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"only fools worship their tools..." Dee Hock







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Wednesday, January 22, 2003
 

Welcome to the Blogosphere!

This is cool. Java applet presents you with a navigable globe. Click on an area and lists of weblogs from that area appear. A work in progress, as they point out on the site's blog (also worth a look if you are a cybernaut), but a sign of... things to come. (thanks again Howard! Via Smart Mobs)

I should point out the seductive nature of the web experience: The blog mentioned above took me to Mark Pesce's webspace which contains much of interest, and from there it a was a simple mouseclick away to the Yeschaton site, which gathers news of cutting-edge trends in science, and then I was poised to click on and go to -- but wait, no, I gotta stop now, I have to pull out, get back Loretta, I have to post, no time for the future, I'm drowning in the infinite now, I'm swimming in its crystalline waters, and my essence is pure, safely contained, and factory sealed for your protection. Can you see it coming? Can you relate? If so, see a doctor immediately.


7:25:59 PM    comment []

Renaissance Now: Save the Public Domain! (kuro5hin.org)

"In Eldred v. Ashcroft (previous story), the United States Supreme Court decided that the 'limited times' clause in the US constitution should not be taken all too literally. Copyright is now, for all practical purposes, perpetual. Perhaps, if a prolific young writer of your childhood died in a tragic accident immediately after writing his first book, you might actually live to see the release of a 'contemporary' work into the public domain. Copyright is 'life of the author plus 70 years'.

We may have lost a battle, but we can still win the war. With Larry Lessig's blessing, I have set up a mailing list (and associated wiki page) devoted to the specific issue of international copyright term reform. This is an issue we can all agree on. This is a cause we can rally around. This is where we can prove if this Internet thing can really make a difference or not. We have to try." [kuro5hin.org]

6:52:35 PM    comment []

After the Copyright Smackdown: What Next? (Siva Vaidhyanathan)

"When the U.S. Supreme Court ruled Wednesday that Congress was within its constitutional bounds to extend the duration of all copyrights by 20 years -- up to 70 years beyond the life of the author and potentially infinitely -- many saw the ruling as a knockout blow to the movement to reform copyright. "

...

"As is so often the case, the best rallying cry came from a dissenter in the case. Justice Stephen Breyer wrote: "It is easy to understand how the statute might benefit the private financial interests of corporations or heirs who won existing copyrights. But I cannot find any constitutionally legitimate, copyright-related way in which the statute will benefit the public." This is the key to any public interest movement: Show that narrow special interests are getting away with everything and the public interest is suffering. "

...

"[Justice Ruth Bader] Ginsburg's expression of faith in the power of the idea/expression dichotomy and fair use does not recognize that both these rights are under attack in Congress and lower courts right now. The motion picture, music, publishing, and software industries are trying to expand their control over the machines in your home to limit the uses you might make of material you have lawfully purchased. "

...

"Ginsburg made one more statement that public interest advocates can take to heart and use for their purposes. While dismissing the petitioners' First Amendment concerns, she wrote, "But when, as in this case, Congress has not altered the traditional contours of copyright protection, further First Amendment scrutiny is unnecessary." As a matter of fact, the 1998 Digital Millennial Copyright Act did just that. By outlawing technologies that could break through access controls around digital materials, Congress created a whole new technological regime and a new set of powers for copyright holders to use against scholars, librarians, students and artists. This shift in the locus of enforcement from human relations to hard technology has certainly "altered the traditional contours of copyright protection."

...

"The vehicles for reform come in many colors. There are rumblings among religious communities that are tired of being harassed for singing protected songs at gatherings and threatened for painting protected cartoon characters on their nursery school walls. Conservative and family groups have taken an interest in technologies that allow them to make and view "clean" edits of Hollywood films. Scholars are increasingly angered by restrictions on research and the high cost of reproducing images. And when consumers find it's not so easy to use the format of their choice to record all their favorite shows for later viewing or to take their music to the gym they are going to be angry as well."

