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	<title>Freedom to Tinker</title>
	<atom:link href="http://www.freedom-to-tinker.com/?feed=rss2" rel="self" type="application/rss+xml" />
	<link>http://www.freedom-to-tinker.com</link>
	<description>... is your freedom to understand, discuss, repair, and modify the technological devices you own.</description>
	<pubDate>Thu, 03 Jul 2008 19:03:54 +0000</pubDate>
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			<item>
		<title>Vendor misinformation in the e-voting world</title>
		<link>http://www.freedom-to-tinker.com/?p=1304</link>
		<comments>http://www.freedom-to-tinker.com/?p=1304#comments</comments>
		<pubDate>Tue, 01 Jul 2008 17:18:48 +0000</pubDate>
		<dc:creator>Dan Wallach</dc:creator>
		
		<category><![CDATA[Voting]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1304</guid>
		<description><![CDATA[Last week, I testified before the Texas House Committee on Elections (you can read my testimony).  I&#8217;ve done this many times before, but I figured this time would be different.  This time, I was armed with the research from the California &#8220;Top to Bottom&#8221; reports and the Ohio EVEREST reports.  I was part of the [...]]]></description>
			<content:encoded><![CDATA[<p>Last week, I testified before the Texas House Committee on Elections (<a href="http://www.cs.rice.edu/~dwallach/pub/texas-house-elections25june08.pdf">you can read my testimony</a>).  I&#8217;ve done this many times before, but I figured this time would be different.  This time, I was armed with the research from the <a href="http://www.sos.ca.gov/elections/elections_vsr.htm">California &#8220;Top to Bottom&#8221; reports</a> and the <a href="http://www.sos.state.oh.us/Text.aspx?page=4519">Ohio EVEREST reports</a>.  I was part of the Hart InterCivic source code team for California&#8217;s analysis.  I knew the problems.  I was prepared to discuss them at length.</p>
<p>Wow, was I disappointed.  Here&#8217;s a quote from Peter Lichtenheld, speaking on behalf of Hart InterCivic:</p>
<blockquote><p>Security reviews of the Hart system as tested in California, Colorado, and Ohio were conducted by people who were given unfettered access to code, equipment, tools and time and they had no threat model.  While this may provide some information about system architecture in a way that casts light on questions of security, it should not be mistaken for a realistic approximation of what happens in an election environment.  In a realistic election environment, the technology is enhanced by elections professionals and procedures, and those professionals safeguard equipment and passwords, and physical barriers are there to inhibit tampering.  Additionally, jurisdiction ballot count, audit, and reconciliation processes safeguard against voter fraud.</p></blockquote>
<p>You can find the whole hearing online (via <a href="http://www.house.state.tx.us/fx/av/committee80/80625a13.ram">RealAudio streaming</a>), where you will hear the Diebold/Premier representative, as well as David Beirne, the director of their <a href="http://www.electiontech.org/">trade organization</a>, saying essentially the same thing.  Since this seems to be the voting system vendors&#8217; party line, let&#8217;s spend some time analyzing it.</p>
<p><em>Did our work cast light on questions of security?</em> Our work found a wide variety of flaws, most notably the possibility of &#8220;viral&#8221; attacks, where a single corrupted voting machine could spread that corruption, as part of regular processes and procedures, to every other voting system.  In effect, one attacker, corrupting one machine, could arrange for every voting system in the county to be corrupt in the subsequent election.  That&#8217;s a big deal.</p>
<p>At this point, the scientific evidence is in, it&#8217;s overwhelming, and it&#8217;s indisputable.  The current generation of DRE voting systems have a wide variety of dangerous security flaws.  There&#8217;s simply no justification for the vendors to be making excuses or otherwise downplaying the clear scientific consensus on the quality of their products.</p>
<p><em>Were we given unfettered access?</em> The big difference between what we had and what an attacker might have is that we had some (but not nearly all) source code to the system.  An attacker who arranged for some equipment to &#8220;fall off the back of a truck&#8221; would be able to extract all of the software, in binary form, and then would need to go through a tedious process of reverse engineering before reaching parity with the access we had. The lack of source code has demonstrably failed to do much to slow down attackers who find holes in other commercial software products.  Debugging and decompilation tools are really quite sophisticated these days.  All this means is that an attacker would need additional time to do the same work that we did.</p>
<p><em>Did we have a threat model?</em> Absolutely!  See chapter three of our report, conveniently titled &#8220;Threat Model.&#8221;  The different teams working on the top to bottom report collaborated together to draft this chapter. It talks about attackers&#8217; goals, levels of access, and different variations on how sophisticated an attacker might be.  It is hard to accept that the vendors can get away with claiming that the reports did not have a threat model, when a simple check of the table of contents of the reports disproves their claim.</p>
<p><em>Was our work a &#8220;realistic approximation&#8221; of what happens in a real election?</em> When the vendors call our work &#8220;unrealistic&#8221;, they usually mean one of two things:</p>
<ol>
<li> Real attackers couldn&#8217;t discover these vulnerabilities</li>
<li> The attackers can&#8217;t be exploited in the real world.</li>
</ol>
<p>Both of these arguments are wrong. In real elections, individual voting machines are not terribly well safeguarded.  In a studio where I take swing dance lessons, I found a rack of eSlates two weeks after the election in which they were used.  They were in their normal cases.  There were no security seals.  (I didn&#8217;t touch them, but I did have a very good look around.) That&#8217;s more than sufficient access for an attacker wanting to tamper with a voting machine.  Likewise, Ed Felten has a series of Tinker posts about <a href="http://www.freedom-to-tinker.com/?p=1297">unguarded voting machines in Princeton</a>.</p>
<p>Can an attacker learn enough about these machines to construct the attacks we described in our report? This sort of thing would need to be done in private, where a team of smart attackers could carefully reverse engineer the machine and piece together the attack.  I&#8217;ll estimate that it would take a group of four talented people, working full time, two to three months of effort to do it.  <em>Once</em>.  After that, you&#8217;ve got your evil attack software, ready to go, with only minutes of effort to boot a single eSlate, install the malicious software patch, and then it&#8217;s off to the races.  The attack would only need to be installed on a single eSlate per county in order to spread to every other eSlate.  The election professionals and procedures would be helpless to prevent it.  (Hart has a &#8220;hash code testing&#8221; mechanism that&#8217;s meant to determine if an eSlate is running authentic software, but it&#8217;s trivial to defeat.  See issues 9 through 12 in our report.)</p>
<p><em>What about auditing, reconciliation, &#8220;logic and accuracy&#8221; testing, and other related procedures?</em> Again, all easily defeated by a sophisticated attacker.  Generally speaking, there are several different kinds of tests that DRE systems support.  &#8220;Self-tests&#8221; are trivial for malicious software to detect, allowing the malicious software to either disable and fake the test results, or simply behave correctly.  Most &#8220;logic and accuracy&#8221; tests boil down to casting a handful of votes for each candidate and then doing a tally.  Malicious software might simply behave correctly until more than a handful of votes have been received.  Likewise, malicious software might just look at the clock and behave correctly unless it&#8217;s the proper election day.  Parallel testing is about pulling machines out of service and casting what appears to be completely normal votes on them while the real election is ongoing.  This may or may not detect malicious software, but <em>nobody in Texas does parallel testing</em>.  Auditing and reconciliation are all about comparing different records of the same event.  If you&#8217;ve got a voter-verified paper audit trail (VVPAT) attachment to a DRE, then you could compare it with the electronic records.  <em>Texas has not yet certified any VVPAT printers</em>, so those won&#8217;t help here.  (The VVPAT printers sold by current DRE vendors have other problems, but that&#8217;s a topic for another day.) The &#8220;redundant&#8221; memories in the DREs are all that you&#8217;ve got left to audit or reconcile.  Our work shows how this redundancy is unhelpful against security threats; malicious code will simply modify all of the copies in synchrony.</p>
<p>Later, the Hart representative remarked:</p>
<blockquote><p>The Hart system is the only system approved as-is for the November 2007 general election after the top to bottom review in California.</p></blockquote>
<p>This line of argument depends on the fact that most of Hart&#8217;s customers will never bother to read our actual report.  As it turns out, this was largely true in the initial rules from the CA Secretary of State, but you need to read the <a href="http://www.sos.ca.gov/elections/voting_systems/ttbr/hart_amended_recert_final_120707.pdf">current rules</a>, which were released several months later.  The new rules, in light of the viral threat against Hart systems, requires the back-end system (&#8221;SERVO&#8221;) to be rebooted after each and every eSlate is connected to it.  That&#8217;s hardly &#8220;as-is&#8221;.  If you have thousands of eSlates, properly managing an election with them will be exceptionally painful.  If you only have one eSlate per precinct, as California required for the other vendors, with most votes cast on optical-scanned paper ballots, you would have a much more manageable election.</p>
<p><em>What&#8217;s it all mean? </em> Unsurprisingly, the vendors and their trade organization are spinning the results of these studies, as best they can, in an attempt to downplay their significance.  Hopefully, legislators and election administrators are smart enough to grasp the vendors&#8217; behavior for what it actually is and take appropriate steps to bolster our election integrity.</p>
<p>Until then, the bottom line is that many jurisdictions in Texas and elsewhere in the country will be using e-voting equipment this November with known security vulnerabilities, and the procedures and controls they are using will not be sufficient to either prevent or detect sophisticated attacks on their e-voting equipment. While there are procedures with the capability to detect many of these attacks (e.g., post-election auditing of voter-verified paper records), Texas has not certified such equipment for use in the state.  Texas&#8217;s DREs are simply vulnerable to and undefended against attacks.</p>
<p><strong><em>CORRECTION: In the comments, Tom points out that Travis County (Austin) does perform parallel tests.  Other Texas counties don&#8217;t.  This means that some classes of malicious machine behavior could potentially be discovered in Travis County.</em></strong></p>
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		<title>Newspapers&#8217; Problem: Trouble Targeting Ads</title>
		<link>http://www.freedom-to-tinker.com/?p=1303</link>
		<comments>http://www.freedom-to-tinker.com/?p=1303#comments</comments>
		<pubDate>Mon, 30 Jun 2008 13:55:10 +0000</pubDate>
		<dc:creator>David Robinson</dc:creator>
		
