The FCC’s Wealth Redistribution Plan

The Fascist Communications Commission (FCC) has revealed its latest plan for wealth redistribution. The agency wants to tax successful online businesses so it can give that money to Internet Service Providers (ISP):

A Federal Communications Commission advisory committee has proposed a new tax on Netflix, Google, Facebook, and many other businesses that require Internet access to operate.

If adopted by states, the recommended tax would apply to subscription-based retail services that require Internet access, such as Netflix, and to advertising-supported services that use the Internet, such as Google and Facebook. The tax would also apply to any small- or medium-sized business that charges subscription fees for online services or uses online advertising. The tax would also apply to any provider of broadband access, such as cable or wireless operators.

The collected money would go into state rural broadband deployment funds that would help bring faster Internet access to sparsely populated areas. Similar universal service fees are already assessed on landline phone service and mobile phone service nationwide. Those phone fees contribute to federal programs such as the FCC’s Connect America Fund, which pays AT&T and other carriers to deploy broadband in rural areas.

As somebody who grew up in a rural area and still has family in a rural area I can say with some certainty that ISPs aren’t using the money they’re getting from these taxes to provide rural communities with broadband Internet. Fortunately, there are methods for rural communities to get broadband Internet and, best of all, it doesn’t require any wealth redistribution.

The claim that the taxes will be used for rural broadband initiatives is just another euphemism to avoid calling the tax what it is, plundering the pockets of plebs to line the pockets of ISPs with good government connections.

Tax Them to Death

The government here in the frozen tundra of Minnesota likes to tax us plebs hard. However, as bad as we get bled it’s nothing compared to California. It’s clear that the government of California doesn’t see the denizens cursed to live in its state as people but as cattle. Every time you turn around the government is enacting or proposing a new tax. Yesterday it was reported that a new proposal is to tax text messages. But a proposal of a new tax in California isn’t anymore newsworthy than pointing out that the name of the day today ends in “y.” What is amusing though is the number of euphemisms that are used to make the new proposal sound like something other than theft:

As mobile phone users have shifted their usage patterns away from voice calls, voice call revenues for PPP have dropped by about a third, while the budget for subsidizing poorer users has risen by almost half. So California’s PUC is exploring its options and, as texts share infrastructure with voice calls — even if the medium is different — it estimates it could raise $44.5 million a year with the change. Applied retroactively it could amount to a bill of more than $220 million for California consumers.

You see? It’s for the poor! If you complain about this proposed tax, you’re obviously a rich baron who hates poor people! Oh, and this proposed tax isn’t actually stealing money from you. You see, “revenues” are down because you stupid plebs don’t call your mother enough so this is really just reclaiming cash that has been lost because of you assholes!

As the article points out though, text messaging is declining as chat applications take their place. This proposed tax will be irrelevant in short order, which means the Public Utilities Commission will be looking for a new way to bleed Californians in a few years. This is the vicious cycle of taxation. A tax is placed on a popular consumer activity, that activity is eventually replaced by a different activity, a new tax is placed on the new popular consumer activity, and so on.

Changing the Rules

As the tirade against intellectual property I posted last week probably demonstrated, I really don’t like it when content creators change rules after I’ve purchased a product. It should also come as no surprise that the gaming industry has inspired yet another rant from me by changing the rules after purchase since the gaming industry seems to be the biggest offender in this regard.

Capcom released Street Fighter V in 2016. Fighting games aren’t my thing so I never purchased it but a lot of people did, for the full new game price of $60. Then, as it tradition with Capcom, a new edition of the same game was was released for $40. So far, so good. However, Capcom has announced that those who paid $40 for the new Arcade Edition will now have to deal with in-game ads:

Capcom is introducing “sponsored content” to Street Fighter V: Arcade Edition on December 11th to promote its purchasable bundles, costumes and the Pro Tour. You’ll see them on costumes, in certain stages and on pre-fight loading screens.

While Capcom is offering players the option to disable ads, doing so will negatively impact their game play experience by making unlockables trickle out at a glacial pace, which is the same strategy free-to-play games employ (buy in game currency or you’ll be grinding forever).

I have no objection to ad supported, free-to-play, or subscription games so long as I’m told up front how the developer is going to make its money. I do object when developers charge full price for a game and then change the business model after the fact. This is the reason I no longer purchase or play games on my iPhone. It’s quite common for mobile game developers to charge a price up front and then transition to a free-to-play model at a later date. When the transition occurs, the gameplay is almost always altered to make advancing in the game much more time consuming (not necessarily more difficult, just time consuming) to encourage you to buy in-game currency. If you purchased the game before the transition occurred, you’re effectively charged twice for the same game.

