I'm on a tour with my new book Enshittification: catch me next in San Francisco, Portland and Seattle! Full schedule here.
Remember when we were all worried that Huawei had filled our telecoms infrastructure with listening devices and killswitches? It sure would be dangerous if a corporation beholden to a brutal autocrat became structurally essential to your country's continued operations, huh?
In other, unrelated news, earlier this month, Trump's DoJ ordered Apple and Google to remove apps that allowed users to report ICE's roving gangs of masked thugs, who have kidnapped thousands of our neighbors and sent them to black sites:
Apple and Google capitulated. Apple also capitulated to Trump by removing apps that collect hand-verified, double-checked videos of ICE violence. Apple declared ICE's thugs to be a "protected class" that may not be disparaged in apps available to Apple's customers:
Of course, iPhones can (technically) run apps that Apple doesn't want you to run. All you have to do is "jailbreak" your phone and install an independent app store. Just one problem: the US Trade Rep bullied every country in the world into banning jailbreaking, meaning that if Trump (a man who never met a grievance that was too petty to pursue) orders Tim Cook (a man who never found a boot he wouldn't lick) to remove apps from your country's app store, you won't be able to get those apps from anyone else:
Now, you could get your government to order Apple to open up its platform to third-party app stores, but they will not comply – instead, they'll drown your country in spurious legal threats:
Of course, Google's no better. Not only do they capitulate to every demand from Trump, but they're also locking down Android so that you'll no longer be allowed to install apps unless Google approves of them (meaning that Trump now has a de facto veto over your Android apps):
For decades, China hawks have accused Chinese tech giants of being puppeteered by the Chinese state, vehicles for projecting Chinese state power around the world. Meanwhile, the Chinese state has declared war on its tech companies, treating them as competitors, not instruments:
When it comes to US foreign policy, every accusation is a confession. Snowden showed us how the US tech giants were being used to wiretap virtually every person alive for the US government. More than a decade later, Microsoft has been forced to admit that they will still allow Trump's lackeys to plunder Europeans' data, even if that data is stored on servers in the EU:
Microsoft is definitely a means for the US to project its power around the world. When Trump denounced Karim Khan, the Chief Prosecutor of the International Criminal Court, for indicting Netanyahu for genocide, Microsoft obliged by nuking Khan's email, documents, calendar and contacts:
This is exactly the kind of thing Trump's toadies warned us would happen if we let Huawei into our countries. Every accusation is a confession.
But it's worse than that. The very worst-case speculative scenario for Huawei-as-Chinese-Trojan-horse is infinitely better than the non-speculative, real ways in which the US has killswitched and bugged the world's devices.
Take CALEA, a Clinton-era law that requires all network switches to be equipped with law-enforcement back-doors that allow anyone who holds the right credential to take over the switch and listen in, block, or spoof its data. Virtually every network switch manufactured is CALEA-compliant, which is how the NSA was able to listen in on the Greek Prime Minister's phone calls to gain competitive advantage for the competing Salt Lake City Olympic bid:
CALEA backdoors are a single point of failure for the world's networking systems. Nominally, CALEA backdoors are under US control, but the reality is that lots of hackers have exploited CALEA to attack governments and corporations, inside the US and abroad. Remember Salt Typhoon, the worst-ever hacking attack on US government agencies and large corporations? The Salt Typhoon hackers used CALEA as their entry point into those networks:
US monopolists – within Trump's coercive reach – control so many of the world's critical systems. Take John Deere, the ag-tech monopolist that supplies the majority of the world's tractors. By design, those tractors do not allow the farmers who own them to alter their software. That's so John Deere can force farmers to use Deere's own technicians for repairs, and so that Deere can extract soil data from farmers' tractors to sell into the global futures market.
A tractor is a networked computer in a fancy, expensive case filled with whirling blades, and at any time, Deere can reach into any tractor and permanently immobilize it. Remember when Russian looters stole those Ukrainian tractors and took them to Chechnya, only to have Deere remotely brick their loot, turning the tractors into multi-ton paperweights? A lot of us cheered that high-tech comeuppance, but when you consider that Donald Trump could order Deere to do this to all the tractors, on his whim, this gets a lot more sinister:
Any government thinking about the future of geopolitics in an era of Trump's mad king fascism should be thinking about how to flash those tractors – and phones, and games consoles, and medical implants, and ventilators – with free and open software that is under its owner's control. The problem is that every country in the world has signed up to America's ban on jailbreaking.
In the EU, it's Article 6 of the Copyright Directive. In Mexico, it's the IP chapter of the USMCA. If Central America, it's via CAFTA. In Australia, it's the US-Australia Free Trade Agreement. In Canada, it's 2012's Bill C-11, which bans Canadian farmers from fixing their own tractors, Canadian drivers from taking their cars to a mechanic of their choosing, and Canadian iPhone and games console owners from choosing to buy their software from a Canadian store:
These anti-jailbreaking laws were designed as a tool of economic extraction, a way to protect American tech companies' sky-high fees and rampant privacy invasions by making it illegal, everywhere, for anyone to alter how these devices work without the manufacturer's permission.
But today, these laws have created clusters of deep-seated infrastructural vulnerabilities that reach into all our digital devices and services, including the digital devices that harvest our crops, supply oxygen to our lungs, or tell us when Trump's masked shock-troops are hunting people in our vicinity.
It's well past time for a post-American internet. Every device and every service should be designed so that the people who use them have the final say over how they work. Manufacturers' back doors and digital locks that prevent us from updating our devices with software of our choosing were never a good idea. Today, they're a catastrophe.
The world signed up to these laws because the US threatened them with tariffs if they didn't do as they were told. Well, happy Liberation Day, everyone. The US told the world to pass America's tech laws or face American tariffs.
When someone threatens to burn down your house unless you do as you're told, and then they burn your house down anyway, you don't have to keep doing what they told you.
When Putin invaded Ukraine, he inadvertently pushed the EU to accelerate its solarization efforts, to escape their reliance on Russian gas, and now Europe is a decade ahead of schedule in meeting its zero-emissions goals:
Today, another mad dictator is threatening the world's infrastructure. For the rest of the world to escape dictators' demands, they will have to accelerate their independence from American tech – not just Russian gas. A post-American internet starts with abandoning the laws that give US companies – and therefore Trump – a veto over how your technology works.
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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Antiusurpation and the road to disenshittification
THIS WEEKEND (November 8-10), I'll be in TUCSON, AZ: I'm the GUEST OF HONOR at the TUSCON SCIENCE FICTION CONVENTION.
Nineties kids had a good reason to be excited about the internet's promise of disintermediation: the gatekeepers who controlled our access to culture, politics, and opportunity were crooked as hell, and besides, they sucked.
For a second there, we really did get a lot of disintermediation, which created a big, weird, diverse pluralistic space for all kinds of voices, ideas, identities, hobbies, businesses and movements. Lots of these were either deeply objectionable or really stupid, or both, but there was also so much cool stuff on the old, good internet.
Then, after about ten seconds of sheer joy, we got all-new gatekeepers, who were at least as bad, and even more powerful, than the old ones. The net became Tom Eastman's "Five giant websites, each filled with screenshots of the other four." Culture, politics, finance, news, and especially power have been gathered into the hands of unaccountable, greedy, and often cruel intermediaries.
Oh, also, we had an election.
This isn't an election post. I have many thoughts about the election, but they're still these big, unformed blobs of anger, fear and sorrow. Experience teaches me that the only way to get past this is to just let all that bad stuff sit for a while and offgas its most noxious compounds, so that I can handle it safely and figure out what to do with it.
While I wait that out, I'm just getting the job done. Chop wood, carry water. I've got a book to write, Enshittification, for Farar, Straus, Giroux's MCD Books, and it's very nearly done:
Compartmentalizing my anxieties and plowing that energy into productive work isn't necessarily the healthiest coping strategy, but it's not the worst, either. It's how I wrote nine books during the covid lockdowns.
And sometimes, when you're not staring directly at something, you get past the tunnel vision that makes it impossible to see its edges, fracture lines, and weak points.
So I'm working on the book. It's a book about platforms, because enshittification is a phenomenon that is most visible and toxic on platforms. Platforms are intermediaries, who connect buyers and sellers, creators and audiences, workers and employers, politicians and voters, activists and crowds, as well as families, communities, and would-be romantic partners.
There's a reason we keep reinventing these intermediaries: they're useful. Like, it's technically possible for a writer to also be their own editor, printer, distributor, promoter and sales-force:
But without middlemen, those are the only writers we'll get. The set of all writers who have something to say that I want to read is much larger than the set of all writers who are capable of running their own publishing operation.
The problem isn't middlemen: the problem is powerful middlemen. When an intermediary gets powerful enough to usurp the relationship between the parties on either side of the transaction, everything turns to shit:
A dating service that faces pressure from competition, regulation, interoperability and a committed workforce will try as hard as it can to help you find Your Person. A dating service that buys up all its competitors, cows its workforce, captures its regulators and harnesses IP law to block interoperators will redesign its service so that you keep paying forever, and never find love:
Multiply this a millionfold, in every sector of our complex, high-tech world where we necessarily rely on skilled intermediaries to handle technical aspects of our lives that we can't – or shouldn't – manage ourselves. That world is beholden to predators who screw us and screw us and screw us, jacking up our rents:
(Maybe this is a post about the election after all?)
The difference between a helpmeet and a parasite is power. If we want to enjoy the benefits of intermediaries without the risks, we need policies that keep middlemen weak. That's the opposite of the system we have now.
Take interoperability and IP law. Interoperability (basically, plugging new things into existing things) is a really powerful check against powerful middlemen. If you rely on an ad-exchange to fund your newsgathering and they start ripping you off, then an interoperable system that lets you use a different exchange will not only end the rip off – it'll make it less likely to happen in the first place because the ad-tech platform will be afraid of losing your business:
Interoperability means that when Amazon rips off audiobook authors to the tune of $100m, those authors can pull their books from Amazon and sell them elsewhere and know that their listeners can move their libraries over to a different app:
But interoperability has been in retreat for 40 years, as IP law has expanded to criminalize otherwise normal activities, so that middlemen can use IP rights to protect themselves from their end-users and business customers:
https://locusmag.com/2020/09/cory-doctorow-ip/
That's what I mean when I say that "IP" is "any law that lets a business reach beyond its own walls and control the actions of its customers, competitors and critics."
For example, there's a pernicious law 1998 US law that I write about all the time, Section 1201 of the Digital Millennium Copyright Act, the "anticircumvention law." This is a law that felonizes tampering with copyright locks, even if you are the creator of the undelying work.
So Amazon – the owner of the monopoly audiobook platform Audible – puts a mandatory copyright lock around every audiobook they sell. I, as an author who writes, finances and narrates the audiobook, can't provide you, my customer, with a tool to remove that lock. If I do so, I face criminal sanctions: a five year prison sentence and a $500,000 fine for a first offense:
In other words: if I let you take my own copyrighted work out of Amazon's app, I commit a felony, with penalties that are far stiffer than the penalties you would face if you were to simply pirate that audiobook. The penalties for you shoplifting the audiobook on CD at a truck-stop are lower than the penalties the author and publisher of the book would face if they simply gave you a tool to de-Amazon the file. Indeed, even if you hijacked the truck that delivered the CDs, you'd probably be looking at a shorter sentence.
This is a law that is purpose-built to encourage intermediaries to usurp the relationship between buyers and sellers, creators and audiences. It's a charter for parasitism and predation.
But as bad as that is, there's another aspect of DMCA 1201 that's even worse: the exemptions process.
You might have read recently about the Copyright Office "freeing the McFlurry" by granting a DMCA 1201 exemption for companies that want to reverse-engineer the error-codes from McDonald's finicky, unreliable frozen custard machines:
Under DMCA 1201, the Copyright Office hears petitions for these exemptions every three years. If they judge that anticircumvention law is interfering with some legitimate activity, the statute empowers them to grant an exemption.
When the DMCA passed in 1998 (and when the US Trade Rep pressured other world governments into passing nearly identical laws in the decades that followed), this exemptions process was billed as a "pressure valve" that would prevent abuses of anticircumvention law.
But this was a cynical trick. The way the law is structured, the Copyright Office can only grant "use" exemptions, but not "tools" exemptions. So if you are granted the right to move Audible audiobooks into a third-party app, you are personally required to figure out how to do that. You have to dump the machine code of the Audible app, decompile it, scan it for vulnerabilities, and bootstrap your own jailbreaking program to take Audible wrapper off the file.
No one is allowed to help you with this. You aren't allowed to discuss any of this publicly, or share a tool that you make with anyone else. Doing any of this is a potential felony.
In other words, DMCA 1201 gives intermediaries power over you, but bans you from asking an intermediary to help you escape another abusive middleman.
This is the exact opposite of how intermediary law should work. We should have rules that ban intermediaries from exercising undue power over the parties they serve, and we should have rules empowering intermediaries to erode the advantage of powerful intermediaries.
The fact that the Copyright Office grants you an exemption to anticircumvention law means nothing unless you can delegate that right to an intermediary who can exercise it on your behalf.
A world without publishing intermediaries is one in which the only writers who thrive are the ones capable of being publishers, too, and that's a tiny fraction of all the writers with something to say.
A world without interoperability intermediaries is one in which the only platform users who thrive are also skilled reverse-engineering ninja hackers – and that's an infinitesimal fraction of the platform users who would benefit from interoperabilty.
Let this be your north star in evaluating platform regulation proposals. Platform regulation should weaken intermediaries' powers over their users, and strengthen their power over other middlemen.
Put in this light, it's easy to see why the ill-informed calls to abolish Section 230 of the Communications Decency Act (which makes platform users, not platforms, responsible for most unlawful speech) are so misguided:
If we require platforms to surveil all user speech and block anything that might violate any law, we give the largest, most powerful platforms a permanent advantage over smaller, better platforms, run by co-ops, hobbyists, nonprofits local governments, and startups. The big platforms have the capital to rig up massive, automated surveillance and censorship systems, and the only alternatives that can spring up have to be just as big and powerful as the Big Tech platforms we're so desperate to escape:
This is especially grave given the current political current, where fascist politicians are threatening platforms with brutal punishments for failing to censor disfavored political views.
Anyone who tells you that "it's only censorship when the government does it" is badly confused. It's only a First Amendment violation when the government does it, sure – but censorship has always relied on intermediaries. From the Inquisition to the Comics Code, government censors were only able to do their jobs because powerful middlemen, fearing state punishments, blocked anything that might cross the line, censoring far beyond the material actually prohibited by the law:
We live in a world of powerful, corrupt middlemen. From payments to real-estate, from job-search to romance, there's a legion of parasites masquerading as helpmeets, burying their greedy mouthparts into our tender flesh:
But intermediaries aren't the problem. You shouldn't have to stand up your own payment processor, or learn the ins and outs of real-estate law, or start your own single's bar. The problem is power, not intermediation.
As we set out to build a new, good internet (with a lot less help from the US government than seemed likely as recently as last week), let's remember that lesson: the point isn't disintermediation, it's weak intermediation.
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:
