net.wars

Follow the business models

In a market that enabled the rational actions of economists’ fantasies, consumers would be able to communicate their preferences for “smart” or “dumb” objects by exercising purchasing power. Instead, everything from TVs and vacuum cleaners to cars is sprouting Internet connections and rampant data collection.

I would love to believe we will grow out of this phase as the risks of this approach continue to become clearer, but I doubt it because business models will increasingly insist on the post-sale money, which never existed in the analog market. Subscriptions to specialized features and embedded ads seem likely to take ever everything. Essentially, software can change the business model governing any object’s manufacture into Gillette’s famous gambit: sell the razors cheap, and make the real money selling razor blades. See also in particular printer cartridges. It’s going to be everywhere, and we’re all going to hate it.

***

My consciousness of the old ways is heightened at the moment because I spent last weekend participating in a couple of folk music concerts around my old home town, Ithaca, NY. Everyone played acoustic instruments and sang old songs to celebrate 58 years of the longest-running folk music radio show in North America. Some of us hadn’t really met for nearly 50 years. We all look older, but everyone sounded great.

A couple of friends there operate a “rock shop” outside their house. There’s no website, there’s no mobile app, just a table and some stone wall with bits of rock and other findings for people to take away if they like. It began as an attempt to give away their own small collection, but it seems the clearing space aspect hasn’t worked. Instead, people keep bringing them rocks to give away – in one case, a tray of carefully laid-out arrowheads. I made off with a perfect, peach-colored conch shell. As I left, they were taking down the rock shop to make way for fantastical Halloween decorations to entertain the neighborhood kids.

Except for a brief period in the 1960s, playing folk music has never been lucrative. However it’s still harder now: teens buy CDs to ensure they can keep their favorite music, and older people buy CDs because they still play their old collections. But you can’t even *give* a 45-year-old a CD because they have no way to play it. At the concert, Mike Agranoff highlighted musicians’ need for support in an ecosystem that now pays them just $0.014 (his number) for streaming a track.

***

With both Halloween and the US election scarily imminent, the government the UK elected in July finally got down to its legislative program this week.

Data protection reform is back in the form of the the Data Use and Access Bill, Lindsay Clark reports at The Register, saying the bill is intended to improve efficiency in the NHS, the police force, and businesses. It will involve making changes to the UK’s implementation of the EU’s General Data Protection Regulation. Care is needed to avoid putting the UK’s adequacy decision at risk. At the Open Rights Group Mariano della Santi warns that the bill weakens citizens’ protection against automated decision making. At medConfidential, Sam Smith details the lack of safeguards for patient data.

At Computer Weekly, Bill Goodwin and Sebastian Klovig Skelton outline the main provisions and hopes: improve patient care, free up police time to spend more protecting the public, save money.

‘Twas ever thus. Every computer system is always commissioned to save money and improve efficiency – they say this one will save 140,000 a years of NHS staff time! Every new computer system also always brings unexpected costs in time and money and messy stages of implementation and adaptation during which everything becomes *less* efficient. There are always hidden costs – in this case, likely the difficulties of curating data and remediating historical bias. An easy prediction: these will be non-trivial.

***

Also pending is the draft United Nations Convention Against Cybercrime; the goal is to get it through the General Assembly by the end of this year.

Human Rights Watch writes that 29 civil society organizations have written to the EU and member states asking them to vote against the treaty’s adoption and consider alternative approaches that would safeguard human rights. The EFF is encouraging all states to vote no.

Internet historians will recall that there is already a convention on cybercrime, sometimes called the Budapest Convention. Drawn up in 2001 by the Council of Europe to come into force in 2004, it was signed by 70 countries and ratified by 68. The new treaty has been drafted by a much broader range of countries, including Russia and China, is meant to be consistent with that older agreement. However, the hope is it will achieve the global acceptance its predecessor did not, in part because of the broader

However, opponents are concerned that the treaty is vague, failing to limit its application to crimes that can only be committed via a computer, and lacks safeguards. It’s understandable that law enforcement, faced with the kinds of complex attacks on computer systems we see today want their path to international cooperation eased. But, as EFF writes, that eased cooperation should not extend to “serious crimes” whose definition and punishment is left up to individual countries.