Unfortunately, the app store model makes this bait and switch tactic much easier to pull off. If an old computer game did this, I just wouldn’t install any updates after the transition occurred. However, with the app store model there generally isn’t a way to download previous versions of an app so even if you avoid installing updates after a developer changes to a new business model, you won’t be able to install the version you had if you have to reformat your phone. The same is also true on modern consoles where only the latest version of a game can be downloaded from the online app store and only the latest update can be applied to a physical copy of the game.

Great Claims Request Great Evidence

A couple of months ago Bloomberg made big waves with an article that claimed China had inserted hardware bugs into the server architecture of many major American companies, including Amazon and Apple. Doubts were immediately raised by a few people because the Bloomberg reporters weren’t reporting on a bugged board that they had seen, they merely cited claims made by anonymous sources (always a red flag in a news article). But the hack described, although complicated in nature, wasn’t outside of the realm of possibility. Moreover, Bloomberg isn’t a tabloid, the organization has some journalistic readability, so the threat was treated seriously.

Since the threat was being taken seriously, actual investigations were being performed by the companies named in the article. This is where the credibility of the article started to falter. Apple and Amazon both announced that after investigating the matter they no evidence that their systems were compromised. Finally the company specifically named as the manufacturer of the compromised servers announced that an independent audit found no evidence to support Bloomberg’s claims:

SAN FRANCISCO (Reuters) – Computer hardware maker Super Micro Computer Inc told customers on Tuesday that an outside investigations firm had found no evidence of any malicious hardware in its current or older-model motherboards.

In a letter to customers, the San Jose, California, company said it was not surprised by the result of the review it commissioned in October after a Bloomberg article reported that spies for the Chinese government had tainted Super Micro equipment to eavesdrop on its clients.

Could Apple, Amazon, and Super Micro all be lying about the findings of their investigations as some have insinuated? They certainly could be. But I subscribe to the idea that great claims require great evidence. Bloomberg has failed to produce any evidence to back its claims. If the hack described in its article was as pervasive as the article claimed, it should have been easy for the journalists to acquire or at least see one of these compromised boards. There is also the question of motivation.

Most reports indicated that China has had great success hacking systems the old fashioned way. One of the advantages to remote software hacks is that they leave behind little in the way of hard evidence. The evidence that is left behind can usually be plausibly denied by the Chinese government (it can claim that Chinese hackers unaffiliated with the government performed a hack for example). Why would China risk leaving behind physical evidence that is much harder to deny when it is having success with methods that are much easier to deny?

Unless Bloomberg can provide some evidence to support its claims, I think it’s fair to call bullshit on the article at this point.

Who Needs Copy and Paste Anyways

WordPress 5.0 was rolled out on Friday and with it came the new Gutenberg Editor. I’m not a curmudgeon who’s unwilling to give new features a chance. However, I found myself wanting to disable Gutenberg within seconds of trying to use it. Why? Because I couldn’t get the stupid thing to accept pasted text.

Most of my posts involve linking to a story and posting an excerpt of the part on which I want to comment. Needless to say copy and paste is pretty bloody important for what I do. Moreover, copy and paste are two of the most basic operations for an editor. It turns out that I’m not the only one unhappy with Gutenberg. During my quick search to find a way to revert to WordPress’s previous editor I came across a WordPress plugin called Disable Gutenberg. It has over 20,000 active installations and a five star rating, which indicates that it does its job well and the job it does is in high demand.

My setup isn’t anything special. I use Firefox with a few basic add-ons (HTTPS Everywhere, Privacy Badger, uBlock Origin, Multi-Account Containers, Auto Tab Discard, and Bitwarden). This setup worker well with the previous WordPress editor. This leads me to believe that WordPress’s developers didn’t thoroughly test Gutenberg before releasing it. Failing to perform thorough testing before releasing a major update isn’t unique to WordPress though, it has become the standard operating procedure for technology companies.

When I see a new update for any piece of software I use, I become a bit wary. When I see that the update includes new features, I become downright nervous. More often than not new features are released half baked. The weeks (or months) following the release of a new feature are usually spent making it work properly or at least provide the same functionality as the feature it replaced. This is annoying to say the least. I would much rather see the technology industry move develop an attitude that saw reliability as a critical feature instead of an afterthought. But I doubt this will happen. Reliability is a difficult feature to sell to most consumers and the work needed to make a product reliable is boring.

