I'm coming to COLORADO! Catch me in DENVER on Jan 22 at The Tattered Cover<, and in COLORADO SPRINGS from Jan 23–25 where I'm the Guest of Honor at COSine. Then I'll be in OTTAWA on Jan 28 at Perfect Books and in TORONTO with Tim Wu on Jan 30.
Samantha: This town has a weird smell that you're all probably used to…but I'm not.
Mrs Krabappel: It'll take you about six weeks, dear.
-The Simpsons, "Bart's Friend Falls in Love," S3E23, May 7, 1992
We are living through weird times, and they've persisted for so long that you probably don't even notice it. But these times are not normal.
Now, I realize that this covers a lot of ground, and without detracting from all the other ways in which the world is weird and bad, I want to focus on one specific and pervasive and awful way in which this world is not normal, in part because this abnormality has a defined cause, a precise start date, and an obvious, actionable remedy.
6 years, 5 months and 22 days after Fox aired "Bart's Friend Falls in Love," Bill Clinton signed a new bill into law: the Digital Millennium Copyright Act of 1998 (DMCA).
Under Section 1201 of the DMCA, it's a felony to modify your own property in ways that the manufacturer disapproves of, even if your modifications accomplish some totally innocuous, legal, and socially beneficial goal. Not a little felony, either: DMCA 1201 provides for a five year sentence and a $500,000 fine for a first offense.
Back when the DMCA was being debated, its proponents insisted that their critics were overreacting. They pointed to the legal barriers to invoking DMCA 1201, and insisted that these new restrictions would only apply to a few marginal products in narrow ways that the average person would never even notice.
But that was obvious nonsense, obvious even in 1998, and far more obvious today, more than a quarter-century on. In order for a manufacturer to criminalize modifications to your own property, they have to satisfy two criteria: first, they must sell you a device with a computer in it; and second, they must design that computer with an "access control" that you have to work around in order to make a modification.
For example, say your toaster requires that you scan your bread before it will toast it, to make sure that you're only using a special, expensive kind of bread that kicks back a royalty to the manufacturer. If the embedded computer that does the scanning ships from the factory with a program that is supposed to prevent you from turning off the scanning step, then it is a felony to modify your toaster to work with "unauthorized bread":
If this sounds outlandish, then a) You definitely didn't walk the floor at CES last week, where there were a zillion "cooking robots" that required proprietary feedstock; and b) You haven't really thought hard about your iPhone (which will not allow you to install software of your choosing):
But back in 1998, computers – even the kind of low-powered computers that you'd embed in an appliance – were expensive and relatively rare. No longer! Today, manufacturers source powerful "System on a Chip" (SoC) processors at prices ranging from $0.25 to $8. These are full-fledged computers, easily capable of running an "access control" that satisfies DMCA 1201.
Likewise, in 1998, "access controls" (also called "DRM," "technical protection measures," etc) were a rarity in the field. That was because computer scientists broadly viewed these measures as useless. A determined adversary could always find a way around an access control, and they could package up that break as a software tool and costlessly, instantaneously distribute it over the internet to everyone in the world who wanted to do something that an access control impeded. Access controls were a stupid waste of engineering resources and a source of needless complexity and brittleness:
But – as critics pointed out in 1998 – chips were obviously going to get much cheaper, and if the US Congress made it a felony to bypass an access control, then every kind of manufacturer would be tempted to add some cheap SoCs to their products so they could add access controls and thereby felonize any uses of their products that cut into their profits. Basically, the DMCA offered manufacturers a bargain: add a dollar or two to the bill of materials for your product, and in return, the US government will imprison any competitors who offer your customers a "complementary good" that improves on it.
It's even worse than this: another thing that was obvious in 1998 was that once a manufacturer added a chip to a device, they would probably also figure out a way to connect it to the internet. Once that device is connected to the internet, the manufacturer can push software updates to it at will, which will be installed without user intervention. What's more, by using an access control in connection with that over-the-air update mechanism, the manufacturer can make it a felony to block its updates.
Which means that a manufacturer can sell you a device and then mandatorily update it at a later date to take away its functionality, and then sell that functionality back to you as a "subscription":
Here's what this all means: any manufacturer who devotes a small amount of engineering work and incurs a small hardware expense can extinguish private property rights altogether.
What do I mean by private property? Well, we can look to Blackstone's 1753 treatise:
The right of property; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.