(www.salon.com)


6:45:30 PM    comment []

Microsoft Loses Showdown in Houston

When Microsoft approached the City of Houston with an ultimatum - sign a new $12 million license agreement or face a potentially costly audit - the company encountered unexpected the results. Instead of complying, the city chose to invest in a relatively untested suite of office programs that so far has proven to be lighter, cheaper and more accessible. The SimDesk suite allows users to access and edit documents from anywhere using the Web, since the program is server-based rather than installed on individual PCs. Currently, the software is available to half of all city employees as well as in the public libraries, giving Houstonians access to the free software. Chicago is seeking grants to extend SimDesk to libraries and schools. Proposals for similar rollouts exist in Denver and New York. (via the Interesting People list)

http://www.usatoday.com/tech/news/2003-01-21-simdesk-cover_x.htm
SimDesk: http://www.simdesk.com/


5:57:40 PM    comment []

Palladium Explained

This is a long post, but it offers a very clear description of Microsoft's forthcoming Palladium technology and it's implications for us as users and creators of software. The original posting can be found here.

I am going to start an area on this site with links and resources on these and other threats to our rights as consumers, to our purity of essence. This article will most definitely be in there. Read on if you need to understand one of the bad things that are on the verge of happening:

Date: Fri, 10 Jan 2003 10:44:23 +0000

>There is a lot of speculation here which is not based on facts. PD will  give you the capability to protect some subsets of your system from  damage. Imagine having a fire proof safe in your house. Your house can still burn down and your safe will still protect your documents that are stored in there. Having the safe does not enable the people who sold you the safe know what is stored in there.

The problem is that in this case the safe salesman is the only person with unrestricted access to the safe. Let's keep in mind an important characteristic of a real safe: only the safe's owner can access its contents.

Let's talk about two system subsets: OS data and user data.

Pd protects OS data by only allowing MS-signed code to modify it. From a system-level standpoint, the OS must decide whether or not a specific process is allowed to access a certain data structure based on the information it has about that process. In a traditional system, the OS only has information about which user launched it, and so the process has the effective privileges of the user. This is a problem because a user can inadvertently run virus code just as easily as that user can run windows update. In a Pd system, the OS can also decide whether or not the software is MS-approved by looking at its digital signature. Note, however, that making MS's digital signature the sole possible "passport" to elevated privileges locks the user out of making any changes to the "protected areas", since the user does not have access to MS's private key.

In the context of the safe analogy, this would mean that the owner of the safe does not even have its combination. If the owner wants to open the safe and modify its contents, it must contact the safe's vendor, and ask that a representative of that company be sent out to dial open the safe. Even then, only the representative can go inside.

Fortunately, there is another way to prevent viruses while still allowing the user full access to the system owned by that user. Instead of creating a system where the OS must decide whether or not a piece of software may access system files based on whether or not it carries MS's digital signature, the OS could keep a list of approved signatures, modifiable by the user, that would grant a program proper permission to modify OS code and data. By guaranteeing that only the user can add digital signatures to that list and not programs (like it now guarantees that when the user presses ctrl-alt-delete, it really is the system responding with a login prompt), users could still have full access to the system without risking exposure to hostile code, at least without jumping through an elaborate set of hoops at the direct instruction of the (then unprivileged) malicious code.

Why didn't MS take this approach? Well, by only allowing code signed by MS access to the OS, MS has made itself a choke point for new drivers and hardware, as well as propped up its DRM system (which I'll get to later). Imagine that one day OpenGL 2.0 is ratified as a full standard. Once hardware engineers are able to tear their eyes away from the hordes of flying pigs outside the office, those engineers, at the suggestion of an aging but still active John Carmack, start work on the latest graphics card and accompanying drivers with support for OpenGL 2.0. After many years of hard work (hey, they happen to be the same people who worked on Duke Nukem Forever, it's to be expected), the new board is completely designed and ready for the market, and the drivers are written. OpenGL 2.0 apps perform between 5% and 10% better than Direct3D apps on the same system. This is what the designers had in mind, as everything coming out of Id Software is still OpenGL only, and Id is still very much on top of the 3D FPS engine industry. In a non-Pd environment, the company would have a viable product that they could put on the market themselves or sell to graphics card manufacturers. However, in a market where Pd is pervasive, they have a problem: their drivers aren't signed, and a Pd system won't install them without a signature. So they send them off to the Windows Hardware Quality Labs to get them certified at a cost of (say) a couple thousand dollars. Ka-Ching for MS. A month later, they get the reference card back in the mail, with a note that says:

"Direct3D support still has a few significant bugs. Please work them out and resubmit."

Right. Translation: "OpenGL is faster than Direct3D. This is not ok with us." Left without any recourse, the developers load up the source code for their drivers, add a few delay loops in the OpenGL code, and recompile. OpenGL performance is now 5% behind Direct3D. Again, the company submits the reference board to the WHQL along with the new drivers, and a month later they get a cd back in the mail. It's a signed binary, and a note that says, "Thank you for your cooperation. In the future, smaller driver binaries would be appreciated." Translation: "Don't bother including OpenGL support in your next card's drivers. They will not be signed."

It's a huge win for MS. Since every driver must be signed, the WHQL department can really rake in the dough, and competing (read: portable) technologies like OpenGL are eventually crushed. For media professionals, substitute an mpeg4 capture/encoder card for a graphics accelerator in the above example.

Even though users will feel the effects of such restrictions on hardware, Pd's iron-fisted control of OS software can affect users more directly. Take daemon tools, for example. When Diablo II first came out, consumers were in for a shock. It sported the latest version of a cd-based copy protection mechanism, and so duplication of the "Play Disc" was impossible at that time. This created an interesting dilemma: How could people who had legally purchased the game avoid having to risk scratching the original CD if they could not back up onto another CD-R and play from that? In a broader sense, how could anyone without a CD burner protect any of their discs? Anyone can learn to be exceptionally careful, but accidents are called accidents because they're not planned. Duplication for backup purposes was legal, but it didn't seem possible. Enter daemon tools -- a software package that would emulate a dvd-rom attached to a scsi adapter inside the computer. By reading the entire contents of the disc onto their hard drives with the help of comprehensive reading software, and then "mounting" this image with daemon tools, Diablo II players could enjoy D2 with the actual game CD tucked safely away inside its jewel case. If Pd had been around when D2 came out, this would not have been possible. Installation of daemon tools requires that its fake scsi driver be installed and recognized by windows.

Daemon tools is freeware, available at no charge from a group of dedicated developers who believe that people should be able to exercise their fair use rights. They don't have the money to pay for WHQL certification, and if by some miracle they were able to come up with it, MS could always decline to sign the driver.

And that's only what happens as a result of Pd's "protection" of OS files. What about user-level files? It's almost the same story.

I've already laid out the reasons why code must be signed in the Pd model in order to access "protected" data, so I won't repeat that here. Let's assume that the latest version of word uses Pd's protection to keep viruses from destroying a user's files. It can do this because word is signed by MS, and the system knows that it's ok to let the signed executable modify documents that the user owns. What will happen when a competitor to MS office, say OpenOffice, decides to add support for the upcoming XDocs file format? Even if MS fully opens up the structure of the file, I mean documentation and everything, and the OpenOffice crew implements it perfectly, they're still prevented from competing. Why? Their binaries, once again, won't be signed. A user would be able to open a word document in OpenOffice (assuming MS doesn't lock off read access to prevent dangerous worms from exposing private documents as certain worms have in the past), but would be unable to save her work. Quite a few commercial software packages out today ship "trial" versions that don't have a save feature. It kinda tends to cripple the product.

Of course, the above all hinges on whether or not there will be "protection" for user files. The TCPA specs make it pretty clear that there will be OS file protection as described above (because it's necessary to preserve system integrity), but says nothing about user data.

>And if you don't want to have the said safe, then don't use it! Same is true of PD.

Ah, and that's the kicker, isn't it: you can always turn it off. What about when you can't? What the MS promotional materials don't say is than when you turn off your "security components", certain important things break. This system behavior is necessary in order to make DRM "work". At this point I think it would be appropriate to define what DRM means, just for clarity. DRM, or Digital Rights Management (aka Digital Restriction Management) is technology that allows the entity that introduces information into a system implementing that technology to control what other entities are able to do with that information once it is transferred into hardware not under the direct control of the introducing entity. Basically, information control. Some possible applications:

-Online movie rental. The idea is that if a movie studio can have control over its content after it streams it to a customer, the movie studio can be comfortable with renting movies online. (This, incidentally, is very similar to the logic behind the misguided CBDTPA bill.) -Emails with timeouts and limitations. Users could send emails to other users that would delete themselves after a certain amount of time, or not allow copying or printing.

