WEBVTT 00:00:08.530 --> 00:00:09.699 Introducer: NOTE Paragraph 00:00:09.699 --> 00:00:16.250 Anyway, I believe I've killed enough time so, ladies and gentlemen, a person who NOTE Paragraph 00:00:16.250 --> 00:00:22.169 in this crowd needs absolutely no introduction, Cory Doctorow! NOTE Paragraph 00:00:22.169 --> 00:00:24.660 [Audience applauds] NOTE Paragraph 00:00:24.660 --> 00:00:25.910 Doctorow: NOTE Paragraph 00:00:25.910 --> 00:00:29.640 Thank you. NOTE Paragraph 00:00:29.640 --> 00:00:36.640 So, when I speak in places where the first language of the nation is not English, NOTE Paragraph 00:00:37.640 --> 00:00:44.268 there is a disclaimer and an apology, because I'm one of nature's fast talkers. When I was NOTE Paragraph 00:00:44.268 --> 00:00:49.679 at the United Nations at the World Intellectual Property Organization, I was known as the NOTE Paragraph 00:00:49.679 --> 00:00:55.550 "scourge" of the simultaneous translation corps; I would stand up and speak, and turn NOTE Paragraph 00:00:55.549 --> 00:00:59.678 around, and there would be window after window of translator, and every one of them would 00:00:59.679 --> 00:01:06.519 be doing this [Doctorow facepalms]. [Audience laughs] So in advance, I give you permission 00:01:06.519 --> 00:01:11.349 when I start talking quickly to do this [Doctorow makes SOS motion] and I will slow down. 00:01:11.349 --> 00:01:17.059 So, tonight's talk -- wah, wah, waaah [Doctorow makes 'fail horn' sound, apparently 00:01:17.060 --> 00:01:22.060 in response to audience making SOS motion; audience laughs]] -- tonight's talk is not 00:01:22.060 --> 00:01:28.600 a copyright talk. I do copyright talks all the time; questions about culture and creativity 00:01:28.599 --> 00:01:33.908 are interesting enough, but to be honest, I'm quite sick of them. If you want to hear 00:01:33.909 --> 00:01:39.210 freelancer writers like me bang on about what's happening to the way we earn our living, by 00:01:39.209 --> 00:01:45.019 all means, go and find one of the many talks I've done on this subject on YouTube. But, 00:01:45.019 --> 00:01:49.989 tonight, I want to talk about something more important -- I want talk to talk about general 00:01:49.989 --> 00:01:52.688 purpose computers. 00:01:52.688 --> 00:01:57.688 Because general purpose computers are, in fact, astounding -- so astounding that our 00:01:57.688 --> 00:02:03.188 society is still struggling to come to grips with them: to figure out what they're for, 00:02:03.188 --> 00:02:09.728 to figure out how to accommodate them, and how to cope with them. Which, unfortunately, 00:02:09.729 --> 00:02:12.319 brings me back to copyright. 00:02:12.318 --> 00:02:17.799 Because the general shape of the copyright wars and the lessons they can teach 00:02:17.800 --> 00:02:23.310 us about the upcoming fights over the destiny of the general purpose computer are important. 00:02:23.310 --> 00:02:30.310 In the beginning, we had packaged software, and the attendant industry, and we had sneakernet. 00:02:31.689 --> 00:02:38.099 So, we had floppy disks in ziplock bags, or in cardboard boxes, hung on pegs in shops, 00:02:38.099 --> 00:02:43.780 and sold like candy bars and magazines. And they were eminently susceptible to duplication, 00:02:43.780 --> 00:02:49.500 and so they were duplicated quickly, and widely, and this was to the great chagrin of people 00:02:49.500 --> 00:02:51.680 who made and sold software. 00:02:51.680 --> 00:02:58.680 Enter DRM 0.96. They started to introduce physical defects to the disks or 00:02:59.430 --> 00:03:05.770 started to insist on other physical indicia which the software could check for -- dongles, 00:03:05.770 --> 00:03:10.659 hidden sectors, challenge/response protocols that required that you had physical possession 00:03:10.659 --> 00:03:17.329 of large, unwieldy manuals that were difficult to copy, and of course these failed, for two 00:03:17.330 --> 00:03:23.090 reasons. First, they were commercially unpopular, of course, because they reduced the usefulness 00:03:23.090 --> 00:03:27.599 of the software to the legitimate purchasers, while leaving the people who took the software 00:03:27.599 --> 00:03:32.789 without paying for it untouched. The legitimate purchasers resented the non-functionality 00:03:32.789 --> 00:03:38.239 of their backups, they hated the loss of scarce ports to the authentication dongles, and they 00:03:38.240 --> 00:03:43.620 resented the inconvenience of having to transport large manuals when they wanted to run their 00:03:43.620 --> 00:03:49.259 software. And second, these didn't stop pirates, who found it trivial to patch the software 00:03:49.259 --> 00:03:55.079 and bypass authentication. Typically, the way that happened is some expert who had possession 00:03:55.080 --> 00:04:00.680 of technology and expertise of equivalent sophistication to the software vendor itself, 00:04:00.680 --> 00:04:05.819 would reverse engineer the software and release cracked versions that quickly became widely 00:04:05.819 --> 00:04:11.629 circulated. While this kind of expertise and technology sounded highly specialized, it 00:04:11.629 --> 00:04:16.750 really wasn't; figuring out what recalcitrant programs were doing, and routing around the 00:04:16.750 --> 00:04:22.639 defects in shitty floppy disk media were both core skills for computer programmers, and 00:04:22.639 --> 00:04:27.300 were even more so in the era of fragile floppy disks and the rough-and-ready early days of 00:04:27.300 --> 00:04:33.660 software development. Anti-copying strategies only became more fraught as networks spread; 00:04:33.660 --> 00:04:38.840 once we had BBSes, online