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In the 18th century, William Blackstone wrote the seminal “Commentaries on the Laws of England,” which contained one of the foundational definitions of property: “that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.”
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Last month, I filed comments with the Federal Trade Commission on behalf of Electronic Frontier Foundation, 22 of EFF’s supporters, and a diverse coalition of rightsholders, public interest groups, and retailers, documenting the ways that ordinary Americans come to harm when they buy products without realizing that these goods have been encumbered with DRM, and asking the FTC to investigate fair labeling for products that come with sneaky technological shackles.
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In my latest Locus column, The Privacy Wars Are About to Get A Whole Lot Worse, I describe the history of the privacy wars to date, and the way that the fiction of “notice and consent” has provided cover for a reckless, deadly form of viral surveillance capitalism.
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The Electronic Frontier Foundation has just filed a lawsuit that challenges the Constitutionality of Section 1201 of the DMCA, the “Digital Rights Management” provision of the law, a notoriously overbroad law that bans activities that bypass or weaken copyright access-control systems, including reconfiguring software-enabled devices (making sure your IoT light-socket will accept third-party lightbulbs; tapping into diagnostic info in your car or tractor to allow an independent party to repair it) and reporting security vulnerabilities in these devices.
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My op-ed in today’s issue of The Tech, MIT’s leading newspaper, describes how browser vendors and the W3C, a standards body that’s housed at MIT, are collaborating to make DRM part of the core standards for future browsers, and how their unwillingness to take even the most minimal steps to protect academics and innovators from the DMCA will put the MIT community in the crosshairs of corporate lawyers and government prosecutors.
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My latest Locus column, “Peak Indifference”, draws a comparison between the history of the “debate” about the harms of smoking (a debate manufactured by disinformation merchants with a stake in the controversy) and the current debate about the harms of surveillance and data-collection, whose proponents say “privacy is dead,” while meaning, “I would be richer if your privacy were dead.”
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Earlier this month, I gave the afternoon keynote at the Internet Archive’s Decentralized Web Summit, and my talk was about how the people who founded the web with the idea of having an open, decentralized system ended up building a system that is increasingly monopolized by a few companies — and how we can prevent the same things from happening next time.
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I have a new op-ed in today’s Privacy Tech, the in-house organ of the International Association of Privacy Professionals, about the risks to security and privacy from the World Wide Web Consortium’s DRM project, and how privacy and security pros can help protect people who discover vulnerabilities in browsers from legal aggression.
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Publishing is in a weird place: ebook sales are stagnating; publishing has shrunk to five major publishers; libraries and publishers are at each others’ throats over ebook pricing; and major writers’ groups are up in arms over ebook royalties, and, of course, we only have one major book retailer left — what is to be done?
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