Now, set aside for a moment the issue of how turning off Pd affects the user experience, and consider the implications of such an email system. A boss could send an employee an email ordering him to take a risky business action, and have it deleted after recipient read it. A record, of course, would be kept in the boss's "sent" mailbox. This puts the employee in a double bind: if he doesn't follow the instructions in the email, his boss can proceed with disciplinary action as the boss would have proof the email was received. If he does follow the instructions, and the action is successful, his boss can take the credit. If he does follow the instructions and the action is unsuccessful, costing the company in some way or another, the employee has no record to prove that he was just following orders. His boss can delete the email, but the employee can't.

In any case, regardless of the negative experiences a user might have if victimized by a superior through Pd, there is still the issue of reduced functionality when Pd is deactivated with respect to DRM. Basically, the way Pd ensures that content stays in a trusted environment is by querying a machine to see if it is running a trusted OS on trusted hardware before it sends it any managed content. While I won't explain it in great detail here (it would take up _way_ too much space and the specs are freely available online for anyone who wants to read them), each machine contains a Trusted Platform Module (or TPM) which is a little chip soldered onto the motherboard. (Later it will become part of the CPU itself.) This chip contains a key pair generated for use with a public key cryptosystem, and although it can hold many keys in its limited memory, it ships with one already embedded. This sign-only key pair is signed by the hardware manufacturer, signifying that the signed key pair is actually part of a TCPA/Pd system. When TCPA/Pd is deactivated, either by user request or if the CRTM (Core Trusted Root for Measurement) detects that the user is trying to run untrusted software with elevated privileges (e.g. The user is trying to boot GNU/Linux), this chip refuses to give up it's private key to the cpu. This means that when a system with Pd enabled tries to send an email to a system with Pd disabled, the receiving system will not be able to participate in the trusted system challenge-handshake sequence and will not be able to receive the email. A similar sequence of events occurs in an online movie rental scenario when an untrusted system requests a stream, and the server requests verification that the client is running trusted software on trusted hardware.

So what won't work? Well, secure email, online movie rentals, and pretty much any other communication involving "managed" content. In other words, turning off Pd in an environment where Pd is widespread means not being able to get managed information from other systems. Once Pd becomes popular enough, MS can extend its control by causing systems with Pd enabled to treat everything as managed content, even simple things like web pages. Turning off Pd in 2003 is an option. Turning off Pd in 2010 won't be.

>As to the original comment regarding privacy, you are seeing our attempt to document any and all aspects of the system that could concern anyone. So you are going to see us telling a lot more about the capabilities of the player and this can appear overwhelming at first.

And this is a good thing. However, MS is just doing something it should have done a long time ago -- it's in debt to the public for past privacy violations. While I applaud MS for finally releasing a player that can be easily configured not to disclose a user's media viewing preferences, this is more than compensated for by the fact that Pd makes past and present privacy violations look like nothing it all. MS is, for the most part, halfway fixing the lesser of two evils.

>The good news is that you have full knowledge of what we do and the choice to turn one or more of these off if your privacy is more important than the functionality.

Why can't users have privacy and functionality? You know, like they do now if they know how to properly configure WMP's options?

>Competitors probably do the same thing but fail to warn you explicitly about them (and burry the detail in long EULAs).

From a WMP critical update EULA: "* Digital Rights Management (Security). You agree that in order to protect the integrity of content and software protected by digital rights management ("Secure Content"), Microsoft may provide security related updates to the OS Components that will be automatically downloaded onto your computer. These security related updates may disable your ability to copy and/or play Secure Content and use other software on your computer. If we provide such a security update, we will use reasonable efforts to post notices on a web site explaining the update. "

MS's _competitors_ are burying sneaky and unethical terms in EULAs? Realplayer may spew garbage all over my system, but at least Real doesn't demand the legal right to install software on my computer without first receiving my explicit permission or entirely disable software on my computer, all before I can get access to a patch to fix a bug in their software that was only there because they put buggy code on store shelves and sold it at full price.