Never Trust a Surveillance Company

The parliament of the United Kingdom (UK) decided to pull a Facebook on Facebook by collecting the company’s personal information. Not only did the parliament collect Facebook’s personal information but it’s now airing the company’s dirty laundry. There are a lot of interesting tidbits to be found within the documents posted by the parliament but one in particular shows Facebook’s ruthlessness when it comes to collecting your personal information:

The emails show Facebook’s growth team looking to call log data as a way to improve Facebook’s algorithms as well as to locate new contacts through the “People You May Know” feature. Notably, the project manager recognized it as “a pretty high-risk thing to do from a PR perspective,” but that risk seems to have been overwhelmed by the potential user growth.

Initially, the feature was intended to require users to opt in, typically through an in-app pop-up dialog box. But as developers looked for ways to get users signed up, it became clear that Android’s data permissions could be manipulated to automatically enroll users if the new feature was deployed in a certain way.

In another email chain, the group developing the feature seems to see the Android permissions screen as a point of unnecessary friction, to be avoided if possible. When testing revealed that call logs could be collected without a permissions dialog, that option seems to have been obviously preferable to developers.

“Based on our initial testing,” one developer wrote, “it seems that this would allow us to upgrade users without subjecting them to an Android permissions dialog at all.”

If you’re using Facebook on a Google operating system, you’re in the center of a surveillance Eiffel Tower, and I’m not talking about the monument!

The history of Android’s permission system has not been a happy one. Until fairly recently Android had an all or nothing model where you either had to grant an application all the permissions it asked for or you couldn’t use it. Not surprisingly this resulted in almost every app requesting every possible permission, which turned the permissions dialog into a formality. Android 6.0 changed the permission system to mirror iOS’s. When an app running on Android 6.0 or later wants to access a protected feature such as text messages, the user is presented with a dialog alerting them to the attempted access and asks if they want to allow it.

If you read the excerpts, you’ll see that Facebook was concerned about the kind of public relations nightmare asking for permission to access call and text message logs could bring. At first the company was planning to only request permission to access call logs, hoping it wouldn’t cause a ruckus. However, once somebody figured out a way to add the additional capabilities without triggering any new permission requests, Facebook moved forward with the plan. So we know for a fact that Facebook knew what it was doing was likely to piss off its users and was willing to use underhanded tactics to do it without getting caught.

You should never trust a company that profits by collecting your personal information to respect your privacy. In light of the information released by the UK’s parliament, this goes double for Facebook.

This Neopuritan Internet Is Weird

Just days after Tumblr announced that it will be committing corporate seppuku Facebook has announced that it too is joining the neopuritan revolution:

Facebook will now “restrict sexually explicit language”—because “some audiences within our global community may be sensitive to this type of content”—as well as talk about “partners who share sexual interests,” art featuring people posed provocatively, “sexualized slang,” and any “hints” or mentions of sexual “positions or fetish scenarios.”

[…]

The new Sexual Solicitation policy starts by stating that while Facebook wants to faciliate discussion “and draw attention to sexual violence and exploitation,” it “draw[s] the line…when content facilitates, encourages, or coordinates sexual encounters between adults.” Can we pause a moment to appreciate how weird it is that they lump those things together in the first place? Whatever the intent, it reads as if only content coding sex as exploitative, violent, and negative will be tolerated on the site, while even “encouraging” consensual adult sex is forbidden.

This is a rather odd attitude for a website that recently rolled out a dating service. Does Facebook seriously believe its dating service isn’t being used to facilitate, encourage, and coordinate sexual encounters between adults?

This neopuritan Internet is getting weird. Both Tumblr and Facebook have mechanisms that allow content to be walled off from the general public. These mechanisms serve as a good middle ground that allow users to post controversial content while protecting random passersby from seeing it. But instead of utilizing them, these two services are opting for a scorched Earth policy. It seems like a waste of money to pay developers to create mechanisms to hide controversial content form the public and not utilize them.

Shooting Yourself in the Foot… with a Machine Gun

Tumblr has been known for two things: pornography and social justice blogs. After December 17th it will only be known for social justice blogs. The service announced that it was going to commit corporate suicide by remove all pornography from the site. But Tumblr isn’t taking the easy way out. Instead it has opted to prolong its misery, to commit corporate seppuku if you will, by using machine learning to remove pornography from its site:

For some reason, the blogging site hopes that people running porn blogs will continue to use the site after the December 17 ban but restrict their postings to the non-pornographic. As such, the company isn’t just banning or closing blogs that are currently used for porn; instead, it’s analyzing each image and marking those it deems to be pornographic as “explicit.” The display of explicit content will be suppressed, leaving behind a wasteland of effectively empty porn blogs.

This would be bad enough for Tumblr users if it were being done effectively, but naturally, it isn’t. No doubt using the wonderful power of machine learning—a thing companies often do to distance themselves from any responsibility for the actions taken by their algorithms—Tumblr is flagging non-adult content as adult content, and vice versa. Twitter is filling with complaints about the poor job the algorithm is doing.

Machine learning has become the go-to solution for companies that want to make it appear as though they’re “doing something” without taking on the responsibilities. We’re already seeing the benefits of this decision. A lot of non-porn material is being removed by whatever algorithms they’re using and when users complain Tumblr can say, “Don’t blame us! The machine screwed up!” Thus Tumblr absolves itself of responsibility. Of course the three people who post non-pornographic content to Tumblr are likely to flee after tiring of playing Russian roulette with the porn scanning algorithm but I’m fairly certain Verizon, which owns Tumblr now, just wants to shutdown the service without listening to a bunch of people who still use the platform whine.

Changing the Rules Way After the Sale

Nintendo believes it can use its intellectual property claims to prevent you from monetizing any footage you make of its video games. Restrictions like this are generally only presented in the end user license agreement (EULA) after you’ve purchased the game. But what happens when the restriction is implemented retroactively?

Today it’s understood that when you purchase a software package, you will be presented with pages and pages of legalese when you first attempt to use it. That wasn’t always the case. When you purchased old Nintendo Entertainment System (NES) or Super Nintendo Entertainment System (SNES) games, the boxes didn’t include contracts that you had to sign and send off to Nintendo before receiving an actual copy of the game nor did the games themselves present you with a EULA to which you had to agree before playing.

Nintendo is a notoriously litigious company and a few years ago was using the Digital Millennium Copyright Act (DMCA) to have footage of things like altered Super Mario World levels removed from YouTube. Because of the conditions I mentioned above, nobody who purchased a copy of Super Mario World for the SNES agreed to not alter the contents of the cartridge. They didn’t agree to any restrictions whatsoever. But through the magical process of intellectual property, namely the copyrights granted to Nintendo by the government over the characters that appear in Super Mario World as well as the software itself, Nintendo is able to change the rules way after the sales occurred.

This absurdity is compounded by the fact that copyrights can remain valid for the life of the creator plus 70, 95, or 120 years after their death [PDF] depending on the type of work. Compounding the absurdity even more is the fact that copyright terms that were already ridiculously long were extended whenever the copyright for Micky Mouse was about to expire (hence why it is often called the Mickey Mouse Law). If we go by precedent, the stupidly long terms we’re currently suffering under will likely be extended again and again. That means Nintendo could continue adding new restrictions to old NES and SNES games for decades to come.

Imagine if this characteristic of copyright law was applied to physical property. Let’s say you purchased a Ford F-150 today. Now let’s fast forward two decades. You still own the F-150 and have had to resort to having new parts custom fabricated because all of the major replacement parts manufacturers stopped producing new parts. One day you receive a letter in the mail from Ford, which is a cease and desist order for installing custom fabricated parts in the truck. Ford decided to pull a John Deere by claiming its copyrights to the software on the truck grant it the right to restrict you from maintaining your 20-year-old truck. It sounds pretty absurd, doesn’t it? But that’s the reality people are facing with NES and SNES games that they purchased two decades ago.

Changing the Rules After the Sale

As I noted last week, the concept of intellectual property is an oxymoron. Today I want to expand on that by pointing out another absurdity of intellectual property.

Let’s consider a hypothetical situation where I own an electronics store and you just purchased a laptop from me. There was nothing unusual about the transaction. You didn’t have to read any contracts or sign any papers. You handed me cash and I handed you a laptop. The laptop is yours, right? Not so fast.

When you get home and power up your new laptop for the first time, you are presented with a legal contract that says you can’t make any modifications to the laptop’s hardware, install any operating system other than the one that came with the laptop, or install any software not distributed by the manufacturer’s app store. If you don’t agree with the contract, you can’t use the computer.

What I just described is a slightly hyperbolic version of a shrink wrap license. When you purchase a piece of software, you usually aren’t presented with the end user license agreement (EULA), the document that lays out what you can and can’t do with the software, until after the sale. No big deal, you may think, because if you don’t agree with the post-sale EULA, you can just return the software, right? You may find that easier said than done. Most stores won’t take back copies of software that have been opened and if you read the EULAs for online app stores, there are often severe restrictions in place in regards to returning purchases. But even if you can return the software, why should that be considered your only form of recourse? Why should you be bound to any terms presented after the transaction has been concluded?

This is yet another characteristic of intellectual property that I doubt most people would so willingly accept if it were applied to physical property. If you purchased a car and the dealer decided to foist a bunch of restriction on you after you paid for the vehicle but before you drove it off of the lot (i.e. it’s your property but you haven’t gotten into the car since it became your property), would you take them seriously? Most people probably wouldn’t. I certainly wouldn’t. So why is such a practice considered acceptable for intellectual property?