services, USENET newsgroups, and mailing lists, the expertise 00:04:38.839 --> 00:04:43.239 of people who figured out how to defeat these authentication systems could be packaged up 00:04:43.240 --> 00:04:49.639 in software as little crack files, or, as the network capacity increased, the cracked 00:04:49.639 --> 00:04:53.419 disk images or executables themselves could be spread on their own. 00:04:53.420 --> 00:05:00.420 Which gave us DRM 1.0. By 1996, it became clear to everyone in the halls of 00:05:00.480 --> 00:05:06.129 power that there was something important about to happen. We were about to have an information 00:05:06.129 --> 00:05:13.069 economy, whatever the hell that was. They assumed it meant an economy where we bought 00:05:13.069 --> 00:05:19.959 and sold information. Now, information technology makes things efficient, so imagine the markets 00:05:19.959 --> 00:05:25.149 that an information economy would have. You could buy a book for a day, you could sell 00:05:25.149 --> 00:05:29.739 the right to watch the movie for one Euro, and then you could rent out the pause button 00:05:29.740 --> 00:05:35.210 at one penny per second. You could sell movies for one price in one country, and another 00:05:35.209 --> 00:05:41.229 price in another, and so on, and so on; the fantasies of those days were a little like 00:05:41.230 --> 00:05:46.879 a boring science fiction adaptation of the Old Testament book of Numbers, a kind of tedious 00:05:46.879 --> 00:05:52.079 enumeration of every permutation of things people do with information and the ways we 00:05:52.079 --> 00:05:54.019 could charge them for it. 00:05:54.019 --> 00:05:58.870 But none of this would be possible unless we could control how people use their 00:05:58.870 --> 00:06:04.418 computers and the files we transfer to them. After all, it was well and good to talk about 00:06:04.418 --> 00:06:10.089 selling someone the 24 hour right to a video, or the right to move music onto an iPod, but 00:06:10.089 --> 00:06:15.219 not the right to move music from the iPod onto another device, but how the Hell could 00:06:15.220 --> 00:06:19.850 you do that once you'd given them the file? In order to do that, to make this work, you 00:06:19.850 --> 00:06:24.340 needed to figure out how to stop computers from running certain programs and inspecting 00:06:24.339 --> 00:06:29.668 certain files and processes. For example, you could encrypt the file, and then require 00:06:29.668 --> 00:06:34.000 the user to run a program that only unlocked the file under certain circumstances. 00:06:34.000 --> 00:06:40.990 But as they say on the Internet, "now you have two problems". You also, now, 00:06:40.990 --> 00:06:45.050 have to stop the user from saving the file while it's in the clear, and you have to stop 00:06:45.050 --> 00:06:49.639 the user from figuring out where the unlocking program stores its keys, because if the user 00:06:49.639 --> 00:06:53.819 finds the keys, she'll just decrypt the file and throw away that stupid player app. 00:06:53.819 --> 00:06:58.370 And now you have three problems [audience laughs], because now you have to 00:06:58.370 --> 00:07:02.019 stop the users who figure out how to render the file in the clear from sharing it with 00:07:02.019 --> 00:07:07.060 other users, and now you've got four! problems, because now you have to stop the users who 00:07:07.060 --> 00:07:11.709 figure out how to extract secrets from unlocking programs from telling other users how to do 00:07:11.709 --> 00:07:16.829 it too, and now you've got five! problems, because now you have to stop users who figure 00:07:16.829 --> 00:07:20.680 out how to extract secrets from unlocking programs from telling other users what the 00:07:20.680 --> 00:07:22.069 secrets were! 00:07:22.069 --> 00:07:28.909 That's a lot of problems. But by 1996, we had a solution. We had the WIPO Copyright 00:07:28.910 --> 00:07:32.990 Treaty, passed by the United Nations World Intellectual Property Organization, which 00:07:32.990 --> 00:07:37.930 created laws that made it illegal to extract secrets from unlocking programs, and it created 00:07:37.930 --> 00:07:42.250 laws that made it illegal to extract media cleartexts from the unlocking programs while 00:07:42.250 --> 00:07:46.579 they were running, and it created laws that made it illegal to tell people how to extract 00:07:46.579 --> 00:07:51.719 secrets from unlocking programs, and created laws that made it illegal to host copyrighted 00:07:51.720 --> 00:07:58.120 works and secrets and all with a handy streamlined process that let you remove stuff from the 00:07:58.120 --> 00:08:02.728 internet without having to screw around with lawyers, and judges, and all that crap. And 00:08:02.728 --> 00:08:09.728 with that, illegal copying ended forever [audience laughs very hard, applauds], the information 00:08:18.709 --> 00:08:23.489 economy blossomed into a beautiful flower that brought prosperity to the whole wide 00:08:23.490 --> 00:08:29.629 world; as they say on the aircraft carriers, "Mission Accomplished". [audience laughs] 00:08:29.629 --> 00:08:34.490 Well, of course that's not how the story ends because pretty much anyone who 00:08:34.490 --> 00:08:39.629 understood computers and networks understood that while these laws would create more problems 00:08:39.629 --> 00:08:44.179 than they could possibly solve; after all, these were laws that made it illegal to look 00:08:44.179 --> 00:08:49.149 inside your computer when it was running certain programs, they made it illegal to tell people 00:08:49.149 --> 00:08:53.549 what you found when you looked inside your computer, they made it easy to censor material 00:08:53.549 --> 00:08:57.769 on the internet without having to prove that anything wrong had happened; in short, they 00:08:57.769 --> 00:09:04.419 made unrealistic demands on reality and reality did not oblige them. After all, copying only 00:09:04.419 --> 00:09:09.049 got easier following the passage of these laws -- copying will only ever get easier! 