Big Tech Can’t Stop Telling On Itself

PREMEDITATED_MURDER_FINAL_FINAL_1.docx

An old Mac System 6 folder, titled Mens Rea. It contains a file called PREMEDIATED_MURDER_FINAL.DOC as well as UNTITLED-1.DOC, UNTITLED-1.DOC copy, UNTITLED-1.DOC FINAL and UNTITLED-1.DOC FINAL-1.

In July, the Federal Trade Commission announced a complaint against Amazon over the ways the company has tricked customers into subscribing to its paid Prime service. The Commission argues that Amazon discovered that its customers were accidentally signing up for Prime and were unhappy about it, and that the company nevertheless decided not to fix this confusion because it was making too much money from these accidental signups. To make things worse, Amazon deliberately made it harder to cancel Prime, and celebrated that the new, more complex process resulted in fewer cancellations.

This is historic. Prior to the current administration, the FTC had been in a 40 year decline: underfunded and timid. But the new chair, Lina M. Khan, has brought a muscular, take-no-prisoners approach, working in close coordination with her peers at the DoJ antitrust division and with other agencies to reawaken their long-dormant regulatory powers.

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An Audacious Plan to Halt the Internet’s Enshittification and Throw It Into Reverse

My Defcon 31 speech, delivered August 12 in Las Vegas.

A photograph of me speaking on stage at Defcon 31.
Ken Nichols, used with permission

I have a confession to make: I am old. I turned 52 last month, the full deck of cards. I have two artificial hips. I have cataracts in both eyes. I’m old as dirt.

You may know that the AARP has a squad junk-mail ninjas that track you down on your 50th birthday to try to sell you a membership. Less well known is that the AARP also issues every 50 year old with a license to complain about how much worse things are today than they used to be in my day

I know that complaint is trite, but I think it’s true when it comes to the internet. I think the internet used to be better, back before it turned into what the Kiwi hacker Tom Eastman calls “five giant websites filled with screenshots of text from the other four.”

I miss the old, good internet. But this isn’t a talk about bringing the old good internet back. It’s a talk about what a new good web could be.

And why we don’t have it.

And how we’ll get it.
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Pluralistic: Podcasting "Enshitternet" (22 August 2023)


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Everything Made By an AI Is In the Public Domain

The US Copyright Office offers creative workers a powerful labor protective.

Norman Rockwell’s ‘self portrait.’ All the Rockwell faces have been replaced with HAL 9000 from Kubrick’s ‘2001: A Space Odyssey.’ His signature has been modified with a series of rotations and extra symbols. He has ten fingers on his one visible hand. Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en
Cryteria/CC BY 3.0, modified

Last week, a US federal judge handed America’s creative workers a huge labor win: Judge Beryl A Howell of the DC Circuit Court upheld a US Copyright Office ruling that works created by “AIs” are not eligible for copyright protection.

This is huge.

Some background: under US law — and under a mountain of international treaties, from the Berne Convention to the TRIPS —copyright is automatically granted to creative works of human authorship “at the moment of fixation in some tangible medium.”

That is: as soon as a human being makes something creative, and records it in some medium (a hard-drive, magnetic tape, paper, film, canvas, etc), that creative thing is immediately copyrighted (the duration of that copyright varies, both by territory and by whether the creator was working on their own or for a corporation).

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Enshitternet

The old, good internet deserves a new, good internet

A trio of public toilet stalls, each fitted with a pay toilet coin-op lock. The middle lock’s mechanism has been replaced with the menacing, staring red eye of HAL 9000 from Stanley Kubrick’s ‘2001: A Space Odyssey.’ The space around and beneath the stalls is filled with a ‘Code Rain’ effect from the credit sequences of the Wachowksis’ ‘The Matrix.’
Cryteria/CC BY 3.0 (modified)

The children now love luxury; they have bad manners, contempt for authority; they show disrespect for elders and love chatter in place of exercise. Children are now tyrants, not the servants of their households. They no longer rise when elders enter the room. They contradict their parents, chatter before company, gobble up dainties at the table, cross their legs, and tyrannize their teachers. –Socrates

Nostalgia is a toxic impulse. –Judge John Hodgman

I’m an official Old Person (I turned 52 last month). According to the AARP, that means that I am now officially entitled to complain that back in my day, things used to be better.

I am suspicious of this impulse! When I started dialing BBSes in the early 1980s, the Old Hands there told me that it was all downhill after acoustic couplers and that modems were degrading the noosphere into a fallen paradise.

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Pluralistic: Cloudburst (03 August 2023)


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Pluralistic: Forcing your computer to rat you out (02 August 2023)


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Microincentives and Enshittification

How the Curse of Bigness wrecked Google Search.

A clip from a Jenga ad showing a dad knocking over the Jenga tower.

It’s hard to convey just how revolutionary Google Search was when it debuted in 1998. It blew rivals — from AskJeeves and Altavista to Yahoo — out of the water. It was so good, it was almost spooky, surfacing the best of the web with just a few clicks.

Today, Google owns the search market, controlling more than 90 percent of searches. Its worth hovers in the trillion-dollar range, and it employs some 180,000 people in offices all over the world. Almost every online journey we take starts with a Google search.

And here’s the thing: Google Search suuuuucks.

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Pluralistic: Tesla's Dieselgate (28 July 2023)


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Pluralistic: Autoenshittification (24 July 2023)


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