its only two years of production (11/1969-7/1971).
The car had been built in 1971, the final year of only a three year production run, and dispatched from the factory in Stuttgart in 1971. The original factory 'Tobacco Brown' factory color repaint is in exceptionally fine condition and includes the rare and highly desirable factory options including the original steering wheel, original reupholstered leather seats, original center console, original 'Becker Europa' radio, low grille, original tools, jack and owner's manuals and original factory BEHR air conditioning.
The 280SE 3.5 W111 model. was built for a period of less than two years, from November 1969 to July 1971 with very few models being sold in the U.S and carrying a whopping MSRP of $14,509.00 for a coupe, obviously even more for a Cabriolet, some forty-five years ago! Squarely placed in Rolls Royce Corniche territory, those who could afford the best were fortunate if they could even obtain a 3.5 from their local Mercedes Benz dealer, such was the exclusivity and demand of this amazing motorcar. Generously applied chrome fittings, combined with the finest natural materials available, provide an unmatched ambiance of luxury and wealth in its lavishly appointed interior, where fine ROSER leather, exquisite burl wood and chrome plated fittings abound, the standard of craftsmanship apparent everywhere on this car is nothing short of astonishing. The cost of restoration of one of these hand-built Mercedes has become almost prohibitively expensive.
In 1969, the 3.5-liter power plant introduced the engine of tomorrow for Mercedes. Highly advanced, Mercedes' first V-8 featured overhead camshafts, electronic fuel injection, and transistorized ignition. Output was rated at 200 DIN horsepower, good for a top speed of 127 mph and 0-60 times of 8.9 seconds!
This car must be seen and driven to be fully appreciated - the engine is extremely strong and responsive and the transmission shifts smoothly through all the gears and the engine temperature always remains cool.
In summary, this is one very fine example of the internationally known and highly collectible and legendary Mercedes-Benz 280SE 3.5 V8 Cabriolets. A long time California car and restored only as required over the years by obviously careful and conscientious owners . Understood to have come 83K original miles, 1 of only 1,232 ever built, you will look long and hard to find a finer example anywhere else.
Hi, I would like more information about: [Stock No: 1042] 1971 Mercedes-Benz 280SE 3.5 V8 Cabriolet