00:09:09.049 --> 00:09:14.328 Here, 2011, this is as hard as copying will get! Your grandchildren will turn to you around 00:09:14.328 --> 00:09:18.419 the Christmas table and say "Tell me again, Grandpa, tell me again, Grandma, about when 00:09:18.419 --> 00:09:23.549 it was hard to copy things in 2011, when you couldn't get a drive the size of your fingernail 00:09:23.549 --> 00:09:27.859 that could hold every song ever recorded, every movie ever made, every word ever spoken, 00:09:27.860 --> 00:09:31.919 every picture ever taken, everything, and transfer it in such a short period of time 00:09:31.919 --> 00:09:36.299 you didn't even notice it was doing it, tell us again when it was so stupidly hard to copy 00:09:36.299 --> 00:09:43.299 things back in 2011". And so, reality asserted itself, and everyone had a good laugh over 00:09:43.490 --> 00:09:47.970 how funny our misconceptions were when we entered the 21st century, and then a lasting 00:09:47.970 --> 00:09:52.759 peace was reached with freedom and prosperity for all. [audience chuckles] 00:09:52.759 --> 00:09:57.949 Well, not really. Because, like the nursery rhyme lady who swallows a spider 00:09:57.948 --> 00:10:02.328 to catch a fly, and has to swallow a bird to catch the spider, and a cat to catch the 00:10:02.328 --> 00:10:08.849 bird, and so on, so must a regulation that has broad general appeal but is disastrous 00:10:08.850 --> 00:10:13.928 in its implementation beget a new regulation aimed at shoring up the failure of the old 00:10:13.928 --> 00:10:18.110 one. Now, it's tempting to stop the story here and conclude that the problem is that 00:10:18.110 --> 00:10:23.470 lawmakers are either clueless or evil, or possibly evilly clueless, and just leave it 00:10:23.470 --> 00:10:28.730 there, which is not a very satisfying place to go, because it's fundamentally a council 00:10:28.730 --> 00:10:33.350 of despair; it suggests that our problems cannot be solved for so long as stupidity 00:10:33.350 --> 00:10:38.659 and evilness are present in the halls of power, which is to say they will never be solved. 00:10:38.659 --> 00:10:41.100 But I have another theory about what's happened. 00:10:41.100 --> 00:10:46.220 It's not that regulators don't understand information technology, because it should 00:10:46.220 --> 00:10:52.819 be possible to be a non-expert and still make a good law! M.P.s and Congressmen and so on 00:10:52.818 --> 00:10:58.128 are elected to represent districts and people, not disciplines and issues. We don't have 00:10:58.129 --> 00:11:02.490 a Member of Parliament for biochemistry, and we don't have a Senator from the great state 00:11:02.490 --> 00:11:09.240 of urban planning, and we don't have an M.E.P. from child welfare. (But perhaps we should.) 00:11:09.240 --> 00:11:14.610 And yet those people who are experts in policy and politics, not technical disciplines, nevertheless, 00:11:14.610 --> 00:11:20.028 often do manage to pass good rules that make sense, and that's because government relies 00:11:20.028 --> 00:11:24.850 on heuristics -- rules of thumbs about how to balance expert input from different sides 00:11:24.850 --> 00:11:25.790 of an issue. 00:11:25.789 --> 00:11:30.269 But information technology confounds these heuristics -- it kicks the crap out 00:11:30.269 --> 00:11:36.169 of them -- in one important way, and this is it. One important test of whether or not 00:11:36.169 --> 00:11:40.539 a regulation is fit for a purpose is first, of course, whether it will work, but second 00:11:40.539 --> 00:11:45.248 of all, whether or not in the course of doing its work, it will have lots of effects on 00:11:45.249 --> 00:11:51.619 everything else. If I wanted Congress to write, or Parliament to write, or the E.U. to regulate 00:11:51.619 --> 00:11:56.769 a wheel, it's unlikely I'd succeed. If I turned up and said "well, everyone knows that wheels 00:11:56.769 --> 00:12:01.980 are good and right, but have you noticed that every single bank robber has four wheels on 00:12:01.980 --> 00:12:06.449 his car when he drives away from the bank robbery? Can't we do something about this?", 00:12:06.448 --> 00:12:11.188 the answer would of course be "no". Because we don't know how to make a wheel that is 00:12:11.188 --> 00:12:16.799 still generally useful for legitimate wheel applications but useless to bad guys. And 00:12:16.799 --> 00:12:20.958 we can all see that the general benefits of wheels are so profound that we'd be foolish 00:12:20.958 --> 00:12:26.469 to risk them in a foolish errand to stop bank robberies by changing wheels. Even if there 00:12:26.470 --> 00:12:31.050 were an /epidemic/ of bank robberies, even if society were on the verge of collapse thanks 00:12:31.049 --> 00:12:34.998 to bank robberies, no-one would think that wheels were the right place to start solving 00:12:34.999 --> 00:12:36.149 our problems. 00:12:36.149 --> 00:12:42.470 But. If I were to show up in that same body to say that I had absolute proof 00:12:42.470 --> 00:12:48.300 that hands-free phones were making cars dangerous, and I said, "I would like you to pass a law 00:12:48.299 --> 00:12:52.618 that says it's illegal to put a hands-free phone in a car", the regulator might say "Yeah, 00:12:52.619 --> 00:12:56.499 I'd take your point, we'd do that". And we might disagree about whether or not this is 00:12:56.499 --> 00:13:00.808 a good idea, or whether or not my evidence made sense, but very few of us would say "well, 00:13:00.808 --> 00:13:06.519 once you take the hands-free phones out of the car, they stop being cars". We understand 00:13:06.519 --> 00:13:12.100 that we can keep cars cars even if we remove features from them. Cars are special purpose, 00:13:12.100 --> 00:13:16.860 at least in comparison to wheels, and all that the addition of a hands-free phone does 00:13:16.860 --> 00:13:22.829 is add one more feature to an already-specialized technology. In fact, there's that heuristic 00:13:22.828 --> 00:13:27.479 that we can apply here -- special-purpose technologies are complex. And you can remove 00:13:27.480 --> 00:13:32.569 features from them without doing fundamental disfiguring violence to their underlying utility. 00:13:32.568 --> 00:13:38.308 This rule of thumb serves regulators well, by and large, but it is rendered null 00:13:38.308 --> 00:13:42.868 and void by the general-purpose computer and the general-purpose network -- the PC and 00:13:42.869 --> 00:13:48.230 the Internet. Because if you think of computer software as a feature, that is a computer 00:13:48.230 --> 00:13:52.649 with spreadsheets running on it has a spreadsheet feature, and one that's running World of Warcraft 00:13:52.649 --> 00:13:57.899 has an MMORPG feature, then this heuristic leads you to think that you could reasonably 00:13:57.899 --> 00:14:02.318 say, "make me a computer that doesn't run spreadsheets", and that it would be no more 00:14:02.318 --> 00:14:07.028 of an attack on computing than "make me a car without a hands-free phone" is an attack 00:14:07.028 --> 00:14:12.610 on cars. And if you think of protocols and sites as features of the network, then saying 00:14:12.610 --> 00:14:18.938 "fix the Internet so that it doesn't run BitTorrent", or "fix the Internet so that thepiratebay.org 00:14:18.938 --> 00:14:23.708 no longer resolves", then it sounds a lot like "change the sound of busy signals", or 00:14:23.708 --> 00:14:28.438 "take that pizzeria on the corner off the phone network", and not like an attack on 00:14:28.438 --> 00:14:30.899 the fundamental principles of internetworking. 00:14:30.899 --> 00:14:36.419 Not realizing that this rule of thumb that works for cars and for houses and 00:14:36.419 --> 00:14:41.188 for every other substantial area of technological regulation fails for the Internet does not 00:14:41.188 --> 00:14:45.058 make you evil and it does not make you an ignoramus. It just makes you part of that 00:14:45.058 --> 00:14:50.678 vast majority of the world for whom ideas like "Turing complete" and "end-to-end" are 00:14:50.678 --> 00:14:56.838 meaningless. So, our regulators go off, and they blithely pass these laws, and they become 00:14:56.839 --> 00:15:01.439 part of the reality of our technological world. There are suddenly numbers that we aren't 00:15:01.438 --> 00:15:06.289 allowed to write down on the Internet, programs we're not allowed to publish, and all it takes 00:15:06.289 --> 00:15:11.488 to make legitimate material disappear from the Internet is to say "that? That infringes 00:15:11.489 --> 00:15:15.809 copyright.". It fails to attain the actual goal of the regulation; it doesn't stop people 00:15:15.808 --> 00:15:21.118 from violating copyright, but it bears a kind of superficial resemblance to copyright enforcement 00:15:21.119 --> 00:15:26.959 -- it satisfies the security syllogism: "something must be done, I am doing something, something 00:15:26.958 --> 00:15:32.789 has been done." And thus any failures that arise can be blamed on the idea that the regulation 00:15:32.789 --> 00:15:37.858 doesn't go far enough, rather than the idea that it was flawed from the outset. 00:15:37.859 --> 00:15:42.399 This kind of superficial resemblance and underlying divergence happens in other 00:15:42.399 --> 00:15:46.999 engineering contexts. I've a friend who was once a senior executive at a big consumer 00:15:46.999 --> 00:15:50.928 packaged goods company who told me about what happened when the marketing department told 00:15:50.928 --> 00:15:55.198 the engineers that they'd thought up a great idea for detergent: from now on, they were 00:15:55.198 --> 00:16:00.058 going to make detergent that made your clothes newer every time you washed them! Well after 00:16:00.058 --> 00:16:04.868 the engineers had tried unsuccessfully to convey the concept of "entropy" to the marketing 00:16:04.869 --> 00:16:10.100 department [audience laughs], they arrived at another solution -- "solution" -- they'd 00:16:10.100 --> 00:16:15.959 develop a detergent that used enzymes that attacked loose fiber ends, the kind that you 00:16:15.958 --> 00:16:20.258 get with broken fibers that make your clothes look old. So every time you washed your clothes 00:16:20.259 --> 00:16:25.100 in the detergent, they would look newer. But that was because the detergent was literally 00:16:25.100 --> 00:16:31.100 digesting your clothes! Using it would literally cause your clothes to dissolve in the washing 00:16:31.100 --> 00:16:36.949 machine! This was the opposite of making clothes newer; instead, you were artificially aging 00:16:36.948 --> 00:16:42.828 your clothes every time you washed them, and as the user, the more you deployed the "solution", 00:16:42.828 --> 00:16:47.488 the more drastic your measures had to be to keep your clothes up to date -- you actually 00:16:47.489 --> 00:16:50.720 had to go buy new clothes because the old ones fell apart. 