thanks to Trump's incontinent belligerence, we are on the cusp of a "Post-American Internet," a new digital nervous system for the 21st century. An internet that we can build without worrying about America's demands and priorities.
That's what I want to talk to you about today: the post-American Internet we can wrest from Trump's chaos.
Under anticircumvention law, it's a crime to alter the functioning of a digital product or service, unless the manufacturer approves of your modification, and – crucially – this is true whether or not your modification violates any other law.
But why would Europe pass a law like this? Europe is a massive tech importer. By extending legal protection to tech companies that want to steal their users' data and money, the EU was facilitating a one-way transfer of value from Europe to America. So why would Europe do this?
the US trade representative has forced every one of its trading partners to adopt anticircumvention law, to facilitate the extraction of their own people's data and money by American firms.
"You know how you told me not to give the Americans anticircumvention under any circumstances? Well, they're saying that they won't take our coffee unless we give them anticircumvention. And I'm sorry, but we just can't lose the US coffee market. Our economy would collapse. So we're going to give them anticircumvention. I'm really sorry."
The alternative was tariffs. Well, I don't know if you've heard, but we've got tariffs now!
I mean, if someone threatens to burn your house down unless you follow their orders, and then they burn your house down anyway, you don't have to keep following their orders. So…Happy Liberation Day?
But there's a third possible response to tariffs, one that's just sitting there, begging to be tried: what about repealing anticircumvention law?
If you're a technologist or an investor based in a country that's repealed its anticircumvention law, you can go into business making disenshittificatory products that plug into America's defective tech exports, allowing the people who own and use those products to use them in ways that are good for them, even if those uses make the company's shareholders mad.
It's hard to convey how much money is on the table here. Take just one example: Apple's App Store. Apple forces all app vendors into using its payment processor, and charges them a 30 percent commission on every euro spent inside of an app.
30 percent! That's such a profitable business that Apple makes $100 billion per year on it. If the EU repeals Article 6 of the Copyright Directive, some smart geeks in Finland could reverse-engineer Apple's bootloaders and make a hardware dongle that jailbreaks phones so that they can use alternative app stores, and sell the dongle – along with the infrastructure to operate an app store – to anyone in the world who wants to go into business competing with Apple for users and app vendors.
Now, you might have heard that governments around the world have been trying to get Apple to open its App Store, and they've totally failed at this. When the EU hit Apple with an enforcement order under the Digital Markets Act, Apple responded by offering to allow third party app stores, but it would only allow those stores to sell apps that Apple had approved of.
[…]
When the EU explained that this would not satisfy the regulation, Apple threatened to pull out of the EU. Then, once everyone had finished laughing, Apple filed more than a dozen bullshit objections to the order hoping to tie this up in court for a decade, the way Google and Meta did for the GDPR.
It's not clear that the EU can force Apple to write code that opens up the iOS platform for alternative app stores and payment methods, but there is one thing that the EU can absolutely do with 100% reliability, any time they want: the EU can decide not to let Apple use Europe's courts to shut down European companies that defend European merchants, performers, makers, news outlets, game devs and creative workers, from Apple's ripoff, by jailbreaking phones.
Raiding Big Tech's margins is not an attack on the American people, nor on the small American businesses that are ripped off by Big Tech. It's a raid on the companies that screw everyday Americans and everyone else in the world. It's a way to make everyone in the world richer at the expense of these ripoff companies.
The handful of US Big Tech companies that supply the world's administrative tools are all vulnerable to pressure from the Trump admin, and that means that Trump can brick an entire nation.
Take transoceanic fiber optic cables: the way the transoceanic fiber routes were planned, the majority of these cables make landfall on the coasts of the USA where the interconnections are handled. […]
But putting all the world's telecoms eggs in America's basket only works if the US doesn't take advantage of its centrality, and while many people worried about what the US could do with the head-ends of the world's global fiber infra, it wasn't until Mark Klein's 2006 revelations about the NSA's nation-scale fiber optic taps in AT&T's network, and Ed Snowden's 2013 documents showing the global scale of this wiretapping, that the world had to confront the undeniable reality that the US could not be trusted to serve as the world's fiber hub.
It's not just fiber. The world does business in dollars. Most countries maintain dollar accounts at the Fed in New York as their major source of foreign reserves. But in 2005, American vulture capitalists bought up billions of dollars worth of Argentinian government bonds after the sovereign nation of Argentina had declared bankruptcy.
This is a neat encapsulation of the whole AI story: the chatbot can't do your job, but an AI salesman can convince your boss to fire you and replace you with a chatbot that can't do your job.
AI is a way to produce tech debt at scale, to replace skilled writers with defective spicy autocomplete systems, to lose money at a rate not seen in living memory.
Medtronic supplies the world's most widely used ventilators […]. After a hospital technician puts a new part in a Medtronic ventilator, the ventilator's central computing unit refuses to recognize the part until it completes a cryptographic handshake, proving that an authorized Medtronic technician was paid hundreds of euros to certify a repair that the hospital's own technician probably performed.
It's just a way to suck hundreds of euros out of hospitals every time a ventilator breaks. This would be bad enough, but during the covid lockdowns, when every ventilator was desperately needed, and when the planes stopped flying, there was no way for a Medtronic tech to come and bless the hospital technicians' repairs. This was lethal. It killed people.
There's one more European company that relies on anticircumvention that I want to discuss here, because they're old friends of CCC: that's the Polish train company Newag. Newag sabotages its own locomotives, booby-trapping them so that if they sense they have been taken to a rival's service yard, the train bricks itself. When the train operator calls Newag about this mysterious problem, the company "helpfully" remotes into the locomotive's computers, to perform "diagnostics," which is just sending a unbricking command to the vehicle, a service for which they charge 20,000 euros.
Transcription d’une conférence de Cory Doctorow au 39e Chaos Communications Congress.
En résumé : les lois anti-contournement imposées par le gouvernement US à tous les pays commerçant avec eux a créé un ecosystème hyper-avantageux pour les entreprises US, leur donnant un pouvoir démesuré (et une position monopolistique) sur les consommateurs des autres pays. Ces lois étaient imposées par le biais de menaces concernant l’imposition de taxes. La thèse de Doctorow est de dire que, puisque Trump met en place la menace des taxes malgré les lois anti-contournement, il n’y a pas de raison de maintenir ces lois. Ce qui libérerait le marché au profit d’entreprises européennes (dans le cas de l’Europe).
Ça me parait malgré tout hyper optimiste : si les pays européen décidaient d’abroger ces lois, nul doute que Trump trouverait d’autres moyens de pressions (comme, toujours plus de taxes ?) Il n’empêche qu’il met bien le doigt sur la manière dont le reste du monde s’est couché devant les conditions des US au point d’en devenir absolument dépendant.