Gessel On…

ACTA is apparently going into force this month, implementing still secret rules that will make everyone with an internet connection an international criminal in order to protect  people with obsolete business models.  Since the cost and value of publication, editorial review, and syndication have dropped to near zero thanks to the invention of broad direct distribution, the “recording” industry is obsolete.   Why do we need an industry to make records when nobody buys records any more?  The industry has changed business plans to extortion.

But the recording industry has historically made a lot of money and people with money hate giving it up and won’t do so without a fight.  If the population won’t buy the recording industry’s products any more, choosing instead to shoulder the incremental cost of self-publication in a collaborative model, then the recording industry, naturally, turns to increasingly draconian efforts to preserve their revenue stream.  It is far more cost-effective to co-opt the government and exploit public-funded investigatory and prosecutorial resources than to, say, pay private security to break into people’s houses and businesses: as a bonus working though the courts they can seize children’s college funds: keeping kids out of school means they won’t grow up to found competing industries.  If there’s nobody left capable of innovating, there’s no point in the government enforcing that obsolete constitutional thing about “promoting the progress of science and the useful arts.”

Peer-to-peer communications and especially self-publication technologies have always been a threat to the copyright industry. The DMCA was a huge victory for a dead industry and helped preserve it well beyond any economic utility at a tremendous cost to innovation and progress.  But the copyright industry may still win a losing battle by shifting the cost of prosecuting civil infringement to the public and other industries by creating a new class of crime: not optimizing copyright industry profits.

That’s the way this American experiment is supposed to work. If we’re going to export our sweaty paranoia about piracy and our over-reliance on entertainment as the key to our country’s solvency, we ought to at least counterbalance it with a respect for the underpinnings of our democracy

Fight ACTA

https://www.eff.org/issues/acta

The Acela uses a Barracuda Networks filter to prevent people from looking at things they shouldn’t look at on the train, blocking video and large file downloads and generally drawing a draconian moralistic screen in front of the internet.

Given that TOR was invented by the Navy and is embraced by the state department, it seems a bit much to block access to the HOME PAGE.

And don’t visit the Mozilla search page – you might “download” something!

And WTF? dis.org sponsors criminal activity? I wonder if this has more to do with retaliating against Pete’s patent on reactive firewalls that Barracuda is probably infringing than preventing train users from getting access to Yasu user manuals from the late 90s.

Yay censorship! I really want some faceless cadre of morons dictating what information is good for me. No bad can possibly come of that.

On the Media is an excellent resource always, but the second segment of the Apr. 23, 2010 goes over the lack of protection afforded data in the cloud due to the Stored Communications Act, an increasingly important topic.

Current law allows a very low standard for access to “Stored Communication” such as Gmail or Google Docs or any other “cloud service.” It turns out that Google gets about 20 requests for data a day and if an investigator asks for your email they do not need a warrant to get it.

If you don’t own the hardware, you don’t own the data.

Even if the Stored Communications Act is overturned, any data you store on a remote server such as Google’s, is Google’s and not yours. You have no right to get it back, no rights controlling Google’s dissemination of your data or resale thereof. In many cases there is a click through agreement with the service provider which may, for example, state that certain information will be kept private or not sold, but such clauses are typically superseded by statements claiming the right to rewrite the agreement without notification.

For example, FaceBook might change default privacy settings such that information you stored on their server with the understanding that it would be kept private is later exposed to search engines and indexed and thus made public, thereby increasing search traffic to their site, and thus to their advertisers.

FaceBook did not give, and was not required to give any particular notice. The data you put on their servers is theirs, not yours.

Don’t put data in the “cloud” you don’t want to be public. Google Docs is not a replacement for Open Office on your own hardware. Companies don’t make any money offering you free, private compute resources and storage; these services are profitable by exploiting the value of your information. In the long run it is probably cheaper to buy your own hardware.