00:16:50.720 --> 00:16:55.129 So today we have marketing departments who say things like "we don't need computers, 00:16:55.129 --> 00:17:00.539 we need... appliances. Make me a computer that doesn't run every program, just a program 00:17:00.539 --> 00:17:05.920 that does this specialized task, like streaming audio, or routing packets, or playing Xbox 00:17:05.920 --> 00:17:10.429 games, and make sure it doesn't run programs that I haven't authorized that might undermine 00:17:10.429 --> 00:17:16.019 our profits". And on the surface, this seems like a reasonable idea -- just a program that 00:17:16.019 --> 00:17:22.679 does one specialized task -- after all, we can put an electric motor in a blender, and 00:17:22.679 --> 00:17:27.059 we can install a motor in a dishwasher, and we don't worry if it's still possible to run 00:17:27.058 --> 00:17:33.490 a dishwashing program in a blender. But that's not what we do when we turn a computer into 00:17:33.490 --> 00:17:38.380 an appliance. We're not making a computer that runs only the "appliance" app; we're 00:17:38.380 --> 00:17:43.870 making a computer that can run every program, but which uses some combination of rootkits, 00:17:43.869 --> 00:17:48.408 spyware, and code-signing to prevent the user from knowing which processes are running, 00:17:48.409 --> 00:17:53.049 from installing her own software, and from terminating processes that she doesn't want. 00:17:53.048 --> 00:17:58.869 In other words, an appliance is not a stripped-down computer -- it is a fully functional computer 00:17:58.869 --> 00:18:02.298 with spyware on it out of the box. 00:18:02.298 --> 00:18:08.750 [audience applauds loudly] Thanks. 00:18:08.750 --> 00:18:14.190 Because we don't know how to build the general purpose computer that is capable 00:18:14.190 --> 00:18:18.538 of running any program we can compile except for some program that we don't like, or that 00:18:18.538 --> 00:18:23.548 we prohibit by law, or that loses us money. The closest approximation that we have to 00:18:23.548 --> 00:18:29.220 this is a computer with spyware -- a computer on which remote parties set policies without 00:18:29.220 --> 00:18:34.220 the computer user's knowledge, over the objection of the computer's owner. And so it is that 00:18:34.220 --> 00:18:37.450 digital rights management always converges on malware. 00:18:37.450 --> 00:18:41.200 There was, of course, this famous incident, a kind of gift to people who have 00:18:41.200 --> 00:18:47.130 this hypothesis, in which Sony loaded covert rootkit installers on 6 million audio CDs, 00:18:47.130 --> 00:18:52.399 which secretly executed programs that watched for attempts to read the sound files on CDs, 00:18:52.398 --> 00:18:56.268 and terminated them, and which also hid the rootkit's existence by causing the kernel 00:18:56.269 --> 00:19:00.819 to lie about which processes were running, and which files were present on the drive. 00:19:00.819 --> 00:19:05.960 But it's not the only example; just recently, Nintendo shipped the 3DS, which opportunistically 00:19:05.960 --> 00:19:10.130 updates its firmware, and does an integrity check to make sure that you haven't altered 00:19:10.130 --> 00:19:15.299 the old firmware in any way, and if it detects signs of tampering, it bricks itself. 00:19:15.298 --> 00:19:20.388 Human rights activists have raised alarms over U-EFI, the new PC bootloader, 00:19:20.388 --> 00:19:25.178 which restricts your computer so it runs signed operating systems, noting that repressive 00:19:25.179 --> 00:19:30.278 governments will likely withhold signatures from OSes unless they have covert surveillance 00:19:30.278 --> 00:19:30.849 operations. 00:19:30.849 --> 00:19:35.178 And on the network side, attempts to make a network that can't be used for copyright 00:19:35.179 --> 00:19:40.710 infringement always converges with the surveillance measures that we know from repressive governments. 00:19:40.710 --> 00:19:47.700 So, SOPA, the U.S. Stop Online Piracy Act, bans tools like DNSSec because they can be 00:19:47.700 --> 00:19:52.519 used to defeat DNS blocking measures. And it blocks tools like Tor, because they can 00:19:52.519 --> 00:19:57.759 be used to circumvent IP blocking measures. In fact, the proponents of SOPA, the Motion 00:19:57.759 --> 00:20:03.119 Picture Association of America, circulated a memo, citing research that SOPA would probably 00:20:03.119 --> 00:20:08.599 work, because it uses the same measures as are used in Syria, China, and Uzbekistan, 00:20:08.599 --> 00:20:12.388 and they argued that these measures are effective in those countries, and so they would work 00:20:12.388 --> 00:20:13.879 in America, too! 00:20:13.880 --> 00:20:20.278 [audience laughs and applauds] Don't applaud me, applaud the MPAA! 00:20:20.278 --> 00:20:26.038 Now, it may seem like SOPA is the end game in a long fight over copyright, and 00:20:26.038 --> 00:20:30.638 the internet, and it may seem like if we defeat SOPA, we'll be well on our way to securing 00:20:30.638 --> 00:20:36.319 the freedom of PCs and networks. But as I said at the beginning of this talk, this isn't 00:20:36.319 --> 00:20:42.648 about copyright, because the copyright wars are just the 0.9 beta version of the long 00:20:42.648 --> 00:20:47.489 coming war on computation. The entertainment industry were just the first belligerents 00:20:47.490 --> 00:20:52.339 in this coming century-long conflict. We tend to think of them as particularly successful 00:20:52.339 --> 00:20:58.609 -- after all, here is SOPA, trembling on the verge of passage, and breaking the internet 00:20:58.609 --> 00:21:04.519 on this fundamental level in the name of preserving