Then again, maybe Real does do this. I haven't seen their license terms in a while.

>Here is a write-up from CNET on our privacy approach in media player:  http://news.com.com/2100-1023-955514.html. As you see, it is being seen as a very positive move and not negative at all. Here is one quote:   "If the final build looks like the software (that CNET News.com) described, the implication is that Microsoft is taking consumer privacy very seriously indeed and marks a big change for the company," said Jupiter Research analyst Michael Gartenberg."

This article is about WMP9, and notes that it still has a few bugs to work out in terms of privacy. It is not about TCPA/Pd, DRM, or the next version of windows.


5:31:07 PM    comment []

please excuse the crazy font size formatting. I am posting via email, and this is what happens! I will fix this when I get home from work. AH sweet technology, you are my friend and helpmate.
1:31:21 PM    comment []

Telecom undone-a cautionary tale (Peter Huber)

The demise of the telecommunications industry can be traced to a single source-the FCC's own implementation of the Telecommunications Act of 1996. Huber examines how utopianism and meddlesome arrogance on the part of the government have resulted in the near-total collapse of the telecommunications industry. (via
Interesting People)


1:16:52 PM    comment []

May I see Your Papers, Please. (Gene Healy)

"Opponents of new government surveillance measures such as TIA or Operation TIPS, the Justice Department's aborted plan to utilize citizen informants, often invoke the specter of the East German secret police and communist Cuba's block watch system. But we don't have to look to totalitarian states for cautionary tales. There's a long and troubling history of military surveillance in this country. That history suggests that we should loathe allowing the Pentagon access to our personal information. "

"During World War I, concerns about German saboteurs led to unrestrained domestic spying by U.S. Army intelligence operatives. Army spies were given free reign to gather information on potential subversives, and were often empowered to make arrests as special police officers. Occasionally, they carried false identification as employees of public utilities to allow them, as the chief intelligence officer for the Western Department put it, "to enter offices or residences of suspects gracefully, and thereby obtain data." In her book "Army Surveillance in America," historian Joan M. Jensen notes, "What began as a system to protect the government from enemy agents became a vast surveillance system to watch civilians who violated no law but who objected to wartime policies or to the war itself."

The War Department relied heavily on a quasi-private volunteer organization, the American Protective League, composed of self-styled patriots who agreed to inform on their fellow citizens. America's experience with the APL makes clear that civil libertarian concerns about Operation TIPS are, if anything, understated. APL volunteers carried identification cards and tin badges and responded to requests from the War Department for investigation of civilians. By the end of the war the APL had close to a quarter of a million members and had carried out some six million investigations.

At the War Department's request, APL volunteers harassed labor organizers, intimidated and arrested opponents of the draft, and investigated such potential subversives as Mexican-American leaders in Los Angeles, pacifist groups, and antiwar religious sects. Through it all, the army caught exactly one German spy, a naval officer who tried to enter the United States via Nogales, Arizona.

The Army's domestic surveillance activities were substantially curtailed after the end of World War I. But throughout the 20th Century, in periods of domestic unrest and foreign conflict, army surveillance ratcheted up again, most notably in the 1960s. During that tumultuous decade, President Johnson repeatedly called on federal troops to quell riots and restore order. To better perform that task, Army intelligence operatives began compiling thousands of dossiers on citizens, many of whom had committed no offense beyond protesting government policy. Reviewing the files, the Senate Judiciary Committee noted that "comments about the financial affairs, sex lives and psychiatric histories of persons unaffiliated with the armed forces appear throughout the various records systems." Justice William O. Douglas called army surveillance "a cancer in our body politic."

Adm. Poindexter seeks to bring Pentagon surveillance into the 21st Century, replacing the low-tech, labor intensive system relied on in the past with high-tech data-mining techniques. He maintains that "we can achieve the necessary security we need and still have privacy." But given the military's legacy of privacy abuses, such vague assurances are cold comfort.

Some have suggested that Poindexter's record as a former Iran-Contra defendant convicted of five felony counts of lying to Congress disqualify him from his position. But the question isn't whether Poindexter's the right man for the job; it's whether that job should exist in the first place --

(Beware of Total Information Awareness by Gene Healy, Cato Institute)


1:06:24 PM    comment []


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