Illustrations: Halloween display seen near Mechanicsburg, PA.

Wendy M. Grossman is the 2013 winner of the Enigma Award. Her Web site has an extensive archive of her books, articles, and music, and an archive of earlier columns in this series. She is a contributing editor for the Plutopia News Network podcast. Follow on Mastodon.

Review: The Web We Weave

The Web We Weave
By Jeff Jarvis
Basic Books
ISBN: 9781541604124

Sometime in the very early 1990s, someone came up to me at a conference and told me I should read the work of Robert McChesney. When I followed the instruction, I found a history of how radio and TV started as educational media and wound up commercially controlled. Ever since, this is the lens through which I’ve watched the Internet develop: how do we keep the Internet from following that same path? If all you look at is the last 30 years of web development, you might think we can’t.

A similar mission animates retired CUNY professor Jeff Jarvis in his latest book, The Web We Weave. In it, among other things, he advocates reanimating the open web by reviving the blogs many abandoned when Twitter came along and embracing other forms of citizen media. Phenomena such as disinformation, misinformation, and other harms attributed to social media, he writes, have precursor moral panics: novels, comic books, radio, TV, all were once new media whose evils older generations fretted about. (For my parents, it was comic books, which they completely banned while ignoring the hours of TV I watched.) With that past in mind, much of today’s online harms regulation leaves him skeptical.

As a media professor, Jarvis is interested in the broad sweep of history, setting social media into the context that began with the invention of the printing press. That has its benefits when it comes to later chapters where he’s making policy recommendations on what to regulate and how. Jarvis is emphatically a free-speech advocate.

Among his recommendations are those such advocates typically support: users should be empowered, educated, and taught to take responsibility, and we should develop business models that support good speech. Regulation, he writes, should include the following elements: transparency, accountability, disclosure, redress, and behavior rather than content.

On the other hand, Jarvis is emphatically not a technical or design expert, and therefore has little to say about the impact on user behavior of technical design decisions. Some things we know are constants. For example, the willingness of (fully identified) online communicators to attack each other was noted as long ago as the 1980s, when Sara Kiesler studied the first corporate mailing lists.

Others, however, are not. Those developing Mastodon, for example, deliberately chose not to implement the ability to quote and comment on a post because they believed that feature fostered abuse and pile-ons. Similarly, Lawrence Lessig pointed out in 1999 in Code and Other Laws of Cyberspae (PDF) that you couldn’t foment a revolution using AOL chatrooms because they had a limit of 23 simultaneous users.

Understanding the impact of technical decisions requires experience, experimentation, and, above all, time. If you doubt this, read Mike Masnick’s series at Techdirt on Elon Musk’s takeover and destruction of Twitter. His changes to the verification system alone have undermined the ability to understand who’s posting and decide how trustworthy their information is.

Jarvis goes on to suggest we should rediscover human scale and mutual obligation, both crucial as the covid pandemic progressed. The money will always favor mass scale. But we don’t have to go that way.

Choice

The first year it occurred to me that a key consideration in voting for the US president was the future composition of the Supreme Court was 1980: Reagan versus Carter. Reagan appointed the first female justice, Sandra Day O’Connor – and then gave us Antonin Scalia and Anthony Kennedy. Only O’Connor was appointed during Reagan’s first term, the one that woulda, shoulda, coulda been Carter’s second.

Watching American TV shows and movies from the 1980s and 1990s is increasingly sad. In some – notably Murphy Brown – a pregnant female character wrestles with deciding what to do. Even when not pregnant, those characters live inside the confidence of knowing they have choice.