		<category><![CDATA[Publishing]]></category>

		<category><![CDATA[Recommended Reading]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1303</guid>
		<description><![CDATA[Richard Posner has written a characteristically thoughtful blog entry about the uncertain future of newspapers. He renders widespread journalistic concern about the unwieldy character of newspapers into the crisp economic language of &#8220;bundling&#8221;:
Bundling is efficient if the cost to the consumer of the bundled products that he doesn&#8217;t want is less than the cost saving [...]]]></description>
			<content:encoded><![CDATA[<p>Richard Posner has written a characteristically thoughtful <a href="http://www.becker-posner-blog.com/archives/2008/06/are_newspapers.html">blog entry</a> about the uncertain future of newspapers. He renders widespread journalistic concern about the unwieldy character of newspapers into the crisp economic language of &#8220;bundling&#8221;:</p>
<blockquote><p>Bundling is efficient if the cost to the consumer of the bundled products that he doesn&#8217;t want is less than the cost saving from bundling. A particular newspaper reader might want just the sports section and the classified ads, but if for example delivery costs are high, the price of separate sports and classified-ad &#8220;newspapers&#8221; might exceed that of a newspaper that contained both those and other sections as well, even though this reader was not interested in the other sections.</p></blockquote>
<p>With the Internet&#8217;s dramatic reductions in distribution costs, the gains from bundling are decreased, and readers are less likely to prefer bundled products. I agree with Posner that this is an important insight about the behavior of readers, but would argue that reader behavior is only a secondary problem for newspapers. The product that newspaper publishers sell&#8212;the dominant source of their revenues&#8212;is not newspapers, but audiences.</p>
<p>Toward the end of his post, Posner acknowledges that papers have trouble selling ads because it has gotten easier to reach niche audiences. That seems to me to be the real story: Even if newspapers had undiminished audiences today, they&#8217;d <em>still</em> be struggling because, on a per capita basis, they are a much clumsier way of reaching readers. There are some populations, such as the elderly and people who are too poor to get online, who may be reachable through newspapers and unreachable through online ads. But the fact that today&#8217;s elderly are disproportionately offline is an artifact of the Internet&#8217;s novelty (they didn&#8217;t grow up with it), not a persistent feature of the marektplace. Posner acknoweldges that the preference of today&#8217;s young for online sources &#8220;will not change as they get older,&#8221; but goes on to suggest incongruously that printed papers might plausibly survive as &#8220;a retirement service, like Elderhostel.&#8221; I&#8217;m currently 26, and if I make it to 80, I very strongly doubt I&#8217;ll be subscribing to printed papers. More to the point, my increasing age over time doesn&#8217;t imply a growing preference for print; if anything, age is anticorrelated with change in one&#8217;s daily habits.</p>
<p>As for the claim that poor or disadvantaged communities are more easily reached offline than on, it still faces the objection that television is a much more efficient way of reaching large audiences than newsprint. There&#8217;s also the question of how much revenue can realistically be generated by building an audience of people defined by their relatively low level of purchasing power. If newsprint does survive at all, I might expect to see it as a nonprofit service directed at the least advantaged. Then again, if C. K. Prahalad is correct that businesses have neglected a &#8220;fortune at the <a href="http://books.google.com/books?hl=en&amp;id=R5ePu1awfloC&amp;dq=bottom+of+the+pyramid&amp;printsec=frontcover&amp;source=web&amp;ots=MaMmQJZys4&amp;sig=FBjetTtc2NjJhajIsczzXGd0baU&amp;sa=X&amp;oi=book_result&amp;resnum=2&amp;ct=result">bottom of the pyramid</a>&#8221; that can be gathered by aggregating the small purchases of large numbers of poor people, we may yet see papers survive in the developing world. The greater relative importance of cell phones there, as opposed to larger screens, could augur favorably for the survival of newsprint. But phones in the developing world are advancing quickly, and may yet emerge as a better-than-newsprint way of reading the news.</p>
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		<title>The End of Theory?  Not Likely</title>
		<link>http://www.freedom-to-tinker.com/?p=1302</link>
		<comments>http://www.freedom-to-tinker.com/?p=1302#comments</comments>
		<pubDate>Thu, 26 Jun 2008 14:46:24 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Innovation Policy]]></category>

		<category><![CDATA[Predictions]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1302</guid>
		<description><![CDATA[An essay in the new Wired, &#8220;The End of Theory: The Data Deluge Makes the Scientific Method Obsolete,&#8221; argues that we won&#8217;t need scientific theories any more, now that we have so much stored information and such great tools for analyzing it.   Wired has never been the best source for accurate technology information, [...]]]></description>
			<content:encoded><![CDATA[<p>An essay in the new <i>Wired</i>, &#8220;<a href="http://www.wired.com/science/discoveries/magazine/16-07/pb_theory">The End of Theory: The Data Deluge Makes the Scientific Method Obsolete</a>,&#8221; argues that we won&#8217;t need scientific theories any more, now that we have so much stored information and such great tools for analyzing it.   Wired has never been the best source for accurate technology information, but this has to be a new low point.</p>
<p>Here&#8217;s the core of the essay&#8217;s argument:</p>
<blockquote>
<p>[...] The scientific method is built around testable hypotheses. These models, for the most part, are systems visualized in the minds of scientists. The models are then tested, and experiments confirm or falsify theoretical models of how the world works. This is the way science has worked for hundreds of years.</p>
<p>Scientists are trained to recognize that correlation is not causation, that no conclusions should be drawn simply on the basis of correlation between X and Y (it could just be a coincidence). Instead, you must understand the underlying mechanisms that connect the two. Once you have a model, you can connect the data sets with confidence. Data without a model is just noise.</p>
<p>But faced with massive data, this approach to science — hypothesize, model, test — is becoming obsolete. Consider physics: Newtonian models were crude approximations of the truth (wrong at the atomic level, but still useful). A hundred years ago, statistically based quantum mechanics offered a better picture — but quantum mechanics is yet another model, and as such it, too, is flawed, no doubt a caricature of a more complex underlying reality. The reason physics has drifted into theoretical speculation about n-dimensional grand unified models over the past few decades (the &#8220;beautiful story&#8221; phase of a discipline starved of data) is that we don&#8217;t know how to run the experiments that would falsify the hypotheses — the energies are too high, the accelerators too expensive, and so on.</p>
</blockquote>
<p>There are several errors here, but the biggest one is about correlation and causation.  It&#8217;s true that correlation does not imply causation.  But the reason is not that the correlation might have arisen by chance &#8212; that possibility can be eliminated given enough data.  The problem is that we need to know what kind of causation is operating.</p>
<p>To take a simple example, suppose we discover a correlation between eating spinach and having strong muscles.   Does this mean that eating spinach will make you stronger?  Not necessarily; this will only be true if spinach causes strength.  But maybe people in poor health, who tend to have weaker muscles, have an aversion to spinach.  Maybe this aversion is a good thing because spinach is actually harmful to people in poor health.  If that is true, then telling everybody to eat more spinach would be harmful.  Maybe some common syndrome causes both weak muscles and aversion to spinach.  In that case, the next step would be to study that syndrome.  I could go on, but the point should be clear.  Correlations are interesting, but if we want a guide to action &#8212; even if all we want to know is what question to ask next &#8212; we need models and experimentation.  We need the scientific method.</p>
<p>Indeed, in a world with more and more data, and better and better tools for finding correlations, we need the scientific method more than ever.   This is confirmed by the essay&#8217;s physics story, in which physics theory (supposedly) went off the rails due to a <i>lack of</i> experimental data.   Physics theory would be more useful if there were more data.   And the same is true of scientific theory in general: theory and experiment advance in tandem, with advances in one creating opportunities for the other.  In the coming age, theory will not wither away.  Instead, it will be the greatest era ever for theory, and for experiment.</p>
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		<title>Copyright, Technology, and Access to the Law</title>
		<link>http://www.freedom-to-tinker.com/?p=1301</link>
		<comments>http://www.freedom-to-tinker.com/?p=1301#comments</comments>
		<pubDate>Tue, 24 Jun 2008 16:04:24 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Copyright]]></category>

		<category><![CDATA[Government transparency]]></category>

		<category><![CDATA[Recommended Reading]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1301</guid>
		<description><![CDATA[James Grimmelmann has an interesting new essay, &#8220;Copyright, Technology, and Access to the Law,&#8221; on the challenges of ensuring that the public has effective knowledge of the laws.   This might sound like an easy problem, but Grimmelmann combines history and explanation to show why it can be difficult.  The law &#8212; which [...]]]></description>
			<content:encoded><![CDATA[<p>James Grimmelmann has an interesting new essay, &#8220;<a href="http://james.grimmelmann.net/essays/CopyrightTechnologyAccess">Copyright, Technology, and Access to the Law</a>,&#8221; on the challenges of ensuring that the public has effective knowledge of the laws.   This might sound like an easy problem, but Grimmelmann combines history and explanation to show why it can be difficult.  The law &#8212; which includes both legislators&#8217; statutes and judges&#8217; decisions &#8212; is large, complex, and ever-changing.  </p>
<p>Suppose I gave you a big stack of paper containing all of the laws ever passed by Congress (and signed by the President).  This wouldn&#8217;t be very useful, if what you wanted was to know whether some action you were contemplating would violate the law.  How would you find the laws bearing on that action?  And if you did find such a law, how would you determine whether it had been repealed or amended later, or how courts had interpreted it?</p>
<p>Making the law accessible in practice, and not just in theory, requires a lot of work.  You need reliable summaries, topic-based indices, reverse-citation indices (to help you find later documents that might affect the meaning of earlier ones), and so on.  In the old days of paper media, all of this had to be printed and distributed in large books, and updated editions had to be published regularly.  How to make this happen was an interesting public policy problem.</p>
<p>The traditional answer has been copyright.  Generally, the laws themselves (statutes and court opinions) are not copyrightable, but extra-value content such as summaries and indices can be copyrighted.   The usual theory of copyright applies: give the creators of extra-value content some exclusive rights, and the profit motive will ensure that good content is created.</p>
<p>This has some similarity to <a href="http://www.freedom-to-tinker.com/?p=1296">our Princeton model</a> for government transparency, which urges government to publish information in simple open formats, and leave it to private parties to organize and present the information to the public.  Here government was creating the basic information (statutes and court opinions) and private parties were adding value.   It wasn&#8217;t exactly our model, as government was not taking care to publish information in the form that best facilitated private re-use, but it was at least evidence for our assertion that, given data, private parties will step in and add value.</p>
<p>All of this changed with the advent of computers and the Internet, which made many of the previously difficult steps cheaper and easier.   For example, it&#8217;s much easier to keep a website up to date than to deliver updates to the owners of paper books.  Computers can easily construct citation indices, and a search engine provides much of the value of a printed index.   Access to the laws can be cheaper and easier now.</p>
<p>What does this mean for public policy?  First, we can expect more competition to deliver legal information to the public, thanks to the reduced barriers to entry.   Second, as competition drives down prices we&#8217;ll see fewer entities that are solely in the business of providing access to laws; instead we&#8217;ll see more non-profits, along with businesses providing free access.   More competition and lower prices will mean better and more effective access to the law for citizens.  Third, copyright will still play a role by supporting the steps that remain costly, such as the writing of summaries.</p>
<p>Finally, it will matter more than ever exactly how government provides access to the raw information.   If, as sometimes happens now, government provides the raw information in an awkward or difficult-to-use form, private actors must invest in converting it into a more usable form.   These investments might not have mattered much in the past when the rest of the process was already expensive; but in the Internet age they can make a big difference.    Given access to the right information in the right format, one person can produce a useful mashup or visualization tool with a few weeks of spare-time work.  Government, by getting the details of data publication right, can enable a flood of private innovation, not to mention a better public debate.</p>
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		<title>New bill advances open data, but could be better for reuse</title>
		<link>http://www.freedom-to-tinker.com/?p=1300</link>
		<comments>http://www.freedom-to-tinker.com/?p=1300#comments</comments>
		<pubDate>Wed, 11 Jun 2008 16:24:32 +0000</pubDate>
		<dc:creator>David Robinson</dc:creator>
		
		<category><![CDATA[Computing in the Cloud]]></category>

		<category><![CDATA[Government transparency]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1300</guid>
		<description><![CDATA[Senators Obama, Coburn, McCain, and Carper have introduced the Strengthening Transparency and Accountability in Federal Spending Act of 2008 (S. 3077), which would modify their 2006 transparency act. That first bill created USASpending.gov, a searchable web site of government outlays. USASpending.gov&#8212;which was based on software developed by OMB Watch and the Sunlight Foundation&#8212;allows end users [...]]]></description>
			<content:encoded><![CDATA[<p>Senators Obama, Coburn, McCain, and Carper have introduced the <a href="http://www.ombwatch.org/fedspending/ociiasintroduced.pdf">Strengthening Transparency and Accountability in Federal Spending Act of 2008 (S. 3077)</a>, which would modify their 2006 <a href="http://thomas.loc.gov/cgi-bin/bdquery/z?d109:S.2590:">transparency act</a>. That first bill created <a href="http://www.usaspending.gov/aboutthissite.php">USASpending.gov</a>, a searchable web site of government outlays. USASpending.gov&#8212;which was based on software developed by OMB Watch and the Sunlight Foundation&#8212;allows end users to search across a variety of criteria. It has begun offering an API, an interface that lets developers query the data and display the results on their own sites. This allows a kind of reuse, but differs significantly from the approach suggested in our recent &#8220;<a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1138083">Invisible Hand</a>&#8221; paper. We urge that <em>all</em> the data be published in open formats. An API delivers search results, but that makes the search interface itself very important: having to work through an interface sometimes limits developers from making innovative, unforeseen uses of the data.</p>
<p>The new bill would expand the scope of information available via USASpending.gov, adding information about federal contracts, leases, and audit disputes, among other areas. But it would also elevate the API itself to a matter of statutory mandate. I&#8217;m all in favor of mandates that make data available and reusable, but the wording here is already a prime example of why technical standards are often better left to expert regulatory bodies than etched in statute:</p>
<blockquote><p>&#8221; (E) programmatically search and access all data in a serialized machine readable format (such as XML) via a web-services application programming interface&#8221;</p></blockquote>
<p>A technical expert body would (I hope) recognize that there is added value in allowing the data itself to be published so that all of it can be accessed at once. This is significantly different from the site&#8217;s current attitude; addressing the list of top contractors by dollar volume, the site&#8217;s <a href="http://www.usaspending.gov/faq.php#20">FAQ</a> says it &#8220;does not allow the results of these tables to be downloaded in delimited or XML format because they are not standard search results.&#8221; I would argue that standardizers of search results, whomever they may be, should not be able to disallow any data from being downloaded. There doesn&#8217;t necessarily need to be a downloadable table of top contractors, but it should be possible for citizens to download all the data so that they can compose such a table themselves if they so desire. The API approach, if it substitutes for making all the data available for download, takes us away from the most vibrant possible ecosystem of data reuse, since whenever government web sites design an interface (whether it&#8217;s a regular web interface for end users, or a code-level interface for web developers), they import assumptions about how the data will be used.</p>
<p>All that said, it&#8217;s easy to make the data available for download, and a straightforward additional requirement that could be added to the bill. And in any cause we owe a debt of gratitude to Senators Coburn, Obama, McCain and Carper for their pioneering, successful efforts in this area.</p>
<p>==</p>
<p><strong>Update, June 12: </strong>Amended the list of cosponsors to include Sens. Carper and (notably) McCain. With both major presidential candidates as cosponsors, the bill seems to reflect a political consensus. The original bill back in 2006 had <a href="http://www.govtrack.us/congress/bill.xpd?bill=s109-2590">48 cosponsors</a> and passed unanimously.</p>
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		<title>Study Shows DMCA Takedowns Based on Inconclusive Evidence</title>
		<link>http://www.freedom-to-tinker.com/?p=1298</link>
		<comments>http://www.freedom-to-tinker.com/?p=1298#comments</comments>
		<pubDate>Fri, 06 Jun 2008 14:36:18 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Copyright]]></category>

		<category><![CDATA[DMCA]]></category>

		<category><![CDATA[Peer-to-Peer]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1298</guid>
		<description><![CDATA[A new study by Michael Piatek, Yoshi Kohno and Arvind Krishnamurthy at the University of Washington shows that copyright owners&#8217; representatives sometimes send DMCA takedown notices where there is no infringement &#8212; and even to printers and other devices that don&#8217;t download any music or movies.  The authors of the study received more than [...]]]></description>
			<content:encoded><![CDATA[<p>A new <a href="http://dmca.cs.washington.edu/">study</a> by Michael Piatek, Yoshi Kohno and Arvind Krishnamurthy at the University of Washington shows that copyright owners&#8217; representatives sometimes send <a href="http://en.wikipedia.org/wiki/DMCA_takedown">DMCA takedown notices</a> where there is no infringement &#8212; and even to printers and other devices that don&#8217;t download any music or movies.  The authors of the study received more than 400 spurious takedown notices.  </p>
<p>Technical details are summarized in the study&#8217;s <a href="http://dmca.cs.washington.edu/faq.html">FAQ</a>:</p>
<blockquote>
<p>Downloading a file from BitTorrent is a two step process. First, a new user contacts a central coordinator <i>[a "tracker" -- Ed]</i>  that maintains a list of all other users currently downloading a file and obtains a list of other downloaders. Next, the new user contacts those peers, requesting file data and sharing it with others. Actual downloading and/or sharing of copyrighted material occurs only during the second step, but our experiments show that some monitoring techniques rely only on the reports of the central coordinator to determine whether or not a user is infringing. In these cases whether or not a peer is actually participating is not verified directly. In our paper, we describe techniques that exploit this lack of direct verification, allowing us to frame arbitrary Internet users.</p>
</blockquote>
<p>The existence of erroneous takedowns is not news &#8212; anybody who has seen the current system operating knows that some notices are just wrong, for example referring to unused IP addresses.  Somewhat more interesting is the result that it is pretty easy to &#8220;frame&#8221; somebody so they get takedown notices despite doing nothing wrong.  Given this, it would be a mistake to infer a pattern of infringement based solely on the existence of takedown notices.  More evidence should be required before imposing punishment.</p>
<p>Now it&#8217;s not entirely crazy to send some kind of soft &#8220;warning&#8221; to a user based on the kind of evidence described in the Washington paper.   Most of the people who received such warnings would probably be infringers, and if it&#8217;s nothing more than a warning (&#8221;Hey, it looks like you might be infringing.  Don&#8217;t infringe.&#8221;) it could be effective, especially if the recipients know that with a bit more work the copyright owner could gather stronger evidence.   Such a system could make sense, as long as everybody understood that warnings were not evidence of infringement.</p>
<p>So are copyright owners overstepping the law when they send takedown notices based on inconclusive evidence?  Only a lawyer can say for sure.  I&#8217;ve read the statute and it&#8217;s not clear to me.  Readers who have an informed opinion on this question are encouraged to speak up in the comments.</p>
<p>Whether or not copyright owners can send <i>warnings</i> based on inconclusive evidence, the notification letters they actually send imply that there is strong evidence of infringement.  Here&#8217;s an excerpt from a <a href="http://dmca.cs.washington.edu/sample.html">letter</a> sent to the University of Washington about one of the (non-infringing) study computers:</p>
<blockquote>
<p>XXX, Inc. swears under penalty of perjury that YYY Corporation has authorized XXX to act as its non-exclusive agent for copyright infringement notification. XXX&#8217;s search of the protocol listed below has detected infringements of YYY&#8217;s copyright interests on your IP addresses as detailed in the attached report.</p>
<p>XXX has reasonable good faith belief that use of the material in the manner complained of in the attached report is not authorized by YYY, its agents, or the law. The information provided herein is accurate to the best of our knowledge. Therefore, this letter is an official notification to effect removal of the detected infringement listed in the attached report. The attached documentation specifies the exact location of the infringement.</p>
</blockquote>
<p>The statement that the search &#8220;has detected infringements &#8230; on your IP addresses&#8221; is not accurate, and the later reference to &#8220;the detected infringement&#8221; also misleads.  The letter contains details of the purported infringement, which once again give the false impression that the letter&#8217;s sender has verified that infringement was actually occurring:</p>
<blockquote>
<p>Evidentiary Information:<br />
Notice ID: xx-xxxxxxxx<br />
Recent Infringement Timestamp: 5 May 2008 20:54:30 GMT<br />
Infringed Work: Iron Man<br />
Infringing FileName: Iron Man TS Kvcd(A Karmadrome Release)KVCD by DangerDee<br />
Infringing FileSize: 834197878<br />
Protocol: BitTorrent<br />
Infringing URL: http://tmts.org.uk/xbtit/announce.php<br />
Infringers IP Address: xx.xx.xxx.xxx<br />
Infringer&#8217;s DNS Name: d-xx-xx-xxx-xxx.dhcp4.washington.edu<br />
Infringer&#8217;s User Name:<br />
Initial Infringement Timestamp: 4 May 2008 20:22:51 GMT</p>
</blockquote>
<p>The obvious question at this point is why the copyright owners don&#8217;t do the extra work to verify that the target of the letter is actually transferring copyrighted content.   There are several possibilities.  Perhaps BitTorrent clients can recognize and shun the detector computers.  Perhaps they don&#8217;t want to participate in an act of infringement by sending or receiving copyrighted material (which would be necessary to know that something on the targeted computer is willing to transfer it).  Perhaps it simply serves their interests better to send lots of weak accusations, rather than fewer stronger ones.   Whatever the reason, until copyright owners change their practices, DMCA notices should not be considered strong evidence of infringement.</p>
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		<title>NJ Election Day: Voting Machine Status</title>
		<link>http://www.freedom-to-tinker.com/?p=1297</link>
		<comments>http://www.freedom-to-tinker.com/?p=1297#comments</comments>
		<pubDate>Tue, 03 Jun 2008 17:50:05 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Security]]></category>

		<category><![CDATA[Voting]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1297</guid>
		<description><![CDATA[Today is primary election day in New Jersey, for all races except U.S. President.  (The presidential primary was Feb. 5.)  Here&#8217;s a roundup of the voting-machine-related issues.
First, Union County found that Sequoia voting machines had difficulty reporting results for a candidate named Carlos Cedeño, reportedly because it couldn&#8217;t handle the n-with-tilde character in [...]]]></description>
			<content:encoded><![CDATA[<p>Today is primary election day in New Jersey, for all races except U.S. President.  (The presidential primary was Feb. 5.)  Here&#8217;s a roundup of the voting-machine-related issues.</p>
<p>First, Union County found that Sequoia voting machines had difficulty reporting results for a candidate named Carlos Cedeño, reportedly because it couldn&#8217;t handle the n-with-tilde character in his last name.   According to the Star-Ledger, Sequoia says that election results will be correct but there will be some kind of omission on the result tape printed by the voting machine.</p>
<p>Second, the voting machines in my polling place are fitted with a clear-plastic shield over the operator panel, which only allows certain buttons on the panel to be pressed.   Recall that some Sequoia machines reported discrepancies in the presidential primary on Feb. 5, and Sequoia said that these happened when poll workers accidentally pressed buttons on the operator panel that were supposed to be unused.   This could only have been caused by a design problem in the machines, which probably was in the software.   To my knowledge, Sequoia hasn&#8217;t fixed the design problem (nor have they offered an explanation that is consistent with all of the evidence &#8212; but that&#8217;s another story), so there was likely an ongoing risk of trouble in today&#8217;s election.  The plastic shield looks like a kludgy but probably workable temporary fix.</p>
<p>Third, voting machines were left unguarded all over Princeton, as usual.  On Sunday and Monday evenings, I visited five polling places in Princeton and found unguarded voting machines in all of them &#8212; 18 machines in all.   The machines were sitting in school cafeteria/gyms, entry hallways, and even in a loading dock area.  In no case were there any locks or barriers stopping people from entering and walking right up to the machines.  In no case did I see any other people.  (This was in the evening, roughly between 8:00 and 9:00 PM).  There were even handy signs posted on the street pointing the way to the polling place, showing which door to enter, and so on.  </p>
<p>Here are some photos of unguarded voting machines, taken on Sunday and Monday:</p>
<p><img src="http://www.freedom-to-tinker.com/doc/2008/June_3/1.jpg"/></p>
<p><img src="http://www.freedom-to-tinker.com/doc/2008/June_3/17.jpg"/></p>
<p><img src="http://www.freedom-to-tinker.com/doc/2008/June_3/94.jpg"/></p>
<p><img src="http://www.freedom-to-tinker.com/doc/2008/June_3/6.jpg"/></p>
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		<title>Government Data and the Invisible Hand</title>
		<link>http://www.freedom-to-tinker.com/?p=1296</link>
		<comments>http://www.freedom-to-tinker.com/?p=1296#comments</comments>
		<pubDate>Mon, 02 Jun 2008 13:58:26 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Competition]]></category>