Top 40 music, reality TV shows, and Ashton 00:21:04.519 --> 00:21:06.929 Kutcher movies! [laughs, scattered applause] 00:21:06.929 --> 00:21:13.100 But the reality is, copyright legislation gets as far as it does precisely because it's 00:21:13.099 --> 00:21:18.980 not taken seriously, which is why on one hand, Canada has had Parliament after Parliament 00:21:18.980 --> 00:21:23.940 introduce one stupid copyright bill after another, but on the other hand, Parliament 00:21:23.940 --> 00:21:29.639 after Parliament has failed to actually vote on the bill. It's why we got SOPA, a bill 00:21:29.638 --> 00:21:36.638 composed of pure stupid, pieced together molecule-by-molecule, into a kind of "Stupidite 250", which is normally 00:21:37.509 --> 00:21:44.110 only found in the heart of newborn star, and it's why these rushed-through SOPA hearings 00:21:44.109 --> 00:21:48.678 had to be adjourned midway through the Christmas break, so that lawmakers could get into a 00:21:48.679 --> 00:21:55.028 real vicious nationally-infamous debate over an important issue, unemployment insurance. 00:21:55.028 --> 00:22:01.839 It's why the World Intellectual Property Organization is gulled time and again into enacting crazed, 00:22:01.839 --> 00:22:07.089 pig-ignorant copyright proposals because when the nations of the world send their U.N. missions 00:22:07.089 --> 00:22:13.069 to Geneva, they send water experts, not copyright experts; they send health experts, not copyright 00:22:13.069 --> 00:22:17.730 experts; they send agriculture experts, not copyright experts, because copyright is just 00:22:17.730 --> 00:22:24.730 not important to pretty much everyone! [applause] 00:22:27.179 --> 00:22:34.179 Canada's Parliament didn't vote on its copyright bills because, of all the 00:22:34.490 --> 00:22:40.169 things that Canada needs to do, fixing copyright ranks well below health emergencies on first 00:22:40.169 --> 00:22:45.440 nations reservations, exploiting the oil patch in Alberta, interceding in sectarian resentments 00:22:45.440 --> 00:22:49.798 among French- and English-speakers, solving resources crises in the nation's fisheries, 00:22:49.798 --> 00:22:54.929 and thousand other issues! The triviality of copyright tells you that when other sectors 00:22:54.929 --> 00:23:00.559 of the economy start to evince concerns about the internet and the PC, that copyright will 00:23:00.558 --> 00:23:06.629 be revealed for a minor skirmish, and not a war. Why would other sectors nurse grudges 00:23:06.630 --> 00:23:11.659 against computers? Well, because the world we live in today is /made/ of computers. We 00:23:11.659 --> 00:23:15.899 don't have cars anymore, we have computers we ride in; we don't have airplanes anymore, 00:23:15.898 --> 00:23:22.898 we have flying Solaris boxes with a big bucketful of SCADA controllers [laughter]; a 3D printer 00:23:24.409 --> 00:23:30.380 is not a device, it's a peripheral, and it only works connected to a computer; a radio 00:23:30.380 --> 00:23:36.200 is no longer a crystal, it's a general-purpose computer with a fast ADC and a fast DAC and 00:23:36.200 --> 00:23:37.269 some software. 00:23:37.269 --> 00:23:43.200 The grievances that arose from unauthorized copying are trivial, when compared 00:23:43.200 --> 00:23:49.269 to the calls for action that our new computer-embroidered reality will create. Think of radio for a 00:23:49.269 --> 00:23:54.149 minute. The entire basis for radio regulation up until today was based on the idea that 00:23:54.148 --> 00:23:59.178 the properties of a radio are fixed at the time of manufacture, and can't be easily altered. 00:23:59.179 --> 00:24:03.389 You can't just flip a switch on your baby monitor, and turn it into something that interferes 00:24:03.388 --> 00:24:08.609 with air traffic control signals. But powerful software-defined radios can change from baby 00:24:08.609 --> 00:24:13.719 monitor to emergency services dispatcher to air traffic controller just by loading and 00:24:13.720 --> 00:24:18.589 executing different software, which is why the first time the American telecoms regulator 00:24:18.589 --> 00:24:23.878 (the FCC) considered what would happen when we put SDRs in the field, they asked for comment 00:24:23.878 --> 00:24:29.199 on whether it should mandate that all software-defined radios should be embedded in trusted computing 00:24:29.200 --> 00:24:34.778 machines. Ultimately, whether every PC should be locked, so that the programs they run are 00:24:34.778 --> 00:24:37.329 strictly regulated by central authorities. 00:24:37.329 --> 00:24:42.259 And even this is a shadow of what is to come. After all, this was the year in 00:24:42.259 --> 00:24:48.370 which we saw the debut of open sourced shape files for converting AR-15s to full automatic. 00:24:48.369 --> 00:24:53.628 This was the year of crowd-funded open-sourced hardware for gene sequencing. And while 3D 00:24:53.628 --> 00:24:57.750 printing will give rise to plenty of trivial complaints, there will be judges in the American 00:24:57.750 --> 00:25:02.730 South and Mullahs in Iran who will lose their minds over people in their jurisdiction printing 00:25:02.730 --> 00:25:09.509 out sex toys. [guffaw from audience] The trajectory of 3D printing will most certainly raise real 00:25:09.509 --> 00:25:13.409 grievances, from solid state meth labs, to ceramic knives. 00:25:13.409 --> 00:25:17.950 And it doesn't take a science fiction writer to understand why regulators might 00:25:17.950 --> 00:25:23.889 be nervous about the user-modifiable firmware on self-driving cars, or limiting interoperability 00:25:23.888 --> 00:25:28.788 for aviation controllers, or the kind of thing you could do with bio-scale assemblers and 00:25:28.788 --> 00:25:34.240 sequencers. Imagine what will happen the day that Monsanto determines that it's really... 