Side note: in this excellent episode of OTM, they also cover the GAO’s pooping all over the MPAA/RIAA linkage between guerrilla antitrust (unauthorized copying) and economic problems. OTM also points out the linkage between the asinine ruling against the FCC and Net Neutrality, which is a free speech disaster, and worse still the MPAA/RIAA efforts to create a world-wide three-strikes rule to extort money to replace the money they used to be able to generate with their obsolete business model.

Hey, wow… sure, techdirt isn’t the WSJ, but for a blog it is somewhat authoritative and they’re actually noting that fact that we grant temporary monopolies to creators not as property (or to preserve jobs or to fund private jets for industry execs) but solely to promote the progress of science and the useful arts. Any IP law that retards the progress of science and the useful arts, no matter how many jobs or corporate jets it saves, is unconstitutional. Tell Victoria Espinel that she should be sworn to upholding the constitution, not the corporate profits.

This is relevant now because the press was just kicked out of the anti-”piracy” summit at the white house (by “piracy,” they of course mean vigilante trust busting, not the corporate pirates of the public domain).

I got an interesting call from 305-800-1000 claiming to represent Verisign. Whoever was calling (“they,” not necessarily Verisign, but I don’t have any reason to doubt that) had reviewed my site and found I was using a CACert certificate, which the caller accurately pointed out generates a warning in most browsers, and accurately pointed out might turn users away for no valid reason whatsoever except that I didn’t pay Verisign for the privelege of using encyrption and FireFox penalizes me for not having done so.

They thought I should “upgrade” to a Verisign cert.

I politely explained that I understood that CACert isn’t included in most default browsers and that it should be and that charging for certificates was a scam and that I absolutely would not be switching and I was doing my part to make the web a better place.  Amazingly, the caller actually seemed to understand my off-script rant and thanked me for my time.

I hate the current cert model.  It is totally broken.  People seem to think that certs work as a trust tool and if only you give people big enough, annoying enough warnings they’ll not trust a free, expired (or perhaps even illegitimate) cert.  The problem is that certs are a pain in the ass.  Recently my BlackBerry started telling me Google Maps’ cert had expired.  Did I not use maps until they fixed it?  Would you?  No, of course not.   You just pick through an extra stupid dialog.  The worst thing about the new FireFox update is the real estate wasted on cert validity and the astonishingly annoying “are you absolutely sure you trust this cert?” dialogs.

The only valid reason for SSL is so that when you’re at a coffee shop or on an untrusted networks, it is harder for people to sniff your passwords.  That’s it. It completely fails as a validity check, no matter how big and red the policeman warning logo is.  It always fails for a number of reasons:

1. A bad cert doesn’t mean anything.  “Green” certs are absurdly expensive (they should be free), expire, and are hard to manage so one frequently finds bad certs on known good sites.
2. A good cert doesn’t  mean anything.  All it means is that the site paid and the URL matches.  But even a place like a bank might have dozens of URLs for different parts of their service and so getting a green cert for www.my-bank.com is just as good as www.mybank.com.  If the site looks the same, most people will log right in to either.
3. Nobody pays any attention anyway.  And they really shouldn’t.

In the end this is a disaster for net neutrality.  There are some interesting debates about FireFox’s new, intrustive dialog boxes.  The cold call I just got is a natural consequence of a FUD policy which in effect reduces interent security to the benefit of people selling certificates FireFox approves.  If it turns out there is financial benefit flowing from the vendors of “approved” certificates to FireFox, I’ll never use it again.   Even without impropriety, I think Mozilla has done a grave disservice to the internet.

This is an important question: where did Worldbeat go? Worldbeat is the essential reference for news about both Penii and angry robots. Without my weekly does of worldbeat, the world seems colder, as if the sun is hidden behind a permanent haze that just won’t clear.