At the time, Murphy (Candice Bergen) was pilloried for choosing single motherhood. (“Does [Dan Quayle] know she’s fictional?” a different sitcom asked, after the then-vice president critized her “lifestyle”.) Had Murphy opted instead for an abortion, I imagine she’d have been just as vilified rather than seen as acting “responsibly”. In US TV history, it may only be on Maude in 1972 that an American lead character, Maude (Bea Arthur), is shown actually going through with an abortion. Even in 2015 in an edgy comedy like You’re the Worst, that choice is given to the sidekick. It’s now impossible to watch any of those scenes without feeling the loss of agency.

In the news, pro-choice activists warned that overturning Roe v. Wade would bring deaths, and so it has, but not in the same way as they did in the illegal-abortion 1950s, when termination could be dangerous. Instead, women are dying because their health needs fall in the middle of a spectrum that has purely elective abortion at one end and purely involuntary miscarriage at the other. These are not distinguishable *physically*, but can be made into evil versus blameless morality tales (though watch that miscarrying mother, maybe she did something).

Even those who still have a choice may struggle to access it. Only one doctor performs abortions in Mississippi ; he also works in Alabama and Tennessee.

So this time women are dying or suffering from lack of care when doctors can’t be sure what they are allowed do under laws that are written by people with shockingly limited medical knowledge.

Such was the case of Amber Thurman, a 28-year-old Georgian medical assistant who died of septic shock after fetal tissue was incompletely expelled after a medication abortion, which she’d had to travel hundreds of miles to North Carolina to get. It’s a very rare complication, but her life could probably have been saved by prompt action – but the hospital had no policy in place for septic abortions under Georgia’s then-new law. There have been many more awful stories since – many not deaths but fraught survivals of avoidable complications.

If anti-abortion activists are serious about their desire to save the life of every unborn child, there are real and constructive things they can do. They could start by requiring hospitals to provide obstetrics units and states to imrpove provision for women’s health. According to March of Dimes, 5.5 million American women in are caught in the one-third of US counties it calls “maternity deserts”. Most affected are those in the states of North Dakota, South Dakota, Alaska, Oklahoma, and Nebraska. In Texas, which banned abortion after six weeks in 2021 and now prohibits it except to save the mother’s life, maternal mortality rose 56% between 2019 and 2022. Half of Texas counties, Stephanie Taladrid reported at The New Yorker in January, have no specialists in women’s health.

“Pro-life” could also mean pushing to support families. American parents have less access to parental leave than their counterparts in other developed countries. Or they could fight to redress other problems, like the high rate of Black maternal mortality.

Instead, the most likely response to the news that abortion rates have actually gone up in the US since the Dobbs decision is efforts to increase surveillance, criminalization, and restriction. In 2022, I imagined how this might play out in a cashless society, where linked systems could prevent a pregnant woman from paying for anything that might help her obtain an abortion: travel, drugs, even unhealthy foods,

This week, at The Intercept, Debbie Nathan reports on a case in which a police sniffer dog flagged an envelope that, opened under warrant, proved to contain abortion pills. It’s not clear, she writes, whether the sniffer dogs actually detect misopristol and mifepristone, or traces of contraband drugs, or just responding to an already-suspicious handler’s subtle cues, like Clever Hans. Using the US Postal Service’s database of images of envelopes, inspectors were able to identify other parcels from the same source and their recipients. A hostile administration could press for – in fact, Republican vice-presidential candidate JD Vance has already demanded – renewed enforcement of the not-dead-only-sleeping Comstock Act (1873), which criminalizes importing and mailing items “intended for producing abortion, or for any indecent or immoral use”.

There are so many other vital issues at stake in this election, but this one is personal. I spent my 20s traveling freely across the US to play folk music. Imagine that with today’s technology and states that see every woman of child-bearing age as a suspected criminal.

Illustrations: Murphy Brown (Candice Bergen) with baby son Avery (Haley Joel Osment).