00:25:34.240 --> 00:25:39.000 really... important to make sure that computers can't execute programs that cause specialized 00:25:39.000 --> 00:25:44.940 peripherals to output organisms that eat their lunch... literally. Regardless of whether 00:25:44.940 --> 00:25:50.070 you think these are real problems or merely hysterical fears, they are nevertheless the 00:25:50.069 --> 00:25:54.439 province of lobbies and interest groups that are far more influential than Hollywood and 00:25:54.440 --> 00:25:59.600 big content are on their best days, and every one of them will arrive at the same place 00:25:59.599 --> 00:26:04.928 -- "can't you just make us a general purpose computer that runs all the programs, except 00:26:04.929 --> 00:26:10.019 the ones that scare and anger us? Can't you just make us an Internet that transmits any 00:26:10.019 --> 00:26:14.929 message over any protocol between any two points, unless it upsets us?" 00:26:14.929 --> 00:26:18.879 And personally, I can see that there will be programs that run on general 00:26:18.878 --> 00:26:24.099 purpose computers and peripherals that will even freak me out. So I can believe that people 00:26:24.099 --> 00:26:28.369 who advocate for limiting general purpose computers will find receptive audience for 00:26:28.369 --> 00:26:33.739 their positions. But just as we saw with the copyright wars, banning certain instructions, 00:26:33.740 --> 00:26:39.470 or protocols, or messages, will be wholly ineffective as a means of prevention and remedy; 00:26:39.470 --> 00:26:45.589 and as we saw in the copyright wars, all attempts at controlling PCs will converge on rootkits; 00:26:45.589 --> 00:26:51.480 all attempts at controlling the Internet will converge on surveillance and censorship, which 00:26:51.480 --> 00:26:57.179 is why all this stuff matters. Because we've spent the last 10+ years as a body sending 00:26:57.179 --> 00:27:01.639 our best players out to fight what we thought was the final boss at the end of the game, 00:27:01.638 --> 00:27:06.099 but it turns out it's just been the mini-boss at the end of the level, and the stakes are 00:27:06.099 --> 00:27:07.339 only going to get higher. 00:27:07.339 --> 00:27:11.509 As a member of the Walkman generation, I have made peace with the fact that I will 00:27:11.509 --> 00:27:17.089 require a hearing aid long before I die, and of course, it won't be a hearing aid, it will 00:27:17.089 --> 00:27:22.480 be a computer I put in my body. So when I get into a car -- a computer I put my body 00:27:22.480 --> 00:27:27.579 into -- with my hearing aid -- a computer I put inside my body -- I want to know that 00:27:27.579 --> 00:27:32.398 these technologies are not designed to keep secrets from me, and to prevent me from terminating 00:27:32.398 --> 00:27:39.398 processes on them that work against my interests. [vigorous applause from audience] Thank you 00:27:39.584 --> 00:27:47.846 [applause continues] 00:27:47.846 --> 00:27:51.973 Thank you. So, last year, the Lower Merion School District, 00:27:51.973 --> 00:27:55.079 in a middle-class, affluent suburb of Philadelphia, 00:27:55.079 --> 00:27:57.092 found itself in a great deal of trouble, 00:27:57.092 --> 00:28:01.184 because it was caught distributing PCs to its students, equipped with rootkits 00:28:01.184 --> 00:28:05.858 that allowed for remote covert surveillance through the computer's camera and network connection. 00:28:05.858 --> 00:28:09.803 It transpired that they had been photographing students thousands of times, 00:28:09.803 --> 00:28:14.348 at home and at school, awake and asleep, dressed and naked. 00:28:14.394 --> 00:28:18.021 Meanwhile, the latest generation of lawful intercept technology 00:28:18.021 --> 00:28:23.990 can covertly operate cameras, mics, and GPSes on PCs, tablets, and mobile devices. 00:28:23.990 --> 00:28:29.930 Freedom in the future will require us to have the capacity to monitor our devices 00:28:29.930 --> 00:28:36.419 and set meaningful policy on them, to examine and terminate the processes that run on them, 00:28:36.419 --> 00:28:39.635 to maintain them as honest servants to our will, 00:28:39.635 --> 00:28:44.548 and not as traitors and spies working for criminals, thugs, and control freaks. 00:28:44.548 --> 00:28:48.623 And we haven't lost yet, but we have to win the copyright wars 00:28:48.623 --> 00:28:51.469 to keep the Internet and the PC free and open. 00:28:51.469 --> 00:28:58.021 Because these are themateriel in the wars that are to come, we won't be able to fight on without them. 00:28:58.021 --> 00:29:03.729 And I know this sounds like a counsel of despair, but as I said, these are early days. 00:29:03.821 --> 00:29:08.264 We have been fighting the mini-boss, and that means that great challenges are yet to come, 00:29:08.264 --> 00:29:14.348 but like all good level designers, fate has sent us a soft target to train ourselves on. 00:29:15.179 --> 00:29:20.386 We have a chance, a real chance, and if we support open and free systems, 00:29:20.432 --> 00:29:28.590 and the organizations that fight for them -- EFF, Bits of Freedom , EDRI, ORG, CC, Netzpolitik, 00:29:28.740 --> 00:29:33.450 La Quadrature du Net, and all the others, who are thankfully, too numerous to name here 00:29:33.450 --> 00:29:38.440 -- we may yet win the battle, and secure the ammunition we'll need for the war. 00:29:38.440 --> 00:29:39.499 Thank you. 00:29:39.499 --> 00:30:11.518 [Sustained applause] 00:30:11.518 --> 00:30:16.480 [Doctorow] So, either questions or long, rambling statements followed by "What do you think of that?" 00:30:16.526 --> 00:30:19.157 [laughter] 00:30:19.157 --> 00:30:20.472 [Doctorw] Yes. Any questions? 