		<category><![CDATA[Computing in the Cloud]]></category>

		<category><![CDATA[Government transparency]]></category>

		<category><![CDATA[Innovation Policy]]></category>

		<category><![CDATA[Online Communities]]></category>

		<category><![CDATA[Recommended Reading]]></category>

		<category><![CDATA[Works in Progress]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1296</guid>
		<description><![CDATA[David Robinson, Harlan Yu, Bill Zeller, and I have a new paper about how to use infotech to make government more transparent.   We make specific suggestions, some of them counter-intuitive, about how to make this happen.  The final version of our paper will appear in the Fall issue of the Yale Journal [...]]]></description>
			<content:encoded><![CDATA[<p>David Robinson, Harlan Yu, Bill Zeller, and I have a <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1138083">new paper</a> about how to use infotech to make government more transparent.   We make specific suggestions, some of them counter-intuitive, about how to make this happen.  The final version of our paper will appear in the Fall issue of the Yale Journal of Law and Technology.  The best way to summarize it is to quote the introduction:</p>
<blockquote>
<p>If the next Presidential administration really wants to embrace the potential of Internet-enabled government transparency, it should follow a counter-intuitive but ultimately compelling strategy: <i>reduce</i> the federal role in presenting important government information to citizens.  Today, government bodies consider their own websites to be a higher priority than technical infrastructures that open up their data for others to use.  We argue that this understanding is a mistake.  It would be preferable for government to understand providing reusable data, rather than providing websites, as the core of its online publishing responsibility.</p>
<p>In the current Presidential cycle, all three candidates have indicated that they think the federal government could make better use of the Internet.  Barack Obama&#8217;s platform explicitly endorses &#8220;making government data available online in universally accessible formats.&#8221;  Hillary Clinton, meanwhile, remarked that she wants to see much more government information online.  John McCain, although expressing excitement about the Internet, has allowed that he would like to delegate the issue, possible to a vice-president.</p>
<p>But the situation to which these candidates are responding &#8212; the wide gap between the exciting uses of Internet technology by private parties, on the one hand, and the government&#8217;s lagging technical infrastructure on the other &#8212; is not new.  The federal government has shown itself consistently unable to keep pace with the fast-evolving power of the Internet.</p>
<p>In order for public data to benefit from the same innovation and dynamism that characterize private parties&#8217; use of the Internet, the federal government must reimagine its role as an information provider.  Rather than struggling, as it currently does, to design sites that meet each end-user need, it should <b>focus on creating a simple, reliable and publicly accessible infrastructure that &#8220;exposes&#8221; the underlying data.</b>  Private actors, either nonprofit or commercial, are better suited to deliver government information to citizens and can constantly create and reshape the tools individuals use to find and leverage public data.  The best way to ensure that the government allows private parties to compete on equal terms in the provision of government data is to <b>require that federal websites themselves use the same open systems for accessing the underlying data as they make available to the public at large.</b></p>
<p>Our approach follows the engineering principle of separating data from interaction, which is commonly used in constructing websites.  Government must provide data, but we argue that websites that provide interactive access for the public can best be built by private parties.  This approach is especially important given recent advances in interaction, which go far beyond merely offering data for viewing, to offer services such as advanced search, automated content analysis, cross-indexing with other data sources, and data visualization tools.  These tools are promising but it is far from obvious how best to combine them to maximize the public value of government data.  Given this uncertainty, the best policy is not to hope government will choose the one best way, but to rely on private parties with their vibrant marketplace of engineering ideas to discover what works.</p>
</blockquote>
<p>To read more, see <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1138083">our preprint on SSRN</a>.</p>
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		<title>The Microsoft Case: The Second Browser War</title>
		<link>http://www.freedom-to-tinker.com/?p=1295</link>
		<comments>http://www.freedom-to-tinker.com/?p=1295#comments</comments>
		<pubDate>Thu, 29 May 2008 13:18:51 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Competition]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1295</guid>
		<description><![CDATA[Today I&#8217;ll wrap up my series of posts looking back at the Microsoft Case, by looking at the Second Browser War that is now heating up.  
The First Browser War, of course, started in the mid-1990s with the rise of Netscape and its Navigator browser.  Microsoft was slow to spot the importance the [...]]]></description>
			<content:encoded><![CDATA[<p>Today I&#8217;ll wrap up my series of posts looking back at the Microsoft Case, by looking at the Second Browser War that is now heating up.  </p>
<p>The First Browser War, of course, started in the mid-1990s with the rise of Netscape and its Navigator browser.  Microsoft was slow to spot the importance the Web and raced to catch up.  With version 3 of its Internet Explorer browser, released in 1996, Microsoft reached technical parity with Netscape.  This was not enough to capture market share &#8212; most users stuck with the familiar Navigator &#8212; and Microsoft responded by adopting the tactics that provoked the antitrust case.   With the help of these tactics, Microsoft won the first browser war, capturing the lion&#8217;s share of the browser market as Navigator was sold to AOL and then faded into obscurity.</p>
<p>On its way over the cliff, Netscape spun off an open source version of its browser, dubbing it Mozilla, after the original code name for Netscape&#8217;s browser.  Over time, the Mozilla project released other software and renamed its browser as Mozilla Firefox.   Microsoft, basking in its browser-war victory and high market share, moved its attention elsewhere as Firefox improved  steadily.  Now Firefox market share is around 15% and growing, and many commentators see Firefox as technically superior to current versions of Internet Explorer.  Lately, Microsoft is paying renewed attention to Internet Explorer and the browser market.   This may be the start of a Second Browser War.</p>
<p>It&#8217;s interesting to contrast the Second Browser War with the First.  I see four main differences.</p>
<p>First, Firefox is an open-source project where Navigator was not.   The impact of open source here is not in its zero price &#8212; in the First Browser War, both browsers had zero price &#8212; but in its organization.  Firefox is developed and maintained by a loosely organized coalition of programmers, many of whom work for for-profit companies.  There is also a central Mozilla organization, which has its own revenue stream (coming mostly from Google in exchange for Firefox driving search traffic to Google), but the central organization plays a much smaller role in browser development than Netscape did.  Mozilla, not needing to pay all of its developers from browser revenue, has a much lower &#8220;burn rate&#8221; than Netscape did and is therefore much more resistant to attacks on its revenue stream.   Indeed, the Firefox technology will survive, and maybe even prosper, even if the central organization is destroyed.  In short, an open source competitor is much harder to kill.</p>
<p>The second difference is that this time Microsoft starts with most of the market share, whereas before it had very little.  Market share tends to be stable  &#8212; customers stick with the familiar, unless they have a good reason to switch &#8212; so the initial leader has a significant advantage.  Microsoft might be able to win the Second Browser War, at least in a market-share sense, just by maintaining technical parity.</p>
<p>The third difference is that technology has advanced a lot in the intervening decade.  One implication is that web-based applications are more widespread and practical than before.  (But note that participants in the First Browser War <a href="http://www.freedom-to-tinker.com/?p=1294">probably overestimated</a> the practicality of web-based apps.)   This has to be a big issue for Microsoft &#8212; the rise of web-based apps reduce its Windows monopoly power &#8212; so if anything Microsoft has a stronger incentive to fight hard in the new browser war.</p>
<p>The final difference is that the Second Browser War will be fought in the shadow of the antitrust case.  Microsoft will not use all the tactics it used last time but will probably focus more on technical innovation to produce a browser that is at least good enough that customers won&#8217;t switch to Firefox.   If Firefox responds by innovating more itself, the result will be an innovation race that will benefit consumers.  </p>
<p>The First Browser War brought a flood of innovation, along with some unsavory tactics.  If the Second Browser War brings us the same kind of innovation, in a fair fight, we&#8217;ll all be better off, and the browsers of 2018 will be better than we expected.</p>
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		<title>The Microsoft Case:  The Government&#8217;s Theory, in Hindsight</title>
		<link>http://www.freedom-to-tinker.com/?p=1294</link>
		<comments>http://www.freedom-to-tinker.com/?p=1294#comments</comments>
		<pubDate>Tue, 27 May 2008 13:44:10 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Competition]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1294</guid>
		<description><![CDATA[Continuing my series of posts on the tenth anniversary of the Microsoft antitrust case, I want to look today at the government&#8217;s theory of the case, and how it looks with ten years of hindsight.
The source of Microsoft&#8217;s power in Windows was what the government dubbed the &#8220;applications barrier to entry&#8221;.  Users chose their [...]]]></description>
			<content:encoded><![CDATA[<p>Continuing my series of posts on the tenth anniversary of the Microsoft antitrust case, I want to look today at the government&#8217;s theory of the case, and how it looks with ten years of hindsight.</p>
<p>The source of Microsoft&#8217;s power in Windows was what the government dubbed the &#8220;applications barrier to entry&#8221;.  Users chose their operating system in order to get the application software they wanted.   Windows had by far the biggest and best selection of applications, due to its high market share (over 95% on the PC platform).   To enter the PC OS market, a company would not only have to develop a competitive operating system but would also have to entice application developers to port their applications to the new system, which would be very slow and expensive if not impossible.   This barrier to entry, coupled with its high market share, gave Microsoft monopoly power.   </p>
<p>The rise of the browser, specifically Netscape Navigator and its built-in Java engine, threatened to reduce the applications barrier to entry, the government claimed.  Software would be written to run in the browser rather than using the operating system&#8217;s services directly, and such software would run immediately on any new operating system as soon as the browser was ported to the new system.  Cross-platform browsers would reduce the applications barrier to entry and thereby weaken Microsoft&#8217;s Windows monopoly.  The government accused Microsoft of acting anticompetitively to sabotage the development of cross-platform browser technology.</p>
<p>The imminent flowering of browser-based applications was widely predicted at the time, and the evidence showed that top executives at Netscape, Microsoft, and Sun seemed to believe it.  Yet we know in hindsight that things didn&#8217;t unfold that way: browser-based applications were not a big trend in 1998-2003.    Why not?  There are two possible explanations.  Either the government was right and Microsoft did succeed in squashing the trend toward browser-based applications, or the government and the conventional wisdom were both wrong and there was really no trend to squash.   </p>
<p>This highlights one of the main difficulties in antitrust analysis: hypothetical worlds.  To evaluate the key issue of whether consumers and competition were harmed, one always needs to compare the actual world against a hypothetical world in which the defendant did not commit the accused acts.   What would have happened if Microsoft had simply competed to produce the best Internet Explorer browser?   It&#8217;s a fascinating question which we can never answer with certainty.</p>
<p>What actually happened, after Microsoft&#8217;s accused acts, the lawsuit, and the settlement, in the years since the case was filed?   Netscape crumbled.  The browser market became quiet; Microsoft tweaked Internet Explorer here and there but the pace of innovation was much slower than it had been during the browser war.   Then the open source browser Mozilla Firefox arose from the ashes of Netscape.   Firefox was slow to start but gained momentum as its developer community grew.    When Firefox passed 10% market share and (arguably) exceeded IE technically, Microsoft stepped up the pace of its browser work, leading to what might be another browser war.</p>
<p>We also saw, finally, the rise of browser-based applications that had been predicted a decade ago.   Today browser-based applications are all the rage.  The applications barrier to entry is starting to shrink, though the barrier will still be significant until browser-based office suites reach parity with Microsoft Office.    In short, the scenario the government predicted (absent Microsoft&#8217;s accused acts) is developing now, ten years later.</p>
<p>Why now?   One reason is the state of technology.  Today&#8217;s browser-based applications simply couldn&#8217;t have run on the computers of 1998, but today&#8217;s computers have the horsepower to handle browser-based apps and more is known about how to make them work.   Another reason, perhaps, is that Microsoft is not acting against Firefox in the way it acted against Netscape a decade ago.   A new browser war &#8212; in which Microsoft and Firefox compete to make the most attractive product &#8212; is the best outcome for consumers.   </p>
<p>Life doesn&#8217;t always offer do-overs, but we may get a do-over on the browser war, and this time it looks like Microsoft will take the high road.</p>
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		<title>The Microsoft Case: A Window Into the Software Industry</title>
		<link>http://www.freedom-to-tinker.com/?p=1293</link>
		<comments>http://www.freedom-to-tinker.com/?p=1293#comments</comments>
		<pubDate>Wed, 21 May 2008 18:00:52 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Competition]]></category>

		<guid isPermaLink="false">http://209.20.72.72/?p=1293</guid>
		<description><![CDATA[This week I&#8217;m publishing reflections on the Microsoft antitrust case, which was filed ten years ago.  Today I want to consider how the case change the public view of the software industry.
Microsoft&#8217;s internal emails were a key part of the government&#8217;s evidence.  The emails painted a vivid picture of how the company made [...]]]></description>
			<content:encoded><![CDATA[<p>This week I&#8217;m publishing reflections on the Microsoft antitrust case, which was filed ten years ago.  Today I want to consider how the case change the public view of the software industry.</p>
<p>Microsoft&#8217;s internal emails were a key part of the government&#8217;s evidence.  The emails painted a vivid picture of how the company made its strategy decisions.   Executives discussed frankly how &#8220;it will be very hard to increase browser market share on the merits of [Internet Explorer] alone.  It will be very important to leverage the OS asset to make people use IE&#8221;.   Often the tone was one of controlling customers and sabotaging competitors, rather than technical innovation.</p>
<p>Probably the most cringe-inducing metaphor in the whole case was &#8220;knifing the baby&#8221;.  Here&#8217;s a trial <a href="http://www.businessweek.com/microsoft/updates/up81105b.htm">dispatch</a> from Business Week:</p>
<blockquote>
<p>In particularly colorful testimony on Nov. 5 [1998], [Apple VP Avie] Tevanian described an April, 1997, meeting between two Apple and two Microsoft officials. Tevanian, who was not at the meeting, said Microsoft officials suggested that Apple abandon its business of providing &#8220;playback&#8221; software that enables users to view multimedia content on the computers. Instead, they offered Apple the much smaller portion of the market for the tools that developers use to create the content. In Apple&#8217;s mind, though, the playback software was its baby.</p>
<p>According to Tevanian, Apple executive Peter Hoddie asked Microsoft officials, &#8220;&#8216;Are you asking us to kill playback? Are you asking us to knife the baby?&#8217;&#8221; He said Microsoft official Christopher Phillips responded, &#8220;&#8216;Yes, we want you to knife the baby.&#8217; It was very clear.&#8221;</p>
</blockquote>
<p>Stories like this shredded the public perception of software companies as idealistic lab-coated technical innovators.  It wasn&#8217;t just Microsoft whose reputation took a beating &#8212; it was Apple who gave us the baby-knifing metaphor.   One shrewd observer told me at the time that the difference between Microsoft and its competitors was not motive but opportunity &#8212; the other companies would have done what Microsoft did, if they had the chance.</p>
<p>None of these companies were as crude and brutal as they looked in court &#8212; litigation has a way of highlighting the extremes &#8212; but there was more than a grain of truth to the idea that software markets are driven by power and dealmaking, along with engineering.   Another classic moment in the trial came when a Microsoft lawyer was cross-examining Netscape CEO Jim Barksdale about emails written by Netscape founder and Silicon Valley superhero Jim Clark.   The lawyer asked Barksdale whether he regarded Clark as &#8220;a truthful man&#8221;.  Barksdale paused before answering, &#8220;I regard him as a salesman.&#8221;</p>
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		<title>The Microsoft Case, Ten Years Later</title>
		<link>http://www.freedom-to-tinker.com/?p=1292</link>
		<comments>http://www.freedom-to-tinker.com/?p=1292#comments</comments>
		<pubDate>Tue, 20 May 2008 12:37:16 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Competition]]></category>

		<category><![CDATA[Innovation Policy]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1292</guid>
		<description><![CDATA[Sunday was the tenth anniversary of the government filing its antitrust case against Microsoft.  The date passed almost unnoticed, though echoes of the case continue to reverberate.  This week I want to reflect on the case, with the benefit of ten years&#8217; hindsight.  I&#8217;ll write at least three posts: today, on the [...]]]></description>
			<content:encoded><![CDATA[<p>Sunday was the tenth anniversary of the government filing its antitrust case against Microsoft.  The date passed almost unnoticed, though echoes of the case continue to reverberate.  This week I want to reflect on the case, with the benefit of ten years&#8217; hindsight.  I&#8217;ll write at least three posts: today, on the overall legacy of the case; Wednesday, on how the case affected the public view of Microsoft and software companies generally; and Friday, on how the government&#8217;s theory of the software market (which the courts accepted) looks in hindsight.</p>
<p>(Before starting, I should clarify that although I worked with the DoJ trial team through virtually the entire case &#8212; from before the case was filed, through the negotiation of the final settlement &#8212; I can&#8217;t say anything about what happened behind closed doors.  My opinion is informed by everything I saw and heard, but unfortunately some of the most interesting details have to stay secret.)</p>
<p>Today I want to consider the overall legacy of the case.  The purpose of antitrust law is to protect market competition, for the good of consumers.  Thus Microsoft&#8217;s ultimate success in crushing Netscape and blunting the effect of Java only matters to the extent that it might have harmed consumers.  The relevant questions are these: (1) Are the markets for operating systems and browsers healthier and more competitive than they would have been had the case not been brought?  (2) Are consumers better off than they would have been had the case not been brought?</p>
<p>I see the case as a success by these standards, not so much because of the settlement, which most people saw as weak, but because the case taught Microsoft that ignoring antitrust concerns can be dangerous.   Microsoft was routed in court and faced the possibility (though never the likelihood) of a court-ordered break-up; but the company managed to negotiate a favorable settlement when the government was distracted after the 9/11 attacks.   Apparently worried that it might not be so lucky the next time, the company has  moderated its behavior.  It still dominates the operating system and browser markets &#8212; and it is still a fierce <i>technical</i> competitor, but its business and legal behavior is more moderate.</p>
<p>This kinder, gentler Microsoft is one of the two main legacies of the case.  The other is the consensus that antitrust laws do in fact apply to high-tech companies.  Though the law moves slowly &#8212; and sometimes can only deter via the possibility of after-the-fact sanctions &#8212; companies are not immune to its discipline just because they are in high-tech markets.  Other powerful companies, such as Intel and Google, have learned this lesson too.</p>
<p>Tomorrow: how the case affected the public view of Microsoft and the software industry.</p>
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		<title>Live Webcast: Future of News, May 14-15</title>
		<link>http://www.freedom-to-tinker.com/?p=1291</link>
		<comments>http://www.freedom-to-tinker.com/?p=1291#comments</comments>
		<pubDate>Tue, 13 May 2008 12:12:46 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Education]]></category>

		<category><![CDATA[Events]]></category>

		<category><![CDATA[Media]]></category>

		<category><![CDATA[Princeton]]></category>

		<category><![CDATA[Publishing]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1291</guid>
		<description><![CDATA[We&#8217;re going to do a live webcast of our workshop on &#8220;The Future of News&#8220;, which will be held tomorrow and Thursday (May 14-15) in Princeton.    Attending the workshop (free registration) gives you access to the speakers and other attendees over lunch and between sessions, but if that isn&#8217;t practical, the webcast [...]]]></description>
			<content:encoded><![CDATA[<p>We&#8217;re going to do a live webcast of our workshop on &#8220;<a href="http://citp.princeton.edu/future-of-news/">The Future of News</a>&#8220;, which will be held tomorrow and Thursday (May 14-15) in Princeton.    Attending the workshop (<a href="http://citp.princeton.edu/future-of-news/#registration">free registration</a>) gives you access to the speakers and other attendees over lunch and between sessions, but if that isn&#8217;t practical, the webcast is available.</p>
<p>Here are the links you need:</p>
<ul>
<li><a href="http://www.princeton.edu/webmedia">Live video streaming</a>
</li>
<li><a href="http://citp.princeton.edu/future-of-news/live-chat">Live chat facility for remote participants</a>
</li>
<li>To ask the speaker a question, email <a href="mailto:citp.questions@gmail.com">citp.questions@gmail.com</a>
</li>
</ul>
<p>Sessions are <a href="http://citp.princeton.edu/future-of-news/">scheduled</a> for 10:45-noon and 1:30-5:00 on Wed., May 14; and 9:30-12:30 and 1:30-3:15 on Thur., May 15.</p>
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		<title>Counterfeits, Trojan Horses, and shady distributors</title>
		<link>http://www.freedom-to-tinker.com/?p=1289</link>
		<comments>http://www.freedom-to-tinker.com/?p=1289#comments</comments>
		<pubDate>Mon, 12 May 2008 17:45:42 +0000</pubDate>
		<dc:creator>Dan Wallach</dc:creator>
		
		<category><![CDATA[Cross-Border Issues]]></category>

		<category><![CDATA[Security]]></category>

		<category><![CDATA[Wiretapping]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1289</guid>
		<description><![CDATA[Last Friday, the New York Times published an article about counterfeit Cisco products that have been sold as if they were genuine and are widely used throughout the U.S. government.  The article also raised the concern that these counterfeits could well be engineered with malicious intent, but that this appears not to have been the [...]]]></description>
			<content:encoded><![CDATA[<p>Last Friday, the New York Times published <a href="http://www.nytimes.com/2008/05/09/technology/09cisco.html">an article about counterfeit Cisco products</a> that have been sold as if they were genuine and are widely used throughout the U.S. government.  The article also raised the concern that these counterfeits could well be engineered with malicious intent, but that this appears not to have been the case. There was an immediate <a href="http://it.slashdot.org/article.pl?sid=08/05/09/164201">Slashdot thread</a> as well, but a number of issues are still worth commenting on.</p>
<p>First things first: the facts, as best we understand them.  The New York Times reports that approximately 3500 counterfeit Cisco components (worth $3.5M) have been discovered as a result of a two-year FBI investigation.  A Cisco spokesman is quoted saying that they found &#8220;no evidence of re-engineering.&#8221;  In other words, we&#8217;re talking about faithful knock-offs of legitimate products.</p>
<p>If you go to the <a href="http://www.abovetopsecret.com/forum/thread350381/pg1">FBI&#8217;s unclassified PowerPoint presentation</a> (dated January 11, 2008), you&#8217;ll see all the actual information.  This is a fascinating read.  For starters, let&#8217;s talk about the cost.  The slides claim you can get a counterfeit router for approximately 1/6 the cost of a genuine router.  (You can do similarly well buying used gear on eBay.)  The counterfeit gear looks an awful lot like the genuine article.  Detecting differences here is as difficult as detecting counterfeit money, counterfeit Rolex watches, or counterfeit signatures from sports stars.  Given the apparent discrepancy between component cost and street value, we should be no more surprised to find knock-off Cisco gear than we are to find knock-off everything else.</p>
<p><a href="http://www.freedom-to-tinker.com/wp-content/uploads/2008/05/ats53561_ombbriefing007.jpg"><img class="aligncenter size-medium wp-image-1290" src="http://www.freedom-to-tinker.com/wp-content/uploads/2008/05/ats53561_ombbriefing007-300x225.jpg" alt="Counterfeit vs. Original Cisco line card" width="300" height="225" /></a></p>
<p>It&#8217;s claimed that these counterfeits are built to lower manufacturing standards than the original equipment, causing higher failure rates. One even caught fire due to a faulty power supply.  Likewise, the fakers are making stupid errors, like building multiple components with the same MAC address.  (MAC addresses, by design, are meant to be unique &#8212; no two ever the same.)</p>
<p>The really interesting story is all about the supply chain. Consider how you might buy yourself a new Mac.  You could go to your local Apple store.  Or you could get it from any of a variety of other stores, who in turn may have gotten it from Apple directly or may have gone through a distributor.  Apparently, for Cisco gear, it&#8217;s much more complicated than that.  The U.S. government buys from &#8220;approved&#8221; vendors, who might then buy from multiple tiers of sub-contractors.  In one case, one person bought shady gear from eBay and resold it to the government, moving a total of $1M in gear before he was caught.  In a more complicated case, Lockheed Martin won a bid for a U.S. Navy project.  They contracted with an unauthorized Cisco reseller who in turn contracted with somebody else, who used a sub-contractor, who then directly shipped the counterfeit gear to the Navy. (The slides say that $250K worth of counterfeit gear was sold; duplicate serial numbers were discovered.)</p>
<p>Why is this happening?  The Government wants to save money, so they look for contractors who can give them the best price, and their contracts allow for subcontracts, direct third-party shipping, and so forth.  There is no serious vetting of this supply chain by either Cisco or the government. Apparently, Cisco doesn&#8217;t do direct sales except for high-end, specialized gear.  You&#8217;d think Cisco would follow the lead of the airline industry, among others, and cut out the distributors to keep the profit for themselves.</p>
<p>Okay, on to the speculation.  Both the New York Times and the FBI presentation concern themselves with Trojan Horses.  Even though there&#8217;s no evidence that any of this counterfeit gear was actually malicious, the weak controls in the supply chain make it awfully easy for such compromised gear to be sold into sensitive parts of the government, raising all the obvious concerns.</p>
<p>Consider <a href="http://www.cs.uiuc.edu/homes/kingst/Research_files/king08.pdf">a recent paper by U. Illinois&#8217;s Sam King et al.</a> where they built a &#8220;malicious processor&#8221;.  The idea is pretty clever.  You send along a &#8220;secret knock&#8221; (e.g., a network packet with a particular header) which triggers a sensor that enables &#8220;shadow code&#8221; to start running alongside the real operating system.  The Illinois team built shadow code that compromised the Linux login program, adding a backdoor password.  After the backdoor was tripped, it would disable the shadow code, thus going back to &#8220;normal&#8221; operation.</p>
<p>The military is awfully worried about this sort of threat, as well they should be.  For that matter, so are voting machine critics. It&#8217;s awfully easy for &#8220;stealth&#8221; malicious behavior to exist in legitimate systems, regardless of how carefully you might analyze or test it. Ken Thompson&#8217;s classic paper, <a href="http://cm.bell-labs.com/who/ken/trust.html">Reflections on Trusting Trust</a>, shows how he designed a clever Trojan Horse for Unix.  [Edit: it's unclear that it ever got released into the wild.]</p>
<p>Okay everybody, let&#8217;s put on our evil hats.  If your goal was to get a Trojan Horse router into a sensitive military environment, how would you do it and how would it behave?  Clearly, the weak supply chain is an excellent vector for getting the gear into place.  Given the resources of a nation-state intelligence agency, you could afford to buy genuine Cisco parts and modify them, rather than using low-cost, counterfeit gear.  Nobody would detect you; you wouldn&#8217;t screw up and ship multiple boxes with the same serial number.</p>
<p>How will you implement your Trojan Horse logic?  Pretty much any gear you&#8217;ll ever find of any modest complexity will have software running inside it.  Even line cards have embedded processors of some sort.  For all that hardware, there&#8217;s software, and that&#8217;s what you&#8217;d go to install your logic bomb.  The increasing use of FPGAs in industrial designs means you could also &#8220;rewire&#8221; those parts to behave arbitrarily, much like the Illinois hack; you&#8217;d really want to get a hold of the original VHDL &#8220;source code&#8221;, leveraging your aforementioned spying prowess, to simplify the design and implementation of your malicious behavior.  Hacking the raw netlists (the FPGA-equivalent of machine code) would be possible, but would be far more painful. [See Sidebar.]</p>
<p>What sort of behavior would you build in?  The New York Times raises the idea of a kill switch.  I send your router a magic packet and it dies.  That&#8217;s too easy.  How about I send your router a magic packet, it then forwards it on to all of its peers, repeatedly, and then they all die a few seconds later?  That&#8217;s a pretty good denial of service attack (nevermind a plot device that was the basis of a <a href="http://www.scifi.com/battlestar/">popular science fiction television series</a>). Alternatively, following the Illinois idea, we could imagine that the magic packet turns on a monitoring feature, allowing our intelligence agency to gather all kinds of information, reconfigure the router, and so forth.  If they don&#8217;t want to generate extra traffic, which might be detected, they could instead weaken the encryption of a VPN tunnel, perhaps publishing the session key through a subliminal channel of some sort, acquiring the ciphertext through &#8220;other&#8221; means.</p>
<p>In summary, it&#8217;s probably a good thing, from the perspective of the U.S. military, to discover that their supply chain is allowing counterfeit gear into production.  This will help them clean up the supply chain, and will also provide an extra push to consider just how much they trust the sources of their equipment to ship clean software and hardware.</p>
<p><em>[Sidebar: Xilinx supports a notion of <a href="http://www.us.design-reuse.com/articles/18205/encrypted-netlist.html">"encrypting" a netlist</a>.  Broadly speaking, the idea behind the technology is to encrypt the description of your FPGA configuration with a crypto key, such that anybody who reads the file out of your board gets encrypted garbage.  However, the FPGA has the key material to decrypt the configuration and then initialize itself normally.  This sort of technology is meant to serve an anti-piracy / anti-reverse-engineering purpose.  It could ostensibly also serve an anti-Trojan Horse purpose, although at that point it's really no more or less secure, semantically, than Microsoft's Authenticode.  This technology, more broadly, is also an active research area (see, for example, Roy et al.'s <a href="http://www.eecs.umich.edu/~imarkov/pubs/conf/date08-epic.pdf">EPIC: Ending Piracy of Integrated Circuits</a>).  Again, if we've got a nation-state intelligence service tampering with the system, none of this is going to provide meaningful protection for the end-user against Trojan Horses.]</em></p>
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		<title>DRM Not Dead, Just Temporarily Indisposed, Says RIAA Tech Head</title>
		<link>http://www.freedom-to-tinker.com/?p=1288</link>
		<comments>http://www.freedom-to-tinker.com/?p=1288#comments</comments>
		<pubDate>Fri, 09 May 2008 13:34:32 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Copyright]]></category>

		<category><![CDATA[DRM]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1288</guid>
		<description><![CDATA[The RIAA&#8217;s head technology guy says that the move away from DRM (anti-copying) technology by record labels is just a phase, according to a Greg Sandoval story at News.com:

&#8220;(Recently) I made a list of the 22 ways to sell music, and 20 of them still require DRM,&#8221; said David Hughes, who heads up the RIAA&#8217;s [...]]]></description>
			<content:encoded><![CDATA[<p>The RIAA&#8217;s head technology guy says that the move away from DRM (anti-copying) technology by record labels is just a phase, according to a Greg Sandoval <a href="http://www.news.com/8301-10784_3-9939189-7.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20">story</a> at News.com:</p>
<blockquote>
<p>&#8220;(Recently) I made a list of the 22 ways to sell music, and 20 of them still require DRM,&#8221; said David Hughes, who heads up the RIAA&#8217;s technology unit, during a panel discussion at the Digital Hollywood conference. &#8220;Any form of subscription service or limited play-per-view or advertising offer still requires DRM. So DRM is not dead.&#8221; </p>
<p>&#8230;</p>
<p>Last January, when Sony BMG became the last major recording company to sell DRM-free tracks at Amazon, plenty of observers considered the technology buried. Since then, a growing number of online stores have begun offering at least some open MP3s, including Walmart.com, Zune&#8217;s Marketplace, Amazon, as well as iTunes.</p>
<p>Not so fast, said Hughes, who predicted that DRM would reemerge in a big way. &#8220;I think there is going to be a shift,&#8221; he told the audience. &#8220;I think there will be a movement towards subscription services, and (that) will eventually mean the return of DRM.&#8221; </p>
</blockquote>
<p>The imminent success of subscription services with DRM is more or less what the record industry was predicting several years ago.  It didn&#8217;t happen, mostly because customers found the services clunky and inflexible &#8212; DRM at its worst.   Nothing has changed to make DRMed subscription services more attractive.  If anything, these services look even worse in light of the trend toward selling DRM-free tracks.</p>
<p>I can see the argument for selling large bundles of music rather than selling one track at a time.   Bundling makes economic sense, given the huge storage capacity of today&#8217;s devices.   The iPod of the future won&#8217;t be filled one track at a time.</p>
<p>But clunky DRM-based subscription services aren&#8217;t the only way to sell bundles of songs, and there are probably good ways to sell subscriptions without DRM.  If you&#8217;re worried that a customer will subscribe for one month, download a zillion songs, cancel the subscription and keep the songs,then you can limit the number of downloads per month, or require a longer subscription period.  If you can sell songs without DRM &#8212; and we know now that you can &#8212; there ought to be a way to sell a friendly subscription service too.</p>
<p>On this issue, the RIAA&#8217;s members may be ahead of the RIAA itself.  There are encouraging signs that some of the major record companies are recognizing the need to rebuild their business strategy for the Internet era.</p>
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		<title>Stupidest Infotech Policy Contest</title>
		<link>http://www.freedom-to-tinker.com/?p=1287</link>
		<comments>http://www.freedom-to-tinker.com/?p=1287#comments</comments>
		<pubDate>Tue, 06 May 2008 12:07:23 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Innovation Policy]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1287</guid>
		<description><![CDATA[James Fallows at the Atlantic recently ran a reader contest to nominate the worst public policy decision of the past fifty years.  (]]></description>
			<content:encoded><![CDATA[<p>James Fallows at the Atlantic recently ran a <a href="http://jamesfallows.theatlantic.com/archives/2008/04/for_the_record_stupidest_momen.php">reader contest to nominate the worst public policy decision of the past fifty years.  (</a><a href="http://jamesfallows.theatlantic.com/archives/2008/05/stupidest_policy_ever_contest_1.php"The winner?  Ethanol subsidies.</a>)  I&#8217;d like to do the same for technology policy.</p>
<p>Readers, please submit your suggestions for the stupidest infotech policy ever.  An ideal submission is an infotech policy that (1) was established by a government, (2) did serious damage, (3) had wide support across the political spectrum, (4) failed for reasons that should have been obvious at the time, (5) failed even by the standards of its own supporters.  It&#8217;s not enough that you would have chosen differently, or that you would have weighed competing public goods differently &#8212; we&#8217;re looking for a policy that no reasonable person, with the benefit of hindsight, would support.</p>
<p>Submit your suggestions in the comments.  Once the discussion has died down, I&#8217;ll choose a winner.  If this contest is successful, we&#8217;ll follow it up with a best policy contest.<br />
</a></p>
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		<title>30th Anniversary of First Spam Email; No End in Sight</title>
		<link>http://www.freedom-to-tinker.com/?p=1286</link>
		<comments>http://www.freedom-to-tinker.com/?p=1286#comments</comments>
		<pubDate>Thu, 01 May 2008 15:03:21 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Spam]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1286</guid>
		<description><![CDATA[Today marks the 30th anniversary of (what is reputed to be) the first spam email.  Here&#8217;s the body of the email:

DIGITAL WILL BE GIVING A PRODUCT PRESENTATION OF THE NEWEST MEMBERS OF THE DECSYSTEM-20 FAMILY; THE DECSYSTEM-2020, 2020T, 2060, AND 2060T.  THE DECSYSTEM-20 FAMILY OF COMPUTERS HAS EVOLVED FROM THE TENEX OPERATING SYSTEM [...]]]></description>
			<content:encoded><![CDATA[<p>Today marks the 30th anniversary of (what is reputed to be) the <a href="http://www.templetons.com/brad/spamreact.html#msg">first spam email</a>.  Here&#8217;s the body of the email:</p>
<blockquote>
<p>DIGITAL WILL BE GIVING A PRODUCT PRESENTATION OF THE NEWEST MEMBERS OF THE DECSYSTEM-20 FAMILY; THE DECSYSTEM-2020, 2020T, 2060, AND 2060T.  THE DECSYSTEM-20 FAMILY OF COMPUTERS HAS EVOLVED FROM THE TENEX OPERATING SYSTEM AND THE DECSYSTEM-10 (PDP-10) COMPUTER ARCHITECTURE.  BOTH THE DECSYSTEM-2060T AND 2020T OFFER FULL ARPANET SUPPORT UNDER THE TOPS-20 OPERATING SYSTEM. THE DECSYSTEM-2060 IS AN UPWARD EXTENSION OF THE CURRENT DECSYSTEM 2040 AND 2050 FAMILY. THE DECSYSTEM-2020 IS A NEW LOW END MEMBER OF THE DECSYSTEM-20 FAMILY AND FULLY SOFTWARE COMPATIBLE WITH ALL OF THE OTHER DECSYSTEM-20 MODELS.</p>
<p>WE INVITE YOU TO COME SEE THE 2020 AND HEAR ABOUT THE DECSYSTEM-20 FAMILY AT THE TWO PRODUCT PRESENTATIONS WE WILL BE GIVING IN CALIFORNIA THIS MONTH.  THE LOCATIONS WILL BE:</p>
<p>               TUESDAY, MAY 9, 1978 - 2 PM<br />
                   HYATT HOUSE (NEAR THE L.A. AIRPORT)<br />
                   LOS ANGELES, CA</p>
<p>               THURSDAY, MAY 11, 1978 - 2 PM<br />
                   DUNFEY&#8217;S ROYAL COACH<br />
                   SAN MATEO, CA<br />
                   (4 MILES SOUTH OF S.F. AIRPORT AT BAYSHORE, RT 101 AND RT 92)</p>
<p>A 2020 WILL BE THERE FOR YOU TO VIEW. ALSO TERMINALS ON-LINE TO OTHER DECSYSTEM-20 SYSTEMS THROUGH THE ARPANET. IF YOU ARE UNABLE TO ATTEND, PLEASE FEEL FREE TO CONTACT THE NEAREST DEC OFFICE FOR MORE INFORMATION ABOUT THE EXCITING DECSYSTEM-20 FAMILY.</p>
</blockquote>
<p>This is relatively mild by the standards of today&#8217;s spam.  The message announced legitimate events relating to legitimate products in which the recipients might plausibly be interested.  The sender was apparently unaware that this kind of message was against the rules.</p>
<p>Yet this message has much in common with today&#8217;s spam.  The message used ALL CAPS, which was more common in those days but not the universal practice for email.  The list of recipients was long.  The message was incorrectly formatted &#8212; the original had more recipients than the email software of the day could handle, so what was supposed to be the recipient list actually spilled over into the body of the email, apparently unnoticed by the sender.</p>
<p>At the time, the Net&#8217;s rules forbade commercial activity, so the message was against the rules.  Beyond the rule violation,the message&#8217;s propriety was widely questioned, and people debated what to do about it.  (Brad Templeton has posted <a href="http://www.templetons.com/brad/spamreact.html#reaction">parts of the debate</a>.)</p>
<p>Thirty years later, there is more spam than ever and no end is in sight.   This shouldn&#8217;t be surprising, because the spam problem is fundamentally driven by economics.  If anyone can send to anyone, and the cost of sending is nearly zero, many messages will be sent.  Distinguishing unwanted email from wanted email is notoriously difficult &#8212; often you have to read a message to decide whether reading it was a waste of time.  In this environment, spam will be a fact of life.   The surprise, if anything, is that we have done as well as we have in coping with it.</p>
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		<title>spammers gone wild</title>
		<link>http://www.freedom-to-tinker.com/?p=1285</link>
		<comments>http://www.freedom-to-tinker.com/?p=1285#comments</comments>
		<pubDate>Wed, 30 Apr 2008 17:03:54 +0000</pubDate>
		<dc:creator>Dan Wallach</dc:creator>
		
		<category><![CDATA[Spam]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1285</guid>
		<description><![CDATA[I&#8217;m sure this sort of behavior is old news, but it&#8217;s still really annoying.  Starting last night and continuing as I&#8217;m writing this, some annoying spammer has been forging my email address as the &#8220;From&#8221; line of a variety of spams.  This is causing a staggering volume of backscatter, mostly of the &#8220;Delivery Status Notification [...]]]></description>
			<content:encoded><![CDATA[<p>I&#8217;m sure this sort of behavior is old news, but it&#8217;s still really annoying.  Starting last night and continuing as I&#8217;m writing this, some annoying spammer has been forging my email address as the &#8220;From&#8221; line of a variety of spams.  This is causing a staggering volume of <a href="http://en.wikipedia.org/wiki/Outscatter">backscatter</a>, mostly of the &#8220;Delivery Status Notification (failure)&#8221; variety.  Sampling these messages, I&#8217;m seeing several interesting things.</p>
<ol>
<li>The spammer is using my proper email address (dwallach@&#8230;) on each message, but a different &#8220;real&#8221; name on each one.  The name &#8220;Dan Wallach&#8221; does not appear anywhere.</li>
<li>I forward everything to Gmail.  Gmail considers all of this backscatter to be spam.  That&#8217;s probably the correct answer, but I&#8217;m not sure I want to train my own DSPAM to do the same thing.  (DSPAM runs locally, and then I save a local copy and forward to Gmail.)  If I send a real message and it legitimately bounces, I want to know about it.  If I train DSPAM that all of these delivery status notifications are spam, it will inevitably throw away anything from &#8220;mailer-daemon&#8221;.  I&#8217;m unclear on whether that&#8217;s good or bad.</li>
<li>You could easily build a bounce-message validator.  Every backscatter seems to have the original message ID in it, somewhere.  If the backscatter mentions a message ID that my system actually generated, then the backscatter is allowed.  Otherwise it&#8217;s dropped.  (This idea appears to be a variation of <a href="http://en.wikipedia.org/wiki/Variable_envelope_return_path">VERP</a>; I&#8217;d make the message ID be a keyed MAC of a sequence number.)</li>
<li>A large number of these spams have a message body consisting entirely of &#8220;Take a look at yourself :)&#8221;  and linking to &#8220;video.exe&#8221; on a variety of different web sites.  Gmail helpfully rewrites those links such that they can track that I clicked on it.  This would also seem to give them an opportunity to give me an anti-virus warning, but they don&#8217;t do any such thing.  (&#8221;video.exe&#8221; is one of the common names used by the <a href="http://en.wikipedia.org/wiki/Storm_Worm">Storm worm</a>.)</li>
<li>Many spams include links that redirect through Google&#8217;s PageAd server to yet another server.  I clicked on one of them.  It appears that the PageAd redirector worked, but then Firefox&#8217;s &#8220;badware&#8221; detector caught the destination as being bad, ultimately taking me to <a href="http://www.stopbadware.org/reports/container?source=Firefox&amp;version=3.0b5&amp;reportname=http://stratos.bg/redir.html">stopbadware.org</a>.  Go Firefox!</li>
<li>Some legit antispam firewall products (including Barracuda) are helpfully telling me my message &#8220;was blocked by our Spam Firewall. The email you sent with the following subject has NOT BEEN DELIVERED&#8221;.  This is clearly broken behavior.  Just drop it and move on!</li>
<li>Several of the backscatter messages are actually validation messages (<a href="http://www.circleid.com/posts/sender_address_verification_solving_the_spam_crisis/">sender address verification</a>).  This has been largely <a href="http://www.circleid.com/posts/sender_address_verification/">discredited</a> due to a variety of practical problems, never mind common-case annoyance to normal users.</li>
<li>One of the spammers seems to be quite keen to sell replicas of expensive wristwatches, and those links take you to some kind of seemingly real online store, albeit with a funky DNS name.  Somehow, even if I did want a fake expensive watch, I&#8217;m not sure I&#8217;d be comfortable typing my credit card number into a web site whose name