A hole is a hole

We told you so.

By “we” I mean thousands, of privacy advocates, human rights activists, technical experts, and information security journalists.

By “so”, I mean: we all said repeatedly over decades that there is no such thing as a magic hole that only “good guys” can use. If you build a supposedly secure system but put in a hole to give the “authorities” access to communications, that hole can and will be exploited by “bad guys” you didn’t want spying on you.

The particular hole Chinese hackers used to spy on the US is the Communications Assistance for Law Enforcement Act (1994). CALEA mandates that telecommunications providers design their equipment so that they can wiretap any customer if law enforcement presents a warrant. At Techcrunch, Zack Whittaker recaps much of the history, tracing technology giants’ new emphasis on end-to-end encryption to the 2013 Snowden revelations of the government’s spying on US citizens.

The mid-1990s were a time of profound change for telecommunications: the Internet was arriving, exchanges were converting from analog to digital, and deregulation was providing new competition for legacy telcos. In those pre-broadband years, hundreds of ISPs offered dial-up Internet access. Law enforcement could no longer just call up a single central office to place a wiretap. When CALEA was introduced, critics were clear and prolific; for an in-depth history see Susan Landau’s and Whit Diffie’s book, Privacy on the Line (originally published 1998, second edition 2007). The net.wars archive includes a compilation of years of related arguments, and at Techdirt, Mike Masnick reviews the decades of law enforcement insistence that they need access to encrypted text. “Lawful access” is the latest term of art.

In the immediate post-9/11 shock, some of those who insisted on the 1990s version of today’s “lawful access” – key escrow, took the opportunity to tell their opponents (us) that the attacks proved we’d been wrong. One such was the just-departed Jack Straw, the home secretary from 1997 to (June) 2001, who blamed BBC Radio Four and “…large parts of the industry, backed by some people who I think will now recognise they were very naive in retrospect”. That comment sparked the first net.wars column. We could now say, “Right back atcha.”

Whatever you call an encryption backdoor, building a hole into communications security was, is, and will always be a dangerous idea, as the Dutch government recently told the EU. Now, we have hard evidence.

***

The time is long gone when people used to be snobbish about Internet addresses (see net.wars-the-book, chapter three). Most of us are therefore unlikely to have thought much about the geekishly popular “.io”. It could be a new-fangled generic top-level domain – but it’s not. We have been reading linguistic meaning into what is in fact a country code. Which is all fine and good, except that the country it belongs to is the Chagos Islands, also known as the British Indian Ocean Territory, which I had never heard of until the British government announced recently that it will hand the islands back to Mauritius (instead of asking the Chagos Islanders what they want…). Gareth Edwards made the connection: when that transfer happens, .io will cease to exist (h/t Charles Arthur’s The Overspill).

Edwards goes on to discuss the messy history of orphaned country code domains: Yugoslavia, and the Soviet Union. As a result, ICANN, the naming authority, now has strict rules that mandate termination in such cases. This time, there’s a lot at stake: .io is a favorite among gamers, crypto companies, and many others, some of them substantial businesses. Perhaps a solution – such as setting .io up anew as a gTLD with its domains intact – will be created. But meantime, it’s worth noting that the widely used .tv (Tuvalu), .fm (Federated States of Micronesia), and .ai (Anguilla) are *also* country code domains.

***

The story of what’s going on with Automattic, the owner of the blogging platform WordPress.com, and WP Engine, which provides hosting and other services for businesses using WordPress, is hella confusing. It’s also worrying: WordPress, which is open source content management software overseen by the WordPress Foundation, powers a little over 40% of the Internet’s top ten million websites and more than 60% of sites overall (including this one).

