Archive for the ‘Ponderings’ Category

Why I’m Suing the US Government

Thursday, July 21st, 2016

Today I filed a lawsuit against the US government, challenging Section 1201 of the Digital Millennium Copyright Act. Section 1201 means that you can be sued or prosecuted for accessing, speaking about, and tinkering with digital media and technologies that you have paid for. This violates our First Amendment rights, and I am asking the court to order the federal government to stop enforcing Section 1201.

Before Section 1201, the ownership of ideas was tempered by constitutional protections. Under this law, we had the right to tinker with gadgets that we bought, we had the right to record TV shows on our VCRs, and we had the right to remix songs. Section 1201 built an extra barrier around copyrightable works, restricting our prior ability to explore and create. In order to repair a gadget, we may have to decrypt its firmware; in order to remix a video, we may have to strip HDCP. Whereas we once readily expressed feelings and new ideas through remixes and hardware modifications, now we must first pause and ask: does this violate Section 1201? Especially now that cryptography pervades every aspect of modern life, every creative spark is likewise dampened by the chill of Section 1201.

The act of creation is no longer spontaneous.

Our recent generation of Makers, hackers, and entrepreneurs have developed under the shadow of Section 1201. Like the parable of the frog in the well, their creativity has been confined to a small patch, not realizing how big and blue the sky could be if they could step outside that well. Nascent 1201-free ecosystems outside the US are leading indicators of how far behind the next generation of Americans will be if we keep with the status quo.

Our children deserve better.

I can no longer stand by as a passive witness to this situation. I was born into a 1201-free world, and our future generations deserve that same freedom of thought and expression. I am but one instrument in a large orchestra performing the symphony for freedom, but I hope my small part can remind us that once upon a time, there was a world free of such artificial barriers, and that creativity and expression go hand in hand with the ability to share without fear.

If you want to read more about the lawsuit, please check out the EFF’s press release on the matter.

Countering Lawful Abuses of Digital Surveillance

Thursday, July 21st, 2016

Completely separate from the Section 1201 lawsuit against the Department of Justice, I’m working with the FPF on a project to counter lawful abuses of digital surveillance. Here’s the abstract:

Front-line journalists are high-value targets, and their enemies will spare no expense to silence them. Unfortunately, journalists can be betrayed by their own tools. Their smartphones are also the perfect tracking device. Because of the precedent set by the US’s “third-party doctrine,” which holds that metadata on such signals enjoys no meaningful legal protection, governments and powerful political institutions are gaining access to comprehensive records of phone emissions unwittingly broadcast by device owners. This leaves journalists, activists, and rights workers in a position of vulnerability. This work aims to give journalists the tools to know when their smart phones are tracking or disclosing their location when the devices are supposed to be in airplane mode. We propose to accomplish this via direct introspection of signals controlling the phone’s radio hardware. The introspection engine will be an open source, user-inspectable and field-verifiable module attached to an existing smart phone that makes no assumptions about the trustability of the phone’s operating system.

You can find out more about the project by reading the white paper at Pubpub.

Episode 4: Reinventing 35 years of Innovation

Tuesday, June 28th, 2016

Episode 4 is out!

It’s a daunting challenge to document a phenomenon as diverse as Shenzhen, so I don’t envy the task of trying to fit it in four short episodes.

Around 6:11 I start sounding like a China promo clip. This is because as a foreigner, I’m a bit cautious about saying negative things about a country, especially when I’m a guest of that country.

I really love the part at 3:58 where Robin Wu, CEO of Meegopad, reflects on the evolution of the term Shanzhai in China:

I was one of the people who made Shanzhai products. In the past, everyone looked down on Shanzhai products. Now, I think the idea of the maker is the same as Shanzhai. Shanzhai is not about copying. Shanzhai is a spirit.

Episode 3: A New Breed of Intellectual Property

Tuesday, June 21st, 2016

Episode 3 is out!

I say the darndest things on camera. O_o

Like everyone else, I see the videos when they are released. So far, this episode makes the clearest case for why Shenzhen is the up-and-coming place for hardware technology.

Most of the time my head is buried in resistors and capacitors. However, this video takes a wide-angle shot of the tech ecosystem. I’ve been visiting for over a decade, and this video is the first time I’ve seen some of the incredible things going on in Shenzhen, particularly in the corporate world.

WIRED Documentary on Shenzhen

Wednesday, June 8th, 2016

WIRED is now running a multi-part video documentary on Shenzhen:

This shoot was a lot of fun, and it was a great pleasure working with Posy and Jim. I think their talent as producer and director really show through. They also did a great job editing my off-the-cuff narratives. The spot in the video where I’m pointing out Samsung parts isn’t matched to the b-roll of Apple parts, but in their defense I was moving so fast through the market that Jim couldn’t capture all the things I was pointing at.

I haven’t seen the whole documentary myself (I was just called in to give some tours of the market and answer a few questions in my hotel room), so I’m curious and excited to see where this is going! Especially because of the text chosen for printing during my Moore’s Law explanation at 3:13 — “ALL PROPRIETARY AND NO OPEN SOURCE MAKES INNOVATION A SLOW PROCESS.”

:)