August 2007

About six months ago, I did an elegant back-of-envelope calculation about the Western Hemisphere Travel Restriction Initiative’s cost in terms of lost freedom and commerce. I came up with an estimate of about half-a-billion dollars (net present value).

If that estimate was a little too airy, here’s a more clear cost of WHTI: $944 million over three years. That’s the direct cost we’re paying through the State Department for the WHTI rules.

So now we’re at around $1.5 billion. Will $1.5 billion+ in damage to the United States’ people, possessions, infrastructure, and interests be averted thanks to WHTI? No. As a security measure, it’s Swiss cheese.

WHTI does more harm than good. It is a self-injurious misstep – precisely what the strategy of terrorism seeks to cause.

A TLF reader points me to this interesting story of a network neutrality violation in reverse:

Recently, several people have been writing about ESPN360: a website that attempts to block subscribers arriving from an ISP who is not a subscriber. Essentially, they are trying to replicate the cable subscription model (get your ISP to pony up money so that you can see this stuff) only on the web.

It would be hard to overstate just how foolish (and wrongheaded) this is. But the entire escapade makes some very important points in the debate about net neutrality. That debate was never about some mythically “neutral” network, but was rather about the ever-shifting balance of power between content and eyeballs. Content providers (Google, Yahoo, BBC, and evidently ESPN) believe that users want their content more than their content wants the users. And so, a new battle is begun. Who has move leverage: the pretty pictures or the glassy eyeballs?

Now, I’d be willing to bet money that ESPN’s scheme will fail. ESPN’s ability to charge money for its old cable channel was largely driven by the paucity of cable sports channels on the market, which in turn was driven by the high costs of producing and delivering the channel. Technological change is undermining that situation in two ways: by driving down the costs of producing and distributing video content, and by making it possible for users to reach a lot of news sources that they weren’t able to reach in the old days. That will put substantial downward pressure on the prices ESPN is able to charge for access to its content, and may make it infeasible for ESPN to charge at all.

Still, it does raise an important point: the standoff between content companies and residential broadband ISPs is in many ways a symmetrical one. An Internet connection isn’t very useful without access to content, and a website isn’t very useful if users can’t reach it. So in a negotiation between, say, Google and AT&T, each side has some leverage. It’s not immediately obvious why AT&T would be able to charge Google for access to its customers, rather than Google charging AT&T for access to its search engine. And it’s perfectly plausible that the most stable equilibrium is the one we’ve got now, in which neither residential ISPs or website operators pay the other for access to their networks or content.

AT&T Spying Case Today

by on August 15, 2007 · 7 comments

Today EFF argues its important case against AT&T for its participation in the NSA wiretapping program before the Ninth Circuit:

As we all learned in school, Congress is also supposed to keep the Executive in line. But so far it has utterly failed to do its job; just two weeks ago, Congress surrendered to the President’s outrageous demands and passed horrible legislation authorizing warrantless eavesdropping on Americans’ international communications with virtually no oversight. Congress has also failed to engage in any serious investigation about the warrantless wiretapping to date. With your support, we’ll be reminding them of their duty in the coming weeks and hopefully will convince them to restore your rights.

We won’t just wait for Congress to come to its senses, though — Americans deserve their day in court right now. Backed by overwhelming evidence, including whistleblower testimony from a former AT&T employee, our lawsuit alleges an unprecedented program of dragnet domestic surveillance. AT&T has given the NSA unchecked backdoor access to its communications network and its record databases, violating the rights of its millions of customers. While we certainly oppose Congress’ recent dramatic expansion of spying powers, even the new law does not authorize such far-reaching, illegal, and unconstitutional dragnet surveillance, and it doesn’t change AT&T’s culpability for helping the government in its illegal activities over the last six years.

But Congress’ capitulation does make our case even more critical. All three branches of government have a duty to protect your rights. If the Administration succeeds in using “state secrets” claims to shut down our litigation after scaring Congress away, we may never be able to hold AT&T and the White House responsible for violating millions of Americans’ constitutional rights. And, more importantly, we may not be able to stop it.

More bad press for the muni wi-fi movement. It seems like each week brings another story of how things haven’t quite turned out as planned. This week, it’s Business Week with a story about “Why Wi-Fi Networks Are Floundering.” In the piece, author Olga Kharif argues that:

The static crackling around municipal wireless networks is getting worse. San Francisco Wi-Fi, perhaps the highest-profile project among the hundreds announced over the past few years, is in limbo. Milwaukee is delaying its plan to offer citywide wireless Internet access. The network build-out in Philadelphia, the trailblazer among major cities embracing wireless as a vital new form of municipal infrastructure, is progressing slower than expected.

These potholes in the nation’s wireless rollout of civic ambition—criticized by many as an improper use of tax dollars—are hardly the exception. For the road is getting bumpier for cities and the companies they have partnered with in a bid to blanket their streets with high-speed Internet access at little or no cost to users.

