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TRENDING: Greg Bufithis on The Panama Papers, Ediscovery and Murder in the Afternoon

Added on the 19th Oct 2017 at 10:46 am
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Daphne Caruana Galizia died on Monday afternoon when her car, a Peugeot 108, was destroyed by a powerful Semtex-driven explosive device which blew the vehicle and her body into several pieces and threw the debris across a nearby field.

My wife is Maltese and she was a close family friend. I have known her work for years.

Daphne was a fearless reporter, taking on the rich and the powerful. She was very well known among journalists (the Guardian had once called her a “one-woman WikiLeaks”. She led the Panama Papers investigation into corruption in Malta. Her most recent revelations pointed the finger at Malta’s prime minister, Joseph Muscat, and two of his closest aides, connecting offshore companies linked to the three men with the sale of Maltese passports and hundreds of thousands of euros in payments from the government of Azerbaijan, plus many other nefarious deeds such as sweetheart real estate deals for the Russian oligarchs who have decamped to Malta – opening their own banks. And yet, despite a judicial inquiry into all of these allegations, Muscat won a snap election this past summer.

She had a blog that attracted more readers than the combined circulation of the country’s 4 newspapers. She was a thorn in the side of both the establishment and the underworld figures that hold sway in Malta, Europe’s smallest member state.

NOTE: many of my readers know Malta and/or have visited, knowing it only as “a charming popular holiday destination”. Park that. Malta is witnessing an unconscionable level of corruption and malfeasance by a government whose actions are causing irreparable economic and social harm. Much like Herr Trump in America. But the execution of Daphne Caruana Galizia … it was an execution … I lay this at the feet of the Prime Minister and his corruption and the ambient violence that trails his entourage. As one writer in the Times of Malta put it “this was a clinical act of elimination which required logistics and money”. As an attorney, I have spent enough time on the dark side to know the hallmarks of organized crime which more often than not operates on different planes.

She was the 10th journalist worldwide to be murdered this year – and the second in Europe – in pursuit of finding the truth. The assassination of an investigative journalist, one who had unearthed serious allegations of money laundering and corruption in Malta, speaks volumes about the threat to freedom of speech in that country and the atmosphere of impunity and violence that has taken hold.

What is striking about Daphne’s reporting is how rotten the state of Malta appears. The EU’s smallest country, with a population of around 420,000, Malta held the rotating European Union presidency until earlier this year. It has been labelled an EU “pirate tax haven”, helping multinationals avoid paying €14bn. But the darker side is the 15 mafia-style shootings and bombings that have punctuated its last decade. Its main industries have been infiltrated by crime gangs. Earlier this month Europol detailed how the Calabrian organised crime syndicate, the ‘Ndrangheta, ran a €2bn money-laundering operation through Maltese online betting companies. Internet gambling companies account for 10% of the island’s GDP.

But Malta’s big money-spinner has been selling EU passports to the rich. More than 900 bought citizenship in 2016, which at €650,000 a pop means that they contributed nearly 16% of Malta’s budget revenues. Since many were taken up by Eurasian oligarchs, one can understand the accusation that Daphne was up against not a democracy but a mafia state.

Her son, Matthew Caruana Galizia, is a journalist and programmer who works for the International Consortium of Investigative Journalists (ICIJ). As most of you know it was Nuix that supplied the document processing and investigation technology that was essential to the Panama Papers investigation which was conducted by the German newspaper Süddeutsche Zeitung and (ICIJ). Both he and his mother were intimate with the use of the Nuix technology.

BACKGROUND: Süddeutsche Zeitung received an anonymous leak of approximately 11.5 million documents, totaling 2.6 terabytes of data, detailing the activities of Panamanian law firm Mossack Fonseca, which helped clients set up anonymous offshore companies. While these offshore entities are generally legal in the jurisdictions in which they are registered, the investigation revealed that some were allegedly used for unlawful purposes including sovereign and individual fraud, drug trafficking, and tax evasion. Süddeutsche Zeitung and ICIJ turned to Nuix software to process, index, and analyze the data. More than 400 journalists in 80 countries around the world then investigated the data before publishing the first set of results on April 4, 2016.

Over the last three years I have turned my attention more to “data journalism” and the ways e-discovery software can help. Plus an in-depth study of the Russian social media monster. Last month I was in Kiev, Ukraine for several days being briefed on the mathematical models Russian agents used to spread their false news on social media networks, and details on the true extent of the “computational propaganda” at work. We even had the opportunity to see the Russian training manuals for corrupting social media. I am having that material translated into English, all part of a series of subsequent posts.

Data journalism is reinventing itself, and adapting for a world which is rapidly changing again. Where networked communications and processing power were key in the 2000s, automation and AI are becoming key in the decade to come. And just as data journalism raised the bar for journalism as a whole, the bar is about to be raised for data journalism itself. Now into its second decade, the technologies that it was built on (networked access to information and vastly improving visualisation capabilities) are now taken for granted, just as the “computer assisted” part of its antecedent “Computer Assisted Reporting” was.

NOTE: I first heard the term CAR not as “computer assisted review” but as Computer A ssisted Reporting, a phrase that originated in the late 1960s.

CAR saw journalists using spreadsheet and database software to analyse datasets, but it also had important political and cultural dimensions too: firstly, the introduction of a Freedom of Information Act in the U.S. which made it possible to access more data than before; and secondly, the spread of social science methods into politics and journalism.