You can't own your iPhone. If you take your iPhone to Apple and they tell you that it is beyond repair, you have to throw it away. If the repair your phone needs involves "parts pairing" (where a new part won't be recognized until an Apple technician "initializes" it through a DMCA-protected access control), then it's a felony to get that phone fixed somewhere else. If Apple tells you your phone is no longer supported because they've updated their OS, then it's a felony to wipe the phone and put a different OS on it (because installing a new OS involves bypassing an "access control" in the phone's bootloader). If Apple tells you that you can't have a piece of software – like ICE Block, an app that warns you if there are nearby ICE killers who might shoot you in the head through your windshield, which Apple has barred from its App Store on the grounds that ICE is a "protected class" – then you can't install it, because installing software that isn't delivered via the App Store involves bypassing an "access control" that checks software to ensure that it's authorized (just like the toaster with its unauthorized bread).
It's not just iPhones: versions of this play out in your medical implants (hearing aid, insulin pump, etc); appliances (stoves, fridges, washing machines); cars and ebikes; set-top boxes and game consoles; ebooks and streaming videos; small appliances (toothbrushes, TVs, speakers), and more.
Increasingly, things that you actually own are the exception, not the rule.
And this is not normal. The end of ownership represents an overturn of a foundation of modern civilization. The fact that the only "people" who can truly own something are the transhuman, immortal colony organisms we call "Limited Liability Corporations" is an absolutely surreal reversal of the normal order of things.
It's a reversal with deep implications: for one thing, it means that you can't protect yourself from raids on your private data or ready cash by adding privacy blockers to your device, which would make it impossible for airlines or ecommerce sites to guess about how rich/desperate you are before quoting you a "personalized price":
It also means you can't stop your device from leaking information about your movements, or even your conversations – Microsoft has announced that it will gather all of your private communications and ship them to its servers for use by "agentic AI":
https://www.youtube.com/watch?v=0ANECpNdt-4
Microsoft has also confirmed that it provides US authorities with warrantless, secret access to your data:
This is deeply abnormal. Sure, greedy corporate control freaks weren't invented in the 21st century, but the laws that let those sociopaths put you in prison for failing to arrange your affairs to their benefit – and your own detriment – are.
But because computers got faster and cheaper over decades, the end of ownership has had an incremental rollout, and we've barely noticed that it's happened. Sure, we get irritated when our garage-door opener suddenly requires us to look at seven ads every time we use the app that makes it open or close:
But societally, we haven't connected that incident to this wider phenomenon. It stinks here, but we're all used to it.
It's not normal to buy a book and then not be able to lend it, sell it, or give it away. Lending, selling and giving away books is older than copyright. It's older than publishing. It's older than printing. It's older than paper. It is fucking weird (and also terrible) (obviously) that there's a new kind of very popular book that you can go to prison for lending, selling or giving away.
We're just a few cycles away from a pair of shoes that can figure out which shoelaces you're using, or a dishwasher that can block you from using third-party dishes:
It's not normal, and it has profound implications for our security, our privacy, and our society. It makes us easy pickings for corporate vampires who drain our wallets through the gadgets and tools we rely on. It makes us easy pickings for fascists and authoritarians who ally themselves with corporate vampires by promising them tax breaks in exchange for collusion in the destruction of a free society.
I know that these problems are more important than whether or not we think this is normal. But still. It. Is. Just. Not. Normal.
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
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The world needs an Ireland for disenshittification
I'm coming to COLORADO! Catch me in DENVER on Jan 22 at The Tattered Cover<, and in COLORADO SPRINGS from Jan 23–25 where I'm the Guest of Honor at COSine. Then I'll be in OTTAWA on Jan 28 at Perfect Books and in TORONTO with Tim Wu on Jan 30.
Ireland is a tax haven. In the 1970s and 1980s, life in the civil-war wracked country was hard – between poverty, scarce employment and civil unrest, the country hemorrhaged its best and brightest. As the saying went, "Ireland's top export is the Irish."
In desperation, Ireland's political class hit on a wild gambit: they would weaponize Ireland's sovereignty in service to corporate tax evasion. Companies that pretended to establish their headquarters in Ireland would be able to hoard their profits, evading their tax obligations to every other country in the world:
A single country – poor, small, at the literal periphery of a continent – was able to foundationally transform the global order. Any company that has enough money to pretend to be Irish can avoid 25-35% in tax, giving it an unbeatable edge against competitors that lack the multinational's superpower of magicking all its profits into a state of untaxable grace somewhere over the Irish Sea.