00:30:21.068 --> 00:30:26.430 [Organizer (?)] If you have questions, can you go to the microphones that are in the aisles, here 00:30:26.549 --> 00:30:33.726 and just ask away. If you form a neat, orderly line, we'll go, you know, left-right left-right 00:30:37.738 --> 00:30:40.853 [Question] So if you game this out all the way to the end 00:30:41.711 --> 00:30:48.976 You end up with a situation where either the censorship people have to 00:30:48.976 --> 00:30:56.795 outlaw von Neumann and Herbert's architectures and replace them with something that's not a universal Turing machine, 00:30:58.734 --> 00:31:03.861 or they lose, full stop. I mean, and there is a big spectrum in between the two. 00:31:03.861 --> 00:31:06.834 don't let me distract from that. I mean, you know. 00:31:06.834 --> 00:31:10.949 I'm talking about the very last bastion line of freedom, there. 00:31:11.945 --> 00:31:16.257 Do you think a bunch of assholes that don't even understand how DNS works 00:31:16.307 --> 00:31:20.880 are going to be willing to shoot themselves in the - head that hard? 00:31:21.249 --> 00:31:27.312 [Doctorow] I guess my answer is that the fact that there's no 00:31:27.312 --> 00:31:30.851 such thing as witchcraft, didn't stop them from burning a lot of witches, right? So... 00:31:30.851 --> 00:31:32.820 [Laughter, applause] 00:31:32.820 --> 00:31:39.251 By the same token, I think the ineffectiveness of the remedy is actually even worse for us, right? 00:31:39.251 --> 00:31:43.875 Because this is like the five year plan that produces no wheat, 00:31:43.875 --> 00:31:50.248 that yields an even more drastic five year plan that also produces no corn, right? 00:31:50.248 --> 00:31:53.891 I mean, this will make them angrier, and cause them 00:31:53.891 --> 00:31:56.715 to expand the scope of the regulation, you know. 00:31:56.715 --> 00:32:00.340 "The beatings will continue until morale improves" as the T-shirt goes, right? 00:32:00.340 --> 00:32:03.002 That's actually my worry. 00:32:03.002 --> 00:32:07.942 I think that if they saw some success, they might actually back off. 00:32:08.371 --> 00:32:11.478 The fact that this will be a dismo failure over and over and over again, 00:32:11.478 --> 00:32:14.894 the fact that terrorist will continue to communicate terrorist messages 00:32:14.894 --> 00:32:18.180 and child pornographers will continue to communicate child pornographic messages 00:32:18.180 --> 00:32:21.757 and so on, will just make them try harder at ineffective remedies 00:32:21.757 --> 00:32:24.794 [interlocutor] yeah, i mean a specialized Touring machine on an Asic[?] 00:32:24.794 --> 00:32:27.603 is actually really,really hard, 'cause you have to make one 00:32:27.603 --> 00:32:30.237 for every application,and that sucks... 00:32:30.237 --> 00:32:33.876 [Doctorow] Yeah, so again, I don't think they are going to ban general purpose computers. 00:32:33.876 --> 00:32:35.997 I think what they're going to do 00:32:35.997 --> 00:32:38.766 is they're going to say "We want more spyware in computers", 00:32:38.766 --> 00:32:42.195 "we want more U-EFI",we want... and not just like U-EFI that 00:32:42.195 --> 00:32:44.923 helps you detect spyware,but U-EFI where the signings 00:32:44.923 --> 00:32:47.732 are controlled by third parties,you don't have an easy owner override 00:32:47.732 --> 00:32:49.078 and all the rest of it. 00:32:49.078 --> 00:32:51.974 I think that that's going to be the trajectory of this stuff. 00:32:51.974 --> 00:32:57.051 Not "gosh, you know, that stupid policy that we pursued 00:32:57.051 --> 00:32:59.969 at great expense for 10 years was a complete failure. 00:32:59.969 --> 00:33:02.961 We should admit it and move on". I think that the answer is going to be 00:33:02.961 --> 00:33:05.600 "Oh my God, you know, look at what idiots we look like... 00:33:05.600 --> 00:33:09.308 we can't possibly admit defeat." You know, see the war on drugs. 00:33:09.308 --> 00:33:15.701 [laughs and claps] 00:33:15.701 --> 00:33:18.991 I'll answer you in a second 'cause there's someone already ready for a question. 00:33:18.991 --> 00:33:27.168 [Conductor] We'll take… We actually got quite a bit of time. here. So, next question. 00:33:28.691 --> 00:33:38.440 [Question] Regarding the recent initiative by a big software company 00:33:38.440 --> 00:33:45.807 to promote secure boot on U-EFI, do you think that personal computers 00:33:45.807 --> 00:33:58.950 will arrive like the situation in the… like the Playstation platforms soon? 00:33:58.950 --> 00:34:08.809 And what do you think that we'll have some means to counterattack or to… 00:34:08.809 --> 00:34:11.806 [Doctorow] Yeah, so the question is really "Is U-EFI going to be a means 00:34:11.806 --> 00:34:14.522 of freezing out alternative operating systems 00:34:14.522 --> 00:34:21.801 on the desktop. And I kinda feel like, kind of technocratic, well educated, western, northern... 00:34:21.801 --> 00:34:26.591 middle class people are gonna be able to figure how to get around this stuff 00:34:26.748 --> 00:34:31.878 what i am more concerned about not least because I think organizations like the FTC 00:34:31.878 --> 00:34:35.478 will probably eject pretty strenuously unless there is 00:34:35.478 --> 00:34:38.578 you know you can take a lid off and press a little red button to reset 00:34:38.578 --> 00:34:40.836 which is what they are talking aboout now 00:34:40.851 --> 00:34:44.851