Data journalism, like CAR, had technological, political and cultural dimensions too. Where CAR had spreadsheets and databases, data journalism had APIs and datavis tools; where CAR had Freedom of Information, data journalism had a global open data movement; and where CAR acted as a trojan horse that brough social science methods into the newsroom, data journalism has brought “hacker” culture into publishing.

But much of the credit for the birth of data journalism lies outside of the news industry: often overlooked in histories of the form is the work of civic coders and information activists (in particular MySociety which was opening up political data and working with news organisations well before the term data journalism was coined), and technology companies (the APIs and tools of Yahoo! for example formed the basis of much of data journalism’s early experiments).

And, of course … e-discovery software. Its use to support investigative reporting is now common because it allows journalists the ability to analyze large data sets quickly and accurately. More and more reporters are trawling documents – whether emails, text messages, or files – to uncover the stories within. This is much the same process attorneys go through while building a case. Finding key documents and weaving them into a story is what sophisticated e-discovery was designed for.

And while ediscovery software isn’t new, until recently it’s been hard to use except for those with specialized training. Plus, users often needed to ship the data to a third party for uploading – a non-starter for reporters on tight deadlines. Not to mention the technology was slow and at times inaccurate – hardly what you need when you’re not sure what you’re looking for. But that has changed. There are many e-discovery vendors to choose from, although Nuix would be my first choice. Plus you really need to learn Python to slice through databases.

So where do we look for data journalism’s next wave of change? We need to look – again – outside news organisations to see changes in two areas in particular: on the technical side, an increasing use of automation, from algorithms and artificial intelligence (AI) to bots. On the political side, a retreat from open data and transparency while governmental organizations take on an increasingly role in policing citizens’ behavior and information.

And that, in a way, what Daphne was all about. Getting the truth out. I have been too much of a cynic. Daphne felt she could really change things. Her last blog was characteristically trenchant, pithy and, unfortunately, more prescient for her than she could imagine. She had warned: “There are crooks everywhere you look now. The situation is desperate.” Less than half an hour later, a huge bomb ripped her to shreds.

The charge is that Malta is turning into a state run by, and resembling, organized crime – which does not govern but disposes of positions, wealth and troublesome persons. Malta cannot be a sham EU state where elections, the rule of law and the courts are just for show. The continent’s citizens accept EU governance because every member state is a functioning democracy. When one of its own backslides on democratic commitments, when a life is lost in the pursuit of truth, then the EU must take action.

So I must join the call.

10 Comments

  1. Paul Tannenberg says:

    Jesus what a story!! Incredible. A brutal world we read about all the time but that Mr Bufithis lives. Kudos to the Legal IT for publishing this kind of stuff. More, please! And I get the use of e-discovery tech outside its normal field. I am in the sports industry and follow you guys because some of our partners use legal tech stuff, believe it or not. Mostly your audio/video analytics stuff. Nexidia springs to mind. Stay safe, Mr B.

  2. Gregory Lanzenberg says:

    J’ai toujours pensé que les logiciels d’administration de la preuve éléctronique avaient un espace sémantique beaucoup plus large que ce qui était démontré auparavant . Un grand merci à Greg pour cet article.

  3. Alexandra Dumont says:

    I’m speechless. I never thought I’d see Panama Papers, ediscovery and murder in the same sentence. Or even ediscovery and murder. What in hell is wrong with these people!! After I read your piece I also checked the Guardian coverage. They tried to kill her twice before!! And threatened her and her family multiple times. And the people of Malta re-elected that monster of a PM?! Jesus: money does talk. I am distributing your piece to everybody. I am trying to reach the writer through his LinkedIn account.

  4. Alex Hania says:

    Hats off to Christian and Caroline for publishing that. Well done. Now I see why Christian was named a top 100 influencer. Cutting edge, you maniacs!!

  5. Matt Tucker says:

    I am in the mobile industry. I read your paper almost everyday because of your excellent mobile ediscovery coverage. You have noted vendors that I did not know were out there. I knew you guys were different because you have stuff nowhere else to be found. And those compendium issues you do every quarter(?) are marvelous. But I did not know the extent of your coverage until today with this piece. Wow. And I scanned other pieces on this woman’s death. Nothing remotely like this piece which ties in real life to technology. I mean this stuff is really all related. Great move on your part. Please extend my regards to the writer. Does he blog just for you?

  6. Angela Van Veckhoven says:

    This murder was disturbing on so many levels. Superb writing on Nuix and the Panama papers in this piece. I hope that Greg Bufithis or Legal IT will do a follow-up piece on the use of e-discovery in other non-legal areas?

  7. Michael Timibbi says:

    I must say this piece made me sick. And then I did what Matt Tucker did: scanned further stories on this murder. And I got sicker. But many thanks for publishing it nonetheless. Another reason I like to Legal IT Insider. You really do cover everything. Most of us in this industry get caught up in the petty, pedantic corporate bullshit that is all too common … and that we think is SO important … so it takes a story like this to set the mind right. My God, what a brave woman. And my hat is off to your writer for bringing it to our attention. I checked out the link you had for his blog, and I also found him on LinkedIn. This piece seems to be his style. But I hope his last sentence “So I must join the call” doesn’t mean he is taking up her cause. If so, God give him strength.

Any Comment?