The effect this had on Ireland is…mixed. The Irish state is thoroughly captured by the corporations that pretend to call Ireland home. Anything those corporations want, Ireland must deliver, lest the footloose companies up sticks and start pretending to be Cypriot, Luxembourgeois, Maltese or Dutch. This is why Europe's landmark privacy law, the GDPR, has had no effect on America's tech giants. They pretend to be Irish, and Ireland lets them get away with breaking European law. The Irish state even hires these companies' executives to regulate their erstwhile employers:
But there is no denying that Ireland has managed to turn the world's taxable trillions into its own domestic billions. The fact that Ireland is cashing out less than 1% of what it's costing everyone else is terrible for the world's tax systems and competitive markets, but it's been a massive windfall for Ireland, and has lifted the country out of its centuries of colonial poverty and privation.
There are many lessons to be learned from Ireland's experiment with regulatory arbitrage, but one is unequivocal: even a small, poor, disintegrating nation can change the world system by offering a site where you can do things that you can't do anywhere else, and if it does, that poor nation can grow wealthy and comfortable.
What's more, there are plenty of "things that you can't do anywhere else" that are very good. It's not just corporate tax evasion.
First among these things that you can't do anywhere else: it's a crime in virtually every country on earth to modify America's defective, enshittified, privacy-invading, money-stealing technology exports. That's because the US trade representative has spent the past 25 years using the threat of tariffs to bully all of America's trading partners into adopting "anti-circumvention" laws:
There is nothing good about this. The fact that local businesses can't sell you a privacy blocker, an alternative client, a diagnostic tool, a spare part, a consumable, or even software for your American-made devices leaves you defenseless before US tech's remorseless campaign of monetary and informational plunder – and it means that your economy is denied the benefits of creating and exporting these incredibly desirable, profitable products.
Incredibly, Trump deliberately blew up this multi-trillion dollar system of US commercial advantage. By chaotically imposing and rescinding and re-imposing tariffs on the world, he has neutralized the US trade rep's tariff threats. Foreign firms just can't count on exporting to America anymore, so the threat of (more) tariffs grows less intimidating by the minute:
The time is ripe for the founding of a disenshittification nation, an Ireland for disenshittification. I have no doubt that eventually, most or all of the countries in the world will drop their anti-circumvention laws (the laws that ban the modification of US tech exports). Once one country starts making these disenshittifying tools, there'll be no way to prevent their export, since all it takes to buy one of these tools from a circumvention haven is an internet connection and a payment method.
Once everyone in your country is buying and using jailbreaking tools from abroad, there'll be no point in keeping these laws on your own books. But the first country to get there stands a chance of establishing a durable first-mover advantage – of reaping hundreds of billions selling disenshittifying products around the world. That country could be to enshittification-resistant technology what Finland was to mobile phones during the Nokia decade (and wouldn't you know it, the EU's newly minted "Tech Sovereignty" czar is a Finn!):
The world has experimented with many kinds of havens over the centuries. In the early 18th century, Madagascar became a haven for British naval deserters, who were adopted into the island's matriarchal clans. Together, they founded an anarchist pirate utopia:
The global system of trade has allowed America's tech companies to steal and hoard trillions, and to put every country at risk of being bricked when their IT systems are switched off at a single word from Trump:
There are more than 200 countries in the world. There's also an ever-expanding cohort of brilliant international technologists whose Silicon Valley dreams have turned into a nightmare of being shot in the face by an ICE goon, or being kidnapped, separated from their families and being locked up in a Salvadoran slave-labor prison. These techies are looking for the next place to put down roots and "make a dent in the universe." Lots of countries could be that place.
The Ireland for disenshittification wouldn't just have their pick of international technologists – they'd have plenty of Americans hungering for a better life. Two-thirds of young Americans "are considering leaving the US":
Ireland pulled off its tax-haven gambit by making influential people very rich, so that they would go to bat for Ireland. The Ireland for disenshittification will have the same chance. The new tech companies that unlock US Big Tech's trillions and turn them into their own billions (with the remainder being shared by us, tech users, in the form of lower prices and better products) will be a powerful bloc in support of this project.
Ireland showed us: it just takes one country to defect from this global prisoner's dilemma, and then everything is up for grabs.
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
I'm on a tour with my new book Enshittification: catch me next in Los Angeles, Calgary and San Francisco! Full schedule here.
Even though he's the darkest of clouds, Trump has some deeply weird silver linings, formed out of a combination of his self-owning isolationism and blunt aggression.
In my quarter-century as a digital activist, I've had cause to work in more than 30 countries. Wherever I went, I'd meet with policymakers about the rules they should be thinking about in order to make their technology work better for their countries. Every single time, they'd agree politely with me, but insist that making any kind of tech-improving rules was impossible, because the US trade representative would kick their teeth in if they tried.
For all of this century, the USTR has been one of the greatest global impediments to a better world, hopping from country to country, demanding policies that would protect American tech firms from foreign competitors – especially the kind of competitor who would improve on American tech products by protecting users' privacy, consumer rights or labor rights while they used them.
The most glaring example of this are "anticircumvention laws." Under these laws, it's illegal to modify any technology that has any kind of anti-modification defenses. In other words, if the manufacturer draws a kind of virtual dotted line around part of the product's software and labels it, "Do not look inside this box," then it becomes illegal to do so, even if you're trying to do something that's otherwise legal.
That means that if your printer is designed to reject generic ink, you can't change the code that verifies the ink cartridge. There's no law that says, "You have to buy your ink from the same company that sold you your printer," but if HP adds any kind of anti-modification measure to its ink-checking code, then disabling that code becomes a serious crime.
Now, these laws are obviously an invitation to mischief. They are used to prevent independent repair of everything from tractors to cars to phones to games consoles to ventilators. They're used to stop you from blocking ads or surveillance on your phone or "smart" TV. They keep you locked into manufacturers' app stores, payment systems and other add-ons, which means that you are constantly being ripped off with junk fees, and you can't install the software of your choosing, including software that will help you avoid being kidnapped by masked thugs and sent to a secret torture prison:
The US passed the first of these laws in 1998, when Bill Clinton signed the Digital Millennium Copyright Act. As the ink was still drying on Clinton's signature, the US trade rep started racing around the world, demanding that America's trading partners adopt their own version of the law:
As these laws were adopted around the world, US tech giants were given carte blanche to extract more money and data from their global users. American users were getting ripped off too, of course (they were the first victims of Big Tech), but at least the US stock market reaped the benefit of Big Tech's incredibly lucrative scams. But for America's trading partners, anticircumvention was an entirely losing proposition: their people got ripped off for their data and their money, and their tech companies couldn't go into business selling products to disenshittify America's cash-and-data extraction machines.
So why did America's trading partners agree to anticircumvention law? Well, that was down to the tender ministrations of the US trade rep. Countries that didn't pass anticircumvention were threatened with US tariffs.
I used to occasionally guest-lecture at an international relations grad program at the Central European University in Budapest, and one summer, I had a student who had served as the information minister to a Central American country while the US was negotiating the Central American Free Trade Agreement (CAFTA). This student described getting a phone call from their country's chief negotiator who said, "I know you told me not to budge on anticircumvention, but the USTR tells me that if we don't give them this, they will block our agricultural exports. I'm sorry." Country by country, the world fell into line.
When someone tells you, "You'd better do what I say or I'm going to burn your house down," and then they burn your house down, you'd be an absolute sucker if you kept up your part of the bargain.
I find it absolutely bizarre that the USTR spent decades racing around the world, getting every country on earth to sign up to "America First" policies by threatening them with tariffs, and then Trump actually imposed the tariffs anyway, which has opened up the space for every country to get rid of those America First policies.
Of course, that's not all Trump has done. He's also made it abundantly clear that he considers America's (former) allies to be geopolitical and economic competitors, and that US tech is one of the primary weapons he will use to wage war on the world. He got Canadian Prime Minister Mark Carney to cave on taxing Big Tech, which means that they'll be able to go on cheating on their taxes, while Canadian companies won't be able to, which means Canada's tech sector will never be able to compete:
https://www.bbc.com/news/articles/cd0vv2pe7ydo
Trump has also ordered the EU to scrap its new tech antitrust laws, the Digital Markets Act and the Digital Services Act, which aim to open up space for European competitors to US tech:
But more than that, Trump and US tech have teamed up to attack and deplatform public officials that Trump has beef with. Take Karim Khan, chief prosecutor of the International Criminal Court in the Hague. Khan swore out a criminal complaint and arrest warrant for the génocidaire Benjamin Netanyahu, and Trump sanctioned Khan. Then, Microsoft cut off Khan's access to his account, nuking his email, calendar, address book and files:
For officials all over the world, the message couldn't be clearer: Trump sees you as the enemy, and he will use American tech companies to cut you off at the knees if you don't roll over for him.
Enter the Eurostack. This is an initiative from the EU that seeks to fund and deploy open source equivalents to the platforms that the European public, its businesses and its governments are currently locked into:
Thus far, Eurostack's focus has been on building those Made-in-the-EU alternatives to the US tech stack, and on financing data-center rollout. But very shortly, Eurostack advocates are going to hit a wall.
Escaping from US Big Tech isn't merely a matter of having another service to move your data and interactions to. You also have to have a way to transition from the old, US service to the new Eurostack equivalent.
No government ministry, no business, no individual is going to manually copy-and-paste thousands (or millions) of documents out of Microsoft, Apple or Google's cloud into the Eurostack. No one is going to individually move all the edit histories, email chains, and file permissions over. These files and data-structures are essential to the people who created them, and they often contain sensitive information and compliance data that is illegal to delete.
Sure, the EU could try to order American Big Tech companies to create export tools so that Europeans can easily retrieve their data in formats that can be faithfully imported into Eurostack services, but we can already see how that will play out.
Last year's Digital Markets Act contains a modest set of "interoperability" requirements that require big US companies like Apple to open up their platforms to rival app stores and payment processors. Apple's monopoly over iPhone apps is a big deal – it lets the company structure the market for software in Europe, without any accountability or limits, and Apple extracts a 30% tax on every euro that changes hands via an iOS app. Globally, Apple makes more than $100b/year from this "app tax."
When the EU passed a law aimed at halting this racket, Apple lost its mind. First, they proposed a "solution" to this that was so onerous and tortured that it was a kind of sick joke:
Now, Apple has filed 18 legal challenges to any interoperability mandate under the DMA:
https://eur-lex.europa.eu/eli/C/2025/5213/oj/eng
If this is how an American tech company responds to a small-potatoes order to give Europeans more choice over how they use their own devices and data, imagine what these US giants will do if the EU orders them to open up their platforms so people can leave altogether!
The only plausible path from US Big Tech to the Eurostack runs straight through anticircumvention. The EU needs to repeal Article 6 of the Copyright Directive, a law it passed at the behest of the US Trade Representative, to protect the rent-extraction tactics of American tech companies. We need to make it legal for European technologists to reverse-engineer the American tech platforms' websites and apps so that Europeans can get their data out of America's tech silos and into open, sovereign, privacy-respecting, consumer rights-preserving, worker-protecting Eurostack versions.
Building the Eurostack without thinking about migration tools is a recipe for disappointment. It's like building housing for East Germans…in West Berlin, without sparing a thought for how those East Germans are going to get to the new apartment blocks.
The good news is, there's no reason to keep Article 6 of the Copyright Directive on the books. The law has always been a wreck. It's one of the primary barriers to Right to Repair: companies now build devices with "access controls" on their parts. Even after you install a new part into a device, it won't start working until the manufacturer's representative unlocks it (for a hefty fee). Under anticircumvention laws like EUCD Article 6, it's illegal to bypass these locks.
What's more, the digital locks that EUCD 6 protects are almost all to be found in American products. Only a handful of EU manufacturers rely on these, and they use them to in terrible ways. Volkswagen used the fact that it was illegal to reverse-engineer its engines to disguise the fact that it was cheating on its emissions tests, and the resulting "Dieselgate" scandal killed thousands of Europeans:
Newag, a Polish train manufacturer, boobytraps the trains they sell. When these trains sense that they have been taken to a competitor's train-yard for maintenance, they render themselves inoperable. Newag then charges thousands of euros to remotely "repair" their own sabotage. When this was revealed by a team of independent security researchers, Newag used claims under EUCD 6 in an attempt to intimidate them into silence:
Mercedes won't let you unlock your new car's full acceleration capability unless you pay them a monthly subscription fee, and any mechanic who tries to bypass this and give you your whole engine's capability violates EUCD 6. BMW won't let you use the feature that auto-dims your high-beams when there's oncoming traffic, and once again, that can't be fixed by another company because of EUCD 6:
Any business that relies on EUCD 6 is garbage and should be killed with fire. The global champions of this legal sabotage are all American, but the EU companies that copied their business models are also trash and the EU should be terminating them with extreme prejudice.
It's pretty remarkable that we've forgotten about the kind of reverse-engineering that EUCD 6 bans. This used to be totally normal. Providing tools to move data from one system to another – without permission from your old vendor – is a completely legitimate business.
The only reason we forgot that this stuff existed is that the US trade rep spent 25 years lobotomizing us all, threatening us with tariffs if we dared to do anything that disrupted American Big Tech. With those companies, it's always "disruption for thee, never for me."
In a few short months, Trump has sown the seeds of the destruction of one of the most world's pernicious "America First" systems. Now, it's in the EU's power to send it to a long-overdue grave.
"Mr Cook, Mr Nadella, Mr Ellison, Mr Pichai – tear down that wall!"
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