At Heise Online, Kornelius Kindermann offers one of the clearer explanations: Automattic, whose CEO, Matthew Mullenweg is also a director of the WordPress Foundation and a co-creator of the software, wants WP Engine, which has been taken over by the investment company Silver Lake, to pay “trademark royalties” of 8% to the WordPress Foundation to support the software. WP Engine doesn’t wanna. Kindermann estimates the sum involved at $35 million, After the news of all that broke, 159 employees have announced they are leaving Automattic.

The more important point that, like the users of the encrypted services governments want to compromise, the owners of .io domains, or, ultimately, the Chagos Islanders themselves, WP Engine’s customers, some of them businesses worth millions, are hostages of uncertainty surrounding the decisions of others. Open source software is supposed to give users greater control. But as always, complexity brings experts and financial opportunities, and once there’s money everyone wants some of it.

Illustrations: View of the Chagos Archipelago taken during ISS Expedition 60 (NASA, via Wikimedia).

Review: Supremacy

Supremacy: AI, ChatGPT, and the Race That Will Change the World
By Parmy Olson
Macmillan Business
ISBN: 978-1035038220

One of the most famous books about the process of writing software is Frederick Brooks’ The Mythical Man Month. The essay that gives the book its title makes the point that you cannot speed up the process by throwing more and more people at it. The more people you have, the more they have to all communicate with each other, and the pathways multiply exponentially. Think of it this way: 500 people can’t read a book faster than five people can.

Brooks’ warning immediately springs to mind when Parmy Olson reports, late in her new book, Supremacy, that Microsoft CEO Sadya Nadella was furious to discover that Microsoft’s 5,000 direct employees working on AI lagged well behind the rapid advances being made by the fewer than 200 working working at OpenAI. Some things just aren’t improved by parallel processing.

The story Olson tells is a sad one: two guys, both eager to develop an artificial general intelligence in order to save, or least help, humanity, who both wind up working for large commercial companies whose primary interests are to 1) make money and 2) outcompete the other guy. For Demis Hassabis, the company was Google, which bought his DeepMind startup in 2014. For Sam Altman, founder of OpenAI, it was Microsoft. Which fits: Hassabis’s approach to “solving AI” was to let them teach themselves by playing games, hoping to drive science discovery; Altman sought to solve real-world problems and bring everyone wealth. Too late for Olson’s book, Hassabis has achieved enough of a piece of his dream to have been one of three awarded the 2024 Nobel Prize in chemistry for using AI to predict how proteins will fold.

For both the reason was the same: the resources they sought to work in AI – data, computing power, and high-priced personnel – are too expensive for either traditional startup venture capital funding or for academia. (Cure Vladen Joler, at this year’s Computers, Privacy, and Data Protection, noting that AI is arriving “pre-monopolized”.) As Olson tells the story, they both tried repeatedly to keep the companies they founded independent. Yet, both have wound up positioned to run the companies whose money they took apparently believing, like many geek founders with more IQ points than sense, that they would not have to give up control.

In comparing and contrasting the two founders, Olson shows where many of today’s problems came from. Allying themselves with Big Tech meant giving up on transparency. The ethicists who are calling out these companies over real and present harms caused by the tools they’ve built, such as bias, discrimination, and exploitation of workers performing tasks like labeling data, have 1% or less of the funding of those pushing safety for superintelligences that may never exist.

Olson does a good job of explaining the technical advances that led to the breakthroughs of recent years, as well as the business and staff realities of their different paths. A key point she pulls out is the extent to which both Google and Microsoft have become the kind of risk-averse, slow-moving, sclerotic company they despised when they were small, nimble newcomers.

Different paths, but ultimately, their story is the same: they fought the money, and the money won.

Blown

“This is a public place. Everyone has the right to be left in peace,” Jane (Vanessa Redgrave) tells Thomas (David Hemmings), whom she’s just spotted photographing her with her lover in the 1966 film Blow-Up, by Michelangelo Antonioni. The movie, set in London, proceeds as a mystery in which Thomas’s only tangible evidence is a grainy, blown-up shot of a blob that may be a murdered body.

Today, Thomas would probably be wielding a latest-model smartphone instead of a single lens reflex film camera. He would not bother to hide behind a tree. And Jane would probably never notice, much less challenge Thomas to explain his clearly-not-illegal, though creepy, behavior. Phones and cameras are everywhere. If you want to meet a lover and be sure no one’s photographing you, you don’t go to a public park, even one as empty as the film finds Maryon Park. Today’s 20-somethings grew up with that reality, and learned early to agree some gatherings are no-photography zones.

Even in the 1960s individuals had cameras, but taking high-quality images at a distance was the province of a small minority of experts; Antonioni’s photographer was a professional with his own darkroom and enlarging equipment. The first CCTV cameras went up in the 1960s; their proliferation became public policy issue in the 1980s, and was propagandized as “for your safety without much thought in the post-9/11 2000s. In the late 2010s, CCTV surveillance became democratized: my neighbor’s Ring camera means no one can leave an anonymous gift on their doorstep – or (without my consent) mine.

I suspect one reason we became largely complacent about ubiquitous cameras is that the images mostly remained unidentifiable, or at least unidentified. Facial recognition – especially the live variant police seem to feel they have the right to set up at will – is changing all that. Which all leads to this week, when Joseph Cox at 404 Media reports ($) (and Ars Technica summarizes) that two Harvard students have mashed up a pair of unremarkable $300 Meta Ray-Bans with the reverse image search service Pimeyes and a large language model to produce I-XRAY, an app that identifies in near-real time most of the people they pass on the street, including their name, home address, and phone number.

The students – AnhPhu Nguyen and Caine Ardayfio – are smart enough to realize the implications, imagining for Cox the scenario of a random male spotting a young woman and following her home. This news is breaking the same week that the San Francisco Standard and others are reporting that two men in San Francisco stood in front of a driverless Waymo taxi to block it from proceeding while demanding that the female passenger inside give them her phone number (we used to give such males the local phone number for time and temperature).

Nguyen and Ardayfio aren’t releasing the code they’ve written, but what two people can do, others with fewer ethics can recreate independently, as 30 years of Black Hat and Def Con have proved. This is a new level of democratizated surveillance. Today, giant databases like Clearview AI are largely only accessible to governments and law enforcement. But the data in them has been scraped from the web, like LLMs’ training data, and merged with commercial sources

This latest prospective threat to privacy has been created by the marriage of three technologies that were developed separately by different actors without regard to one another and, more important, without imagining how one might magnify the privacy risks of the others. A connected car with cameras could also run I-XRAY.

The San Francisco story is a good argument against allowing cars on the roads without steering wheels, pedals, and other controls or *something* to allow a passenger to take charge to protect their own safety. In Manhattan cars waiting at certain traffic lights often used to be approached by people who would wash the windshield and demand payment. Experienced drivers knew to hang back at red lights so they could roll forward past the oncoming would-be washer. How would you do this in a driverless car with no controls?

We’ve long known that people will prank autonomous cars. Coverage focused on the safety of the *cars* and the people and vehicles surrounding them, not the passengers. Calling a remote technical support line for help is never going to get a good enough response.

What ties these two cases together – besides (potentially) providing new ways to harass women – is the collision between new technologies and human nature. Plus, the merger of three decades’ worth of piled-up data and software that can make things happen in the physical world.

Arguably, we should have seen this coming, but the manufacturers of new technology have never been good at predicting what weird things their users will find to do with it. This mattered less when the worst outcome was using spreadsheet software to write letters. Today, that sort of imaginative failure is happening at scale in software that controls physical objects and penetrates the physical world. The risks are vastly greater and far more unsettling. It’s not that we can’t see the forest for the trees; it’s that we can’t see the potential for trees to aggregate into a forest.

Illustrations: Jane (Vanessa Redgrave) and her lover, being photographed by Thomas (David Hemmings) in Michelangelo Antonioni’s 1966 film, Blow-Up.