Even if you don’t know Chris Watson’s worldbeat, you want it back because until you get the chance to experience Worldbeat you will never know how bright the sun shines on absurdity. Where else will you learn:

POSTCARDS FROM THE EDGE

In March, a 13-year-old girl sent a letter to her mother. There were, however, some problems this letter. First of all, she didn’t put a stamp on it. Secondly, her mother is dead. And third, the letter was addressed to “Paradise Street, Heaven.” Two days after she mailed the letter, it was returned to her. It came marked “unknown at this address” and with a 1.35 euro fine for the missing stamp. Everyone got all pissy at the French post office, for what was seen as its callous treatment of the girl. Nobody got all pissy at a world that tricks kids into thinking there’s a magical fantasyland where their dead parents are waiting to get mail. Nobody except Worldbeat. Because that’s what we do here.

Michael Cahill of Cambridge Beat wants to know where Chris has gone too. Where is our worldbeat? I stopped by the offices of the Echo Weekly personally and asked, but nobody there knew.

It is time to demand answers! Write the Echo and demand Worldbeat!

Faith in pseudo-science annoys me. As I get older I find myself caring less and less what other people believe and have learned, mostly, to just walk away when people espouse anti-scientific ideas. But every now and then I find myself typing something like:

“While I disagree that there’s anything less than an unprecedented flowering of innovation at an ever increasing pace, there is a risk to further progress in weakened academic structure that has led to an increase in credulity as evidenced by growing embrace of faith in psuedo-science and outright anti-scientific religion. It is not so much that fanciful flights of faith pose any meaningful challenge to good science, rather the pointless waste of resources that ultimately harm the ignorant and drain overall productivity .

“As those who fail to learn from history are doomed to repeat it, so too the directionless flailing of the uneducated repeat past failures and charge enthusiastically into dead ends long ago discovered and mapped in formal curricula. Those who bemoan the exclusion of the uneducated in scientific discourse deserve no more sympathy than obese couch potatoes whining over being excluded from consideration as contenders in marathons. Merely being qualified to appreciate progress requires a modicum of technical literacy, at the least a thorough understanding of scientific method, evidentiary proof, and basic mathematics; an understanding of which is a civic obligation regardless of profession.”

(The comment was not particularly anti-scientific and in true web2.0 abbreviated “update” form, ambiguous and without context. While it is likely a diatribe more in agreement with the original post than contrary to it, so much inspired consonance seems worthy of elevation from throw away comment against an abbreviated status post to the exulted position of “blog post,” in all vanity published glory, untarnished by critical review or editorial attention.)

DTV transition crashes and burns

This is too funny. The FCC sponsored a NASCAR driver to get the message out about the DTV transition on Feb 17 when millions of American’s will suddenly find their TV’s don’t work and all hell will break loose likely causing the collapse of society as we know it. Of course the car crashed in the first race. And the second.

One of my favorite radio shows is On The Media; one of the best shows on the radio. As good as it is every week, the first segment of the January 16th show stands out as amazing. It is a wonderful summary of some of the almost previous administration’s absolutely abhorrent behavior and abject lying. If you’ve forgotten the history of what pathetic scum they were, the first few minutes of the show will remind you of the highlights from Cheney’s disastrous energy commission to the fable of Jessica Lynch and all the rest of the lies and fabrications and constitutional subversions they subjected us to.

Cheney may have used “fuck” in his dismissal of Patrick Lehey, but the weight of that flippant obscenity pales compared to the very deliberate use of “thank.”

Thank you, George Bush. Thank you, everyone who voted for him.

Yesterday a “special edition” of the New York Times was handed out around New York. It is absolutely hilarious and I think one of the better pranks I’ve heard of.

Most of the satire is spot on. Of many examples that I found really amazing, the fake “Friedman” piece is one of my favorites. He was on The Daily show recently promoting his book and I couldn’t contain my disdain for his relentless errors and misinformation. Is there any penalty for being completely wrong? About everything? Yes! Perhaps only in satire, but yes.

The Satire is mostly about Friedman’s errors on Iraq, but he’s been wrong about just about everything: economics, social reality, the role of trade, and, of course, the war in Iraq.

I got a note about it from the Yes Men mailing list, the NYT article (real) about the Times (fake) has some details.