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I normally love John Tierney’s work, but boy is this silly. “Man, what if, like, we’re not real, man. What if we’re just a computer simulation like on the Matrix?” Beyond the dorm-room-bull-session character of the whole premise, the argument doesn’t make any sense:

Dr. Bostrom assumes that technological advances could produce a computer with more processing power than all the brains in the world, and that advanced humans, or “posthumans,” could run “ancestor simulations” of their evolutionary history by creating virtual worlds inhabited by virtual people with fully developed virtual nervous systems.

Some computer experts have projected, based on trends in processing power, that we will have such a computer by the middle of this century, but it doesn’t matter for Dr. Bostrom’s argument whether it takes 50 years or 5 million years. If civilization survived long enough to reach that stage, and if the posthumans were to run lots of simulations for research purposes or entertainment, then the number of virtual ancestors they created would be vastly greater than the number of real ancestors.

It might be true that at some point we’ll have the computing power to run precise, molecule-by-molecule simulations of the human brain. But that doesn’t really get you where Bostrom wants to take us. What he wants is a molecule-by-molecule simulation of the entire universe, or at the very least of the entire surface of Planet Earth. Human brains don’t exist in isolation. Their development is intimately shaped by their interaction with the real world. To develop a realistic simulation of the brain, you need a realistic simulation of the world the brain interacts with.

And accurately simulating any given system requires a computer system at least as complex as the system being simulated. We’re only able to simulate things like the weather and car crashes because we make assumptions that radically simplify our models. But that, of course, makes the details of their predictions wrong, especially over long time frames. That’s why weather predictions further out than 10 days are worthless. If you’re trying to simulate a long-term process like the evolution of human society, such radical simplifications wouldn’t be acceptable. If virtual Milikan performs his oil-drop experiment, the simulation had better be detailed enough to keep track of individual electrons, or the physicists of your virtual world will be very confused, and the “science” of our virtual world will evolve in a very different direction.

So an accurate simulation of the world would have to be roughly as complex as the world itself. And since any given computer will presumably only be a small part of the world, the maximum complexity of the worlds it can simulate will necessarily be far simpler than the real world the computer occupies. So while I suppose it’s possible we’re being simulated by a computer in a mind-bogglingly more complex universe, the more plausible explanation is that we’re in the “real” world, whatever that means.

Did the New York Times really just print that?

Update: Tom Lee had almost exactly the same reaction. Although he’s obviously cooler than me, as his college students had a dime bag in addition to their copy of The Matrix.

Pooping Barbie Dog Well this terribly off-topic, but I just had to share this. The Mattel toy recall is making big news this week and part of the recall includes some toys that include small magnets. Apparently some kids are sticking the magnets in their mouths and swallowing them. Lesson: Magnets + intestines = bad mix. Who knew!

Anyway, one of the toys being recalled is the “Barbie and Tanner” playset which–and I am NOT making this up–lets your child experience the joys of picking up dog poop! You see, Tanner is Barbie’s yellow labrador retriever and all he does is eat and then go poo. You put little brown food pellets in Tanner’s mouth, push his tail down, and then he poops them right out. Tanner is one well-balanced little doggie and his poop is always solid, which is helpful because the Barbie in this set comes with a pooper-scooper to clean up after him!

How do I know all this? Because this damn pooping dog is my 5 year old daughter’s favorite toy! She keeps this dumb dog in her dollhouse with all her dolls and even lets the dog sleep in the bed with Barbie. But now it’s being recalled because these little poo pellets are a hazard to a kid’s health. Honestly, I’m not really concerned with my daughter putting these little pellets in her mouth. Perhaps that’s because she understands that they represent fake dog poop and it would be gross to put them in her mouth!

But my 3 year old son? Well, he’s not quite as sharp as his sister. (Perhaps it’s because of all the lead paint he’s licking off those other Mattel toys!) Moreover, he’s got a little Beavis and Butthead in him and his first response upon seeing the Tanner dog do his duty was to say something to the effect of “Heh-heh, huh-huh…pooooooop!” So God only knows what that kid might do if he ever got his hands on those dog poo pellets.

Regardless, I’m probably gunna have to get rid of that pooping dog, and that’s going to make my daughter utterly hysterical. It’ll be like the final scene out of “Old Yeller.” She’ll be sobbing and uttering lines like, “No Pa, please don’t put Old Tanner down!” And I’ll have to come up with some BS story about Tanner’s time on Earth coming to an end and how he’s going to doggie heaven. I’ll probably have to bury him in a shoebox in the backyard with a formal gravestone before it’s all over. And what makes it all the more insulting is that, as I am going out back to bury the toy dog, I will have to navigate my way through a minefield of actual dog sh*t from our family’s 10 year old lab who poops–not so solidly as Tanner, I might add–just about anywhere and everywhere he can find a patch of living grass. That stupid Tanner toy hasn’t helped me a damn bit when it comes to getting my daughter interested in picking up real doggie doo-doo, which my daughter describes as “just nasty.”

Damn you Tanner. Damn you to Hell.

(P.S. I wrote about other killer toys last December in this essay).

First Gift Doctrine

by on August 15, 2007 · 0 comments

Over at Ars, I’ve got a write-up of EFF’s new case defending the First Sale Doctrine. Universal Music has been suing people who sell promotional CDs on eBay. EFF says (and I’m inclined to agree) that under the First Sale Doctrine, those CDs are the property of whoever the labels give them to, and the new owners are entitled to do what they wish with them. The case could have broader implications for the software industry:

Attempts to circumvent the first sale principle using license agreements is not unique to UMG. The practice is especially common among software firms, which routinely distribute their products with a shrinkwrap license. Such end-user license agreements typically state that the software has not been sold to users but has only been licensed for the customer’s personal use, subject to a variety of conditions spelled out in the EULA. Software firms contend that because their software is merely licensed to users rather than sold, the First Sale Doctrine does not apply.

Such shrinkwrap licenses have generated considerable controversy, and some courts have rejected them outright. For example, in a 2001 case, a California judge ruled that Adobe’s EULA did not apply to a California businessman who bought bundled Adobe software and resold the individual components. In that case, the judge held that despite Adobe’s contention that it merely licensed its software, “the circumstances surrounding the transaction strongly suggest that the transaction is in fact a sale rather than a license.”

UMG’s lawsuit against Augustino will test the boundaries of the First Sale Doctrine. UMG may argue that the First Sale Doctrine only applies to sales of copyrighted materials and not to CDs it gives away. But EFF attorney Fred von Lohmann tells Ars that the courts have applied the First Sale Doctrine to gifts in the past. For example, he points to a 1984 case in which Disney tried to prevent the auction of film cells that had been given to a former employee. The court found that the First Sale Doctrine applied and allowed the auction to go forward.

I think there are good reasons to be skeptical of the notion that these kinds of “shrinkwrap licenses” are validly enacted contracts at all, given that they are often presented to the customer only after he has completed his purchase and returned home. One party to a transaction can’t just unilaterally add new conditions after the transaction is complete. If UMG really believes it’s only licensing its promo CDs, it should require recipients to sign an explicit license agreement before giving them the CD, and it should demand the return of the CD after it’s been reviewed. But if they simply ship these CDs out to people unsolicited, it’s a little silly for them to then turn around and claim they weren’t really gifts. If it looks like a gift and quacks like a gift, the court should treat it like a gift, no matter what might fine print might be stamped on the CD itself.

Ellen Miller got the scoop in an email:

A major research institution has recently announced the discovery of the heaviest element yet known to science.

The new element has been named Governmentium. Governmentium (Gv) has one neutron, 25 assistant neutrons, 88 deputy neutrons, and 198 assistant deputy neutrons, giving it an atomic mass of 312.

These 312 particles are held together by forces called morons . . . .

It continues from there.

Over the last two years, San Francisco has been in negotiations with Earthlink who, in partnership with Google, has had plans to build a Wi-Fi “cloud” over the 47 sq. mile geek-infested city. The goal, set out in 2005, was to blanket the city with 1,500 wireless hot-spots which would be accessible free of charge, supported by ads from Google. For those who wanted faster, ad-free service, a subscription fee could be paid.

Now rumors are circulating that Earthlink is pulling out of the deal, while the San Fran government is moving forward with a non-binding referendum in September that will presumably decide the fate of this boondoggle.

But San Franciscans needn’t worry. According to a 2005 paper by Steven Titch of the Heartland Institute the number of San Fran hot-spots that year was 396 (making it the #1 Wi-Fi city in the country). The latest jiwire.com numbers show that number is now over 800. It seems that hot-spots are following Moore’s law and doubling in 2 years!

With over 800 public hot-spots (halfway to Earthlink’s goal) already covering this 47 square mile area, why should the city give away special privileges to Earthlink for a city-wide build-out? The competitive marketplace is already taking care of spreading the wireless love around the city. Why not open up the city to more competition by easing right of way access, eliminating or cutting taxes associated with Wi-Fi installation, and opening exclusive franchising? Rather than looking backward and modeling themselves after past state-run follies, cities could take a leading role in increasing competition.

ASPEN, Colo. – Federal Communications Commission Chairman Kevin Martin on Tuesday offered two proposals that he said would address concerns about objectionable content and add “access to new voices in the media.”

Martin repeated his proposal to require cable operators to sell television programming a la carte, or on a per-channel basis. “The ability to pick and choose among the content being offered them by the cable operators,” he said at the Aspen Forum on Communications and Society here.

Parents would have “much have meaningful choices” in the programming they could watch, he said. Currently, “there is little or no incentive for the market or programmers to respond” to parents’ demands for less racy content.

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