net.wars

Simplification

We were warned this was coming at this year’s Computers, Privacy, and Data Protection, and now it’s really here. The data protection NGO Noyb reports that a leaked internal draft (PDF) of the European Commission’s Digital Omnibus threatens to undermine the architecture the EU has been building around data protection, AI, cybersecurity, and privacy generally. At The Register, Connor Jones summarizes the changes; Noyb has detail.

The EU’s workings are, as always, somewhat inscrutable to outsiders. Noyb explains that the omnibus tool is intended to allow multiple laws to be updated simultaneously to “improve the quality of the law and streamline paperwork obligations”. In this case, Noyb argues that the European Commission is abusing this option to fast-track far more substantial and contentious changes that should be subject to impact assessments and feedback from other EU institutions, as well as legal services.

If the move succeeds – the final draft will be presented on November 19 – Noyb believes it could remove fundamental rights to privacy and data protection that Europeans have been building for more than 30 years. Noyb, European Digital Rights, and the Irish Council for Civil Liberties have sent an open letter of objection to the Commission. The basic argument: this isn’t “simplification” but deregulation. The package would still have to be accepted by the European Parliament and a majority of EU member states.

As far as I can recall, business has never much liked data protection. In the early 1990s, when the first laws were being written, I remember being told data protection was a “tax on small business”. Privacy advocates instead see data protection as a way of redressing the power imbalance between large organizations and individuals.

By 1998, when data protection law was implemented in all EU member states, US companies were publicly insisting that the US didn’t need a privacy law in order to be in compliance. Companies could use corporate policies and sectoral laws to provide a “layered approach” that would be just as protective. When I wrote about this for Scientific American in 1999, privacy advocates in the UK predicted a trade war over this, calling it a failure to understand that you can’t cut a deal with a fundamental right – like the First Amendment.

In early 2013, it looked entirely possible that the period of negotiations over data protection reform would end with rollback. GDPR was the focus of intense lobbying efforts. There were, literally, 4,000 proposed amendments, so many that I recall being shown software written to manage and understand them all.

And then…Snowden. His revelations of government spying shifted the mood noticeably, and, under his shadow, when GDPR was finally adopted in 2016 and came into force in 2018, it expanded citizens’ rights and increased penalties for non-compliance. Since then, other countries around the world have used GDPR as a model, including China and several US states.

Those few states aside, at the US federal level data protection law has never been popular, and the pile of law growing around it – the Digital Services Act, the Digital Markets Act, and the AI Act – is particularly unwelcome to the current administration, which sees it as a deliberate attack on US technology companies.

In the UK the in-progress Data (Use and Access) Act, which passed in June, also weakened some data protection provisions. It will be implemented over the year to June 2026.

At its blog, the Open Rights Group argues that some aspects of the DUAA rest on the claim that innovation, economic growth, and public security are harmed by data protection law, a dubious premise.

Until this leak, it seemed possible that the DUAA would break Britain’s adequacy decision and remove the UK from the list of countries to which the EU allows data transfers. The rule is that to qualify a country must have legal protections equivalent to those of the EU. It would be the wrong way round if instead of the UK enhancing its law to match the EU, the EU weakened its law to match the UK.

There’s a whole secondary issue here, which is that a law is only useful if it’s enforced. Noyb actively brings legal cases to force enforcement in the EU. In the UK, privacy advocates, like ORG, have long complained that the Information Commissioner’s Office is increasingly quiescent.

Many of the EU’s changes appear to be aimed at making it easier for AI companies to exploit personal data to develop models. It’s hard to know where that will end, given that every company is sprinkling “AI” over itself in order to sound exciting and new (until the next thing comes along), if this thing comes into force you have to think data protection law will increasingly only apply to small businesses running older technology that can’t be massaged to qualify for exemption..

I blame this willingness to undermine fundamental rights at least partly on the fantasy of the “AI race”. This is nation-state-level FOMO. What race? What’s the end point? What does it mean to “win”? Why the AI race, and not the net-zero race, the renewables race, or the sustainability race? All of those would produce tangible benefits and solve known problems of long standing and existential impact.

Illustrations: A drunk parrot in a Putney garden (photo by Simon Bisson; used by permission).

Wendy M. Grossman is an award-winning journalist. 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 or Bluesky.

The gated web

What is an AI browser?

Or, in a more accurate representation of my mental reaction, *WTF* is an AI browser?

In wondering about this, I’m clearly behind the times. Tech sites are already doing roundups of their chosen “best” ones. At Mashable, Cecily Mouran compares “top” AI browsers because “The AI browser wars hath begun.”

Is the war that no one wants these things but they’re being forced on us anyway? Because otherwise…it’s just a bunch of heavily financed companies trying to own a market they think will be worth billions.

In Tim Berners-Lee’s original version, the web was meant to simplify sharing information. A key element was giving users control over presentation. Then came designers, who hated that idea. That battle between users’ preferences and browser makers’ interests continues to this day. What most people mean by the browser wars), though, was the late-1990s fight between Microsoft and Netscape, or the later burst of competition around smartphones. A big concern has long been market domination: a monopoly could seek to slowly close down the web by creating proprietary additions to the open standards and lock all others out.

Mouran, citing Casey Newton’s Platformer newsletter, suggests that Google specifically has exploited its browser to increase search use (and therefore ad revenues), partly by merging the address and search bars. I know I’m not typical, but for me search remains a separate activity. Most of the time I’m following a link or scanning familiar sites. Yes, when my browser history fills in a URL, I guess you could say I’m searching the browser history, but to me the better analogy is scanning an array of daily newspapers. Many people *also* use their browser to access cloud-based productivity software and email or play online games, none of which is search.

Nor are chatbots, since they don’t actually *find* information; they apply mathematics and statistics to a load of ingested text and create sentences by predicting the most likely next word. This is why Emily Bender and Alex Hanna call them “synthetic text extruding machines” in their book, The AI Con. I am in the business of trying to make sense of the impact of fast-moving technology, or at least of documenting the conflicts it creates. The only chatbot I’ve found of any value for this – or for personal needs such as a tech issue – is Perplexity, and that’s because it cites (or can be ordered to cite) sources one can check. There is every difference in the world between just wanting an answer and wanting the background from which to derive an answer that may possibly be new.

In any event, Newton’s take is that a company that’s serious about search must build its own browser. Therefore: AI companies are building them. Hence these roundups. Mauron’s pitch: “Imagine a browser that acts as your research assistant, plans trips, sends emails, and schedules meetings. As AI models become more advanced, they’re capable of autonomously handling more complex tasks on your behalf. For tech companies, the browser is the perfect medium for realizing this vision.”

OK, I can see exactly what it does for tech companies. It gives them control over what information you can access, how you use it, and who and how much you pay for the services its agent selects (plus it gets a commission).

I can also see what it does for employers. My browser agent can call your browser agent and negotiate a meeting plan. Then they attend the meeting on our behalf and send us both summaries, which they ingest and file, later forwarding them to our bosses’ agents to verify we were at work that day. In between, they can summarize emails, and decide which ones we need to see. (As Charles Arthur quipped at The Overspill, “Could they…send fewer emails?”)

Remember when part of the excitement of the Internet was the direct access it gave to people who were formerly inaccessible? Now, we appear to be building systems to ensure that every human is their own gated community.

What part of this is good for users? If you are fortunate enough not to care about the price of anything, maybe it’s great to replace your personal assistant with an agentic web browser. Most of us have struggled along doing things for ourselves and each other. At Cybernews, Mayank Sharma warns that AI browsers’ intentional preemption of efforts to browse for yourself, filtering anything they deem “irrelevant”, threaten the open web. Newton quantifies the drop in traffic news publishers are already seeing from generative AI. Will we soon be complaining about information underload?

At Pluralistic last year, Cory Doctorow wrote about the importance of faithful agents: software that is loyal to us rather than its maker. He particularly focused on browsers, which have gone from that initial vision of user control to become software that spies on us and reports home. In Mauron’s piece, Perplexity openly hopes to use chats to build user profiles and eventually show ads.

The good news, such as it is, is that from what I’ve read in writing this, most of these companies hope to charge for these browsers – AI as a subscription service. So avoiding them is also cheaper. Double win.

Illustrations: John Tenniel’s drawing of Davy Jones, sitting on his locker (via Wikimedia, published in Punch, 1892 with the caption, “AHA! SO LONG AS THEY STICK TO THEM OLD CHARTS, NO FEAR O’ MY LOCKER BEIN’ EMPTY!!”

The bottom drawer

It only now occurs to me how weirdly archaic the UK government’s rhetoric around digital ID really is. Here’s prime minister Keir Starmer in India, quoted in the Daily Express (and many elsewheres):

“I don’t know how many times the rest of you have had to look in the bottom drawer for three bills when you want to get your kids into school or apply for this or apply for that – drives me to frustration.”

His image of the bottom drawer full of old bills is the bit. I asked an 82-year-old female friend: “What do you do if you have to supply a utility bill to confirm your address?” Her response: “I download one.”

Right. And she’s in the exact demographic geeks so often dismiss as technically incompetent. Starmer’s children are teenagers. Lots of people under 40 have never seen a paper statement.

Sure, many people can’t do that download, for various reasons. But they are the same people who will struggle with digital IDs, largely for the same reasons. So claiming people will want digital IDs because they’re more “convenient” is specious. The inconvenience isn’t in obtaining the necessary documentation. It lies in inconsistent, poorly designed submission processes – this format but not that, or requiring an in-person appointment. Digital IDs will provide many more opportunities for technical failure, as the system’s first targets, veterans, may soon find out.

A much cheaper solution for meeting the same goal would be interoperable systems that let you push a button to send the necessary confirmation direct to those who need it, like transferring a bank payment. This is, of course, close to the structure Mydex and researcher Derek McAuley have been working on for years, the idea being to invert today’s centralized databases to give us control of our own data. Instead, Starmer has rummaged in Tony Blair’s bottom drawer to pull out old ID proposals.

In an analysis published by the research organization Careful Industries, Rachel Coldicutt finds a clash: people do want a form of ID that would make life easier, but the government’s interest is in creating an ID that will make public services more efficient. Not the same.

Starmer himself has been in India this week, taking advantage to study its biometric ID system Aadhaar. Per Bloomberg, Starmer met with Infosys co-founder Nandan Nilekani, Aadhaar’s architect, because 16-year-old Aadhaar is a “massive success”.

According to the Financial Times, Aadhaar has 99% penetration in India, and “has also become the bedrock for India’s domestic online payments network, which has become the world’s largest, and enabled people to easily access capital markets, contributing to the country’s booming domestic investor base.” The FT also reports that Starmer claims Aadhaar has saved India $10 billion a year by reducing fraud and “leakages” in welfare schemes. In April, authentication using Aadhaar passed 150 billion transactions, and continues to expand through myriad sectors where its use was never envisioned. Visitors to India often come away impressed. However…

At Yale Insights, Ted O’Callahan tells the story of Aadhaar’s development. Given India’a massive numbers of rural poor with no way to identify themselves or access financial services, he writes, the project focused solely on identification.

Privacy International examines the gap between principle and practice. There have been myriad (and continuing) data breaches, many hit barriers to access, and mandatory enrollment for accessing many social protection schemes adds to preexisting exclusion.

In a posting at Open Democracy, Aman Sethi is even less impressed after studying Aadhaar for a decade. The claim of annual savings of $10 billion is not backed by evidence, he writes, and Aadhaar has brought “mass surveillance; a denial of services to the elderly, the impoverished and the infirm; compromised safety and security, and a fundamentally altered relationship between citizen and state.” As in Britain in 2003, when then-prime minister Tony Blair proposed the entitlement card, India cited benefit fraud as a key early justification for Aadhaar. Trying to get it through, Blair moved on to preventing illegal working and curbing identity theft. For Sethi, a British digital ID brings a society “where every one of us is a few failed biometrics away from being postmastered” (referring to the postmaster Horizon scandal).

In a recent paper for the Indian Journal of Law and Legal Research, Angelia Sajeev finds economic benefits but increased social costs. At the Christian Science Monitor, Riddhima Dave reports that many other countries that lack ID systems, particularly developing countries, are looking to India as a model. The law firm AM Legals warns of the spread of data sharing as Aadhaar has become ubiquitous, increasing privacy risks. Finally, at the Financial Times, John Thornhill noted in 2021 the system’s extraordinary mission creep: the “narrow remit” of 2009 to ease welfare payments and reduce fraud has sprawled throughout the public sector from school enrollment to hospital admissions, and into private companies.

Technology secretary Liz Kendall told Parliament this week that the digital ID will absolutely not be used for tracking. She is utterly powerless to promise that on behalf of the governments of the future.

If Starmer wants to learn from another country, he would do well to look at those problems and consider the opportunity costs. What has India been unable to do while pursuing Aadhaar? What could *we* do with the money and resources digital IDs will cost?

Illustrations: In 1980’s Yes, Minister (S01e04, “Big Brother”), minister Jim Hacker (Paul Eddington) tries to explain why his proposed National Integrated Database is not a “Big Brother”.

Update: Spelling of “Aadhaar” corrected.

Undue process

To the best of my knowledge, Imgur is the first mainstream company to quit the UK in response to the Online Safety Act (though many US news sites remain unavailable due to 2018’s General Data Protection Regulation. Widely used to host pictures for reuse on web forums and social media, Imgur shut off UK connections on Tuesday. In a statement on Wednesday, the company said UK users can still exercise their data protection rights. That is, Imgur will reply within the statutory timeframe to requests for copies of our data or for the account to be deleted.

In this case, the push came from the Information Commissioner’s Office. In a statement, the ICO explains that on September 10 it notified Imgur’s owner, MediaLab AI of its provisional findings from its previously announced investigation into “how the company uses children’s information and its approach to age assurance”. The ICO proposed to fine Imgur. Imgur promptly shut down UK access. The ICO’s statement says departure changes nothing: “We have been clear that exiting the UK does not allow an organisation to avoid responsibility for any prior infringement of data protection law, and our investigation remains ongoing.”

The ICO calls Imgur’s departure “a commercial decision taken by the company”. While that’s true, EU and UK residents have dealt for years with unwanted cookie consent banners because companies subject to data protection laws have engaged in malicious compliance intended to spark a rebellion against the law. So: wash.

Many individual users stick to Imgur’s free tier, but it profits from subscriptions and advertising. MediaLab AI bought it in 2021, and uses it as a platform to mount advertising campaigns at scale for companies like Kraft-Heinz and Alienware.

Meanwhile, UK users’ Imgur accounts are effectively hostages. We don’t want lawless companies. We also don’t want bad laws – or laws that are badly drafted and worse implemented. Children’s data should be protected – but so should everyone’s. There remains something fundamentally wrong with having a service many depend upon yanked with no notice.

Companies’ threats to leave the market rather than comply with the law are often laughable – see for example Apple’s threat to leave the EU if it doesn’t repeal the Digital Markets Act. This is the rare occasion when a company has actually done it (although presumably they can turn access back on at any time). If there’s a lesson here, it may be that without EU membership Britain is now too small for foreign companies to bother complying with its laws.

***

Boundary disputes and due process are also the subject of a lawsuit launched in the US against Ofcom. At the end of August, 4chan and Kiwi Farms filed a complaint in a Washington, DC federal court against Ofcom, claiming the regulator is attempting to censor them and using the OSA to “target the free speech rights of Americans”.

We hear less about 4chan these days, but in his book The Other Pandemic, journalist James Ball traces much of the spread of QAnon and other conspiracy theories to the site. In his account, these memes start there, percolate through other social media, and become mainstream and monetized on YouTube. Kiwi Farms is equally notorious for targeted online and offline harassment.

The argument mooted by the plaintiffs’ lawyer Preston Byrne is that their conduct is lawful within the jurisdictions where they’re based and that UK and EU countries seeking to enforce their laws should do so through international treaties and courts. There’s some precedent to the first bit, albeit in a different context. In 2010. the New York State legislature and then the US Congress passed the Libel Tourism Protection Act. Under it, US courts are prevented from enforcing British libel judgments if the rulings would not stand in a US court. The UK went on to modify its libel laws in 2013.

Any country has the sovereignty to demand that companies active within its borders comply with its laws, even laws that are widely opposed, and to punish them if they don’t, which is another thing 4chan’s lawyers are complaining about. The question the Internet has raised since the beginning (see also the Apple case and, before it the 1996 case United States v. Thomas) is where the boundary is and how it can be enforced. 4chan is trying to argue that the penalties Ofcom provisionally intends to apply are part of a campaign of targeted harassment of US technology companies. Odd to see *4chan* adopting the technique long ago advocated by staid, old IBM: when under attack, wrap yourself in the American flag.

***

Finally, in the consigned-to-history category, AOL shut down dialup on September 30. I recall traveling with a file of all of the dialup numbers the even earlier service, CompuServe maintained around the world. It was, in its time, a godsend. (Then AOL bought up the service, its biggest competitor before the web, and shut it down, seemingly out of spite.) For this reason, my sympathies are with the 124,000 US users the US Census Bureau says still rely on dial-up – only a few thousand of them were paying for AOL, per CNBC – and the uncounted others elsewhere. It’s easy to forget when you’re surrounded by wifi and mobile connections that Internet access remains hard for many people.

Elsewhere this week: Childproofing the Internet, at Skeptical Inquirer.

Illustrations: Imgur’s new UK home page.

The absurdity card

Fifteen years ago, a new incoming government swept away a policy its immediate predecessors had been pushing since shortly after the 2001 9/11 attacks: identity cards. That incoming government was led by David Cameron’s conservatives, in tandem with Nick Clegg’s liberal democrats. The outgoing government was Tony Blair’s. When Keir Starmer’s reinvented Labour party swept the 2024 polls, probably few of us expected he would adopt Blair’s old policies so soon.

But here we are: today’s papers announce Starmer’s plan for mandatory “digital ID”.

Fifteen years is an unusually long time between ID card proposals in Britain. Since they were scrapped at the end of World War II, there has usually been a new proposal about every five years. In 2002, at a Scrambling for Safety event held by the Foundation for Information Policy Research and Privacy International, former minister Peter Lilley observed that during his time in Margaret Thatcher’s government ID card proposals were brought to cabinet every time there was a new minister for IT. Such proposals were always accompanied with a request for suggestions how it could be used. A solution looking for a problem.

In a 2005 paper I wrote for the University of Edinburgh’s SCRIPT-ED journal, I found evidence to support that view: ID card proposals are always framed around current obsessions. In 1993, it was going to combat fraud, illegal immigration, and terrorism. In 1995 it was supposed to cut crime (at that time, Blair argued expanding policing would be a better investment). In 1989, it was ensuring safety at football grounds following the Hillsborough disaster. The 2001-2010 cycle began with combating terrorism, benefit fraud, and convenience. Today, it’s illegal immigration and illegal working.

A report produced by the LSE in 2005 laid out the concerns. It has dated little, despite preceding smartphones, apps, covid passes, and live facial recognition. Although the cost of data storage has continued to plummet, it’s also worth paying attention to the chapter on costs, which the report estimated at roughly £11 billion.

As I said at the time, the “ID card”, along with the 51 pieces of personal information it was intended to store, was a decoy. The real goal was the databases. It was obvious even then that soon real time online biometric checking would be a reality. Why bother making a card mandatory when police could simply demand and match a biometric?

We’re going to hear a lot of “Well, it works in Estonia”. *A* digital ID works in Estonia – for a population of 1.3 million who regained independence in 1991. Britain has a population of 68.3 million, a complex, interdependent mass of legacy systems, and a terrible record of failed IT projects.

We’re also going to hear a lot of “people have moved on from the debates of the past”, code for “people like ID cards now” – see for example former Conservative leader William Hague. Governments have always claimed that ID cards poll well but always come up against the fact that people support the *goals*, but never like the thing when they see the detail. So it will probably prove now. Twelve years ago, I think they might have gotten away with that claim – smartphones had exploded, social media was at its height, and younger people thought everything should be digital (including voting). But the last dozen years began with Snowden‘s revelations, and continued with the Cambridge Analytica Scandal, ransomware, expanding acres of data breaches, policing scandals, the Horizon / Post Office disaster, and wider understanding of accelerating passive surveillance by both governments and massive companies. I don’t think acceptance of digital ID is a slam-dunk. I think the people who have failed to move on are the people who were promoting ID cards in 2002, when they had cross-party support, and are doing it again now.

So, to this new-old proposal. According to The Times, there will be a central database of everyone who has the right to work. Workers must show their digital ID when they start a new job to prove their employment is legal. They already have to show one of a variety of physical ID documents, but “there are concerns some of these can be faked”. I can think of a lot cheaper and less invasive solution for that. The BBC last night said checks for the right to live here would also be applied to anyone renting a home. In the Guardian, Starmer is quoted calling the card “an enormous opportunity” and saying the card will offer citizens “countless benefits” in streamlining access to key services, echoes of 2002’s “entitlement card”. I think it was on the BBC’s Newsnight that I heard someone note the absurdity of making it easier to prove your entitlement to services that no longer exist because of cuts.

So keep your eye on the database. Keep your eye on which department leads. Immigration suggests the Home Office, whose desires have little in common with the need of ordinary citizens’ daily lives. Beware knock-on effects. Think “poll tax”. And persistently ask: what problem do we have for which a digital ID is the right, the proportionate, the *necessary* solution?

There will be detailed proposals, consultations, and draft legislation, so more to come. As an activist friend says, “Nothing ever stays won.”

Illustrations: British National Identity document circa 1949 (via Wikimedia.)

Review: Tor

Tor: From the Dark Web to the Future of Privacy
by Ben Collier
MIT Press
ISBN: 978-0-262-54818-2

The Internet began as a decentralized system designed to reroute traffic in case a part of the network was taken out by a bomb. Far from being neutral, the technology intentionally supported the democratic ideals of its time: freedom of expression, freedom of access to information, and freedom to code – that is, build new applications for the Internet without needing permission. Over the decades since, IT has relentlessly centralized. Among the counterweights to this consolidation is Tor, “the onion routing”.

In Tor: From the Dark Web to the Future of Privacy (free for download), Ben Collier recounts a biography that seems to recapitulate those early days – but so far with a different outcome.

Collier traces Tor’s origins to the late Ross Anderson‘s 1997 paper The Eternity Service. In it, Anderson proposed a system for making information indelible by replicating it anonymously across a large number of machines of unknown location so that it would become too expensive to delete it (or, in Anderson’s words, “drive up the cost of selection service denial attacks”). That sort of redundancy is fundamental to the way the Internet works for communications. Around the same time, people were experimenting with ways of routing information such as email through multiple anonymized channels in order to protect it from interference – much used, for example, to protect those exposing Scientology’s secrets. Anderson himself indicated the idea’s usefulness in guaranteeing individual liberties.

As Collier writes, in those early days many spoke as though the Internet’s technology was sufficient to guarantee the export of democratic values to countries where they were not flourishing. More recently, I’ve seen arguments that technology is inherently anti-democratic. Both takes attribute to the technology motivations that properly belong to its controllers and owners.

This is where Collier’s biography strikes a different course by showing the many adaptations the the project has made since its earliest discussions circa 2001* between Roger Dingledine and Nick Mathewson to avoid familiar trends such as centralization and censorship – think the trends that got us the central-point-of-failuire Internet Archive instead of the Eternity Server. Because it began later, Dingledine and Mathewson were able to learn from previous efforts such as PGP and Zero Knowledge Systems to spread strong encryption and bring privacy protection to the mainstream. One such lesson was that the mathematical proofs that dominated cryptography were less important than ensuring usability. At the same time, Collier watches Dingledine and Mathewson resist the temptation to make a super-secure mode and a “stupid mode” that would become the path of least resistance for most users, jeopardizing the security of the entire network.

Most technology biographies focus on one or two founders. Faced with a sprawling system, Collier has resisted that temptation, and devotes a chapter each to the project’s technological development, relay node operators, and maintainers. The fact that these are distinct communities, he writes, has helped keep the project from centralizing. He goes on to discuss the inevitable emergence of criminal uses for Tor, its use as a tool for activism, and finally the future of privacy.

To those who have heard of Tor only as a browser used to access the “dark web” the notion that it deserves a biography may seem surprising. But the project ambitions have grown over time, from privacy as a service, to privacy as a structure, to privacy as a struggle. Ultimately, he concludes, Tor is a hack that has penetrated the core of Internet infrastructure, designing around control points. It is, in other words, much closer to the Internet the pioneers said they were building than the Internet of Facebook and Google.

*This originally said “founding in 2006; that is when the project created today’s formal non-profit organization.

Email to Ofgem

So, the US has claimed victory against the UK.

Regular readers may recall that in February the UK’s Home Office secretly asked Apple to put a backdoor in the Advanced Data Protection encryption it offers as a feature for iCloud users. In March, Apple challenged the order. The US objected to the requirement that the backdoor should apply to all users worldwide. How dare the Home Office demand the ability to spy on Americans?

On Tuesday, US director of national intelligence Tulsi Gabbard announced the UK is dropping its demand for the backdoor in Apple’s encryption “that would have enabled access to the protected encrypted data of American citizens”. The key here is “American citizens”. The announcement – which the Home Office is refusing to comment on – ignores everyone else and also the requirement for secrecy. It’s safe to say that few other countries would succeed in pressuring the UK in this way.

As Bll Goodwin reports at Computer Weekly, the US deal does nothing to change the situation for people in Britain or elsewhere. The Investigatory Powers Act (2016) is unchanged. As Parmy Olson writes at Bloomberg, the Home Office can go on issuing Technical Capability Notices to Apple and other companies demanding information on their users that the criminalization of disclosure will keep the companies silent. The Home Office can still order technology companies operating in the UK to weaken their security. And we will not know they’ve done it. Surprisingly, support for this point of view comes from the Federal Trade Commission, which has posted a letter to companies deploring foreign anti-encryption policy (ignoring how often undermining encryption has been US policy, too) and foreign censorship of Americans’ speech. This is far from over, even in the US.

Within the UK, the situation remains as dangerously uncertain as ever. With all countries interconnected, the UK’s policy risks the security of everyone everywhere. And, although US media may have forgotten, the US has long spied on its citizens by getting another country to do it.

Apple has remained silent, but so far has not withdrawn its legal challenge. Also continuing is the case filed by Privacy International, Liberty, and two individuals. In a recent update, PI says both legal cases will be heard over seven days in 2026 as much as possible in the open.

***

For non-UK folk: The Office of Gas and Electricity Markets (Ofgem) is the regulator for Britain’s energy market. Its job is to protect consumers.

To Ofgem:

Today’s Guardian (and many others) carries the news that Tesla EMEA has filed an application to supply British homes and businesses with energy.

Please do not approve this application.

I am a journalist who has covered the Internet and computer industries for 35 years. As we all know, Tesla is owned by Elon Musk. Quite apart from his controversial politics and actions within the US government, Elon Musk has shown himself to be an unstable personality who runs his companies recklessly. Many who have Tesla cars love them – but the cars have higher rates of quality control problems than those from other manufacturers, and Musk’s insistence on marketing the “Full Self Drive” feature has cost lives according to the US National Highway and Transportation Safety Agency, which launched yet another investigation into the company just yesterday. In many cases, when individuals have sought data from Tesla to understand why their relatives died in car fires or crashes the company has refused to help them. During the covid emergency, thousands of Tesla workers got covid because Musk insisted on reopening the Tesla factory. This is not a company people should trust with their homes.

With Starlink, Musk has exercised his considerable global power by turning off communications in Ukraine while it was fighting back Russian attacks. SpaceX launches continue to crash. According to the children’s commissioner’s latest report, far more children encounter pornography online on Musk’s X than on pornography sites, a problem that has gotten far worse since Musk took it over.

More generally, he is an enemy of workers’ rights. Misinformation on X helped fuel the Southport riots, and Musk himself has considered trying to oust Keir Starmer as prime minister.

Many are understandably awed by his technological ideas. But he uses these to garner government subsidies and undermine public infrastructure, which he then is able to wield as a weapon to suit his latest whims.

Musk is already far too powerful in the world. His actions in the White House have shown he is either unable to understand or entirely uninterested in the concerns and challenges that face people living on sums that to him seem negligible. He is even less interested in – and often actively opposes – social justice, fairness, and equity. No amount of separation between him and Tesla EMEA will be sufficient to counter his control of and influence over his company. Tesla’s board, just weeks ago, voted to award him $30 billion in shares to “energise and focus” him.

Please do not grant him a foothold in Britain’s public infrastructure. Whatever his company is planning, it does not have British interests at heart.

Ofgem is accepting public comments on Tesla’s application until close of business on Friday, August 22, 2025.

Illustration: Artist Dominic Wilcox’s Stained Glass Driverless Sleeper Car..

Magic math balls

So many ironies, so little time. According to the Financial Times (and syndicated at Ars Technica), the US government, which itself has traditionally demanded law enforcement access to encrypted messages and data, is pushing the UK to drop its demand that Apple weaken its encryption. Normally, you want to say, Look here, countries are entitled to have their own laws whether the US likes it or not. But this is not a law we like!

This all began in February, when the Washington Post reported that the UK’s Home Office had issued Apple with a Technical Capability Notice. Issued under the Investigatory Powers Act (2016) and supposed to be kept secret, the TCN demanded that Apple undermine the end-to-end encryption used for iCloud’s Advanced Data Protection feature. Much protest ensued, followed by two legal cases in front of the Investigatory Powers Tribunal, one brought by Apple, the other by Privacy International and Liberty. WhatsApp has joined Apple’s legal challenge.

Meanwhile, Apple withdrew ADP in the UK. Some people argued this didn’t really matter, as few used it, which I’d call a failure of user experience design rather than an indication that people didn’t care about it. More of us saw it as setting a dangerous precedent for both encryption and the use of secret notices undermining cybersecurity.

The secrecy of TCNs is clearly wrong and presents a moral hazard for governments that may prefer to keep vulnerabilities secret so they can take advantage for surveillance purposes. Hopefully, the Tribunal will eventually agree and force a change in the law. The Foundation for Information Policy Research (obDisclosure: I’m a FIPR board member) has published a statement explaining the issues.

According to the Financial Times, the US government is applying a sufficiently potent threat of tariffs to lead the UK government to mull how to back down. Even without that particular threat, it’s not clear how much the UK can resist. As Angus Hanton documented last year in the book Vassal State, the US has many well-established ways of exerting its influence here. And the vectors are growing; Keir Starmer’s Labour government seems intent on embedding US technology and companies into the heart of government infrastructure despite the obvious and increasing risks of doing so. When I read Hanton’s book earlier this year, I thought remaining in the EU might have provided some protection, but Caroline Donnelly warns at Computer Weekly that they, too, are becoming dangerously dependent on US technology, specifically Microsoft.

It’s tempting to blame everything on the present administration, but the reality is that the US has long used trade policy and treaties to push other countries into adopting laws regardless of their citizens’ preferences.

***

As if things couldn’t get any more surreal, this week the Trump administration *also* issued an executive order banning “woke AI” in the federal government. AI models are in future supposed to be “politically neutral”. So, as Kevin Roose writes at the New York Times, the culture wars are coming for AI.

The US president is accusing chatbots of “Marxist lunacy”, where the rest of the world calls them inaccurate, biased toward repeating and expanding historical prejudices, and inconsistent. We hear plenty about chatbots adopting Nazi tropes; I haven’t heard of one promoting workers’ and migrants’ rights.

If we know one thing about AI models it’s that they’re full of crap all the way down. The big problem is that people are deploying them anyway. At the Canary, Steve Topple reports that the UK’s Department of Work and Pensions admits in a newly-published report that its algorithm for assessing whether benefit claimants might commit fraud is ageist and and racist. A helpful executive order would set must-meet standards for *accuracy*. But we do not live in those times.

The Guardian reports that two more Trump EOs expedite building new data centers, promote exports of American AI models, expand the use of AI in the federal government, and intend to solidify US dominance in the field. Oh, and Trump would really like if it people would stop calling it “artificial” and find a new name. Seven years ago, aspirational intelligence” seemed like a good idea. But that was back when we heard a lot about incorporating ethics. So…”magic math ball”?

These days, development seems to proceed ethics-free. DWP’s report, for example, advocates retraining its flawed algorithm but says continuing to operate it is “reasonable and proportionate”. In 2021, for European Digital Rights Initiative, Agathe Balayn and Seda Gürses found, “Debiasing locates the problems and solutions in algorithmic inputs and outputs, shifting political problems into the domain of design, dominated by commercial actors.” In other words, no matter what you think is “neutral”, training data, model, and algorithms are only as “neutral” as their wider context allows them to be.

Meanwhile, nothing to curb the escalating waste. At 404 Media, Emanuel Maiberg finds that Spotify is publishing AI-generated songs from dead artists without anyone’s’ permission. On Monday, MSNBC’s Rachel Maddow told viewers that there’s so much “AI slop ” about her that they’ve posted Is That Really Rachel? to catalog and debunk them.

As Ed Zitron writes, the opportunity costs are enormous.

In the UK, the US, and many other places, data centers are threatening the water supply.

But sure, let’s make more of that.

Illustrations: Magic 8 ball toy (via frankieleon at Wikimedia).

Wendy M. Grossman is an award-winning journalist. Her website 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 or Bluesky.

Sovereign

On May 19, a group of technologists, researchers, economists, and scientists published an open letter calling on British prime minister Keir Starmer to prioritize the development of “sovereign advanced AI capabilities through British startups and industry”. I am one of the many signatories. Britain’s best shot at the kind of private AI research lab under discussion was Deepmind, sold to Google in 2014; the country has nothing now that’s domestically owned. ”

Those with long memories know that Leo was the first computer used for a business application – running Lyons tea rooms. In the 1980s, Britain led personal computing.

But the bigger point is less about AI in specific and more about information technology generally. At a panel at Computers, Privacy, and Data Protection in 2022, the former MEP Jan Philipp Albrecht, who was the special rapporteur for the General Data Protection Regulation, outlined his work building up cloud providers and local hardware as the Minister for Energy, Agriculture, the Environment, Nature and Digitalization of Schleswig-Holstein. As he explained, the public sector loses a great deal when it takes the seemingly easier path of buying proprietary software and services. Among the lost opportunities: building capacity and sovereignty. While his organization used services from all over the world, it set its own standards, one of which was that everything must be open source,

As the events of recent years are making clear, proprietary software fails if you can’t trust the country it’s made in, since you can’t wholly audit what it does. Even more important, once a company is bedded in, it can be very hard to excise it if you want to change supplier. That “customer lock-in” is, of course, a long-running business strategy, and it doesn’t only apply to IT. If we’re going to spend large sums of money on IT, there’s some logic to investing it in building up local capacity; one of the original goals in setting up the Government Digital Service was shifting to smaller, local suppliers instead of automatically turning to the largest and most expensive international ones.

The letter calls relying on US technology companies and services a “national security risk. Elsewhere, I have argued that we must find ways to build trusted systems out of untrusted components, but the problem here is more complex because of the sensitivity of government data. Both the US and China have the right to command access to data stored by their companies, and the US in particular does not grant foreigners even the few privacy rights it grants its citizens.

It’s also long past time for countries to stop thinking in terms of “winning the AI race”. AI is an umbrella term that has no single meaning. Instead, it would be better to think in terms of there being many applications of AI, and trying to build things that matter.

***

As predicted here two years ago, AI models are starting to collapse, Stephen J. Vaughan writes at The Register.

The basic idea is that as the web becomes polluted with synthetically-generated data, the quality of the data used to train the large language models degrades, so the models themselves become less useful. Even without that, the AI-with-everything approach many search engines are taking is poisoning their usefulness. Model collapse just makes it worse.

We would point out to everyone frantically adding “AI” to their services that the historical precedents are not on their side. In the late 1990s, every site felt it had to be a portal, so they all had search, and weather, and news headlines, and all sorts of crap that made it hard to find the search results. The result? Google disrupted all that with a clean, white page with no clutter (those were the days). Users all switched. Yahoo is the most obvious survivor from that period, and I think it’s because it does have some things – notably financial data – that it does extremely well.

It would be more satisfying to be smug about this, but the big issue is that companies are going on spraying toxic pollution over the services we all need to be able to use. How bad does it have to get before they stop?

***

At Privacy Law Scholars this week, in a discussion of modern corporate oligarchs and their fantasies of global domination, an attendee asked if any of us had read the terms of service for Starlink. She wanted to draw out attention to the following passage, under “Governing Law”:

For Services provided to, on, or in orbit around the planet Earth or the Moon, this Agreement and any disputes between us arising out of or related to this Agreement, including disputes regarding arbitrability (“Disputes”) will be governed by and construed in accordance with the laws of the State of Texas in the United States. For Services provided on Mars, or in transit to Mars via Starship or other spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities. Accordingly, Disputes will be settled through self-governing principles, established in good faith, at the time of Martian settlement.

Reminder: Starlink has contracts worth billions of dollars to provide Internet infrastructure in more than 100 countries.

So who’s signing this?

Illustrations: The Martian (Ray Walston) in the 1963-1966 TV series My Favorite Martian.

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 or Bluesky.

Dangerous corner

This year’s Computers. Privacy, and Data Protection conference arrived at a crossroads moment. The European Commission, wanting to compete to “win the AI race”, is pursuing an agenda of simplification. Based on a recent report by former European Central Bank president Mario Draghi, it’s looking to streamline or roll back some of the regulation the EU is famous for.

Cue discussion of “The Brussels Effect”, derived from The California Effect, which sees compliance with regulation voluntarily shift towards the strictest regime. As Mireille Hildebrandt explained in her opening keynote, this phenomenon requires certain conditions. In the case of data protection legislation, that means three things: that companies will comply with the most stringent rules to ensure they are universally compliant, and that they want and need to compete in the EU. If you want your rules to dominate, it seems like a strategy. Except: China’s in-progress data protection regime may well be the strongest when it’s complete, but in that very different culture it will include no protection against the government. So maybe not a winning game?

Hildebrandt went on to prove with near-mathematical precision that an artificial general intelligence can never be compatible with the General Data Protection Regulation – AGI is “based on an incoherent conceptualization” and can’t be tested.

“Systems built with the goal of performing any task under any circumstances are fundamentally unsafe,” she said. “They cannot be designed for safety using fundamental engineering principles.”

AGI failing to meet existing legal restrictions seems minor in one way, since AGI doesn’t exist now, and probably never will. But as Hildebrandt noted, huge money is being poured into it nonetheless, and the spreading impact of that is unavoidable even if it fails.

The money also makes politicians take the idea seriously, which is the likely source of the EU’s talk of “simplification” instead of fundamental rights. Many fear that forthcoming simplification packages will reopen GDPR with a view to weakening the core principles of data minimization and purpose limitation. As one conference attendee asked, “Simplification for whom?”

In a panel on conflicting trends in AI governance, Shazeda Ahmed agreed: “There is no scientific basis around the idea of sentient AI, but it’s really influential in policy conversations. It takes advantage of fear and privileges technical knowledge.”

AI is having another impact technology companies may not have notidced yet: it is aligning the interests of the environmental movement and the privacy field.

Sustainability and privacy have often been played off against each other. Years ago, for example, there were fears that councils might inspect household garbage for elements that could have been recycled. Smart meters may or may not reduce electricity usage, but definitely pose privacy risks. Similarly, many proponents of smart cities stress the sustainability benefits but overlook the privacy impact of the ubiquitous sensors.

The threat generative AI poses to sustainability is well-documented by now. The threat the world’s burgeoning data centers pose to the transition to renewables is less often clearly stated and it’s worse than we might think. Claude Turmes, for example, highlighted the need to impose standards for data centers. Where an individual is financially incentivized to charge their electric vehicle at night and help even out the load on the grid, the owners of data centers don’t care. They just want the power they need – even if that means firing up coal plants to get it. Absent standards, he said, “There will be a whole generation of data centers that…use fossil gas and destroy the climate agenda.” Small nuclear power reactors, which many are suggesting, won’t be available for years. Worse,, he said, the data centers refuse to provide information to help public utilities plan despite their huge cosumption.

Even more alarming was the panel on the conversion of the food commons into data spaces. So far, most of what I had heard about agricultural data revolved around precision agriculture and its impact on farm workers, as explored in work (PDF) by Karen Levy, Solon Barocas, and Alexandra Mateescu. That was plenty disturbing, covering the loss of autonomy as sensors collect massive amounts of fine-grained information, everything from soil moisture to the distribution of seeds and fertilizer.

Much more alarming to see Monja Sauvagerd connect up in detail the large companies that are consolidating our food supply into a handful of platforms. Chinese government-owned Sinochem owns Syngenta; John Deere expanded by buying the machine learning company Blue River; and in 2016 Bayer bought Monsanto.

“They’re blurring the lines between seeds, agrichemicals, bio technology, and digital agriculture,” Sauvagerd said. So: a handful of firms in charge of our food supply are building power based on existing concentration. And, selling them cloud and computing infrastructure services, the array of big technology platforms that are already dangerously monopolistic. In this case, “privacy”, which has always seemed abstract, becomes a factor in deciding the future of our most profoundly physical system. What rights should farmers have to the data their farms generate?

In her speech, Hildebrandt called the goals of TESCREAL – transhumanism, extropianism, singularitarianism, cosmism, rationalist ideology, effective altruism, and long-termism – “paradise engineering”. She proposed three questions for assessing new technologies: What will it solve? What won’t it solve? What new problems will it create? We could add a fourth: while they’re engineering paradise, how do we live?

Illustrations: Brussels’ old railway hub, next to its former communications hub, the Maison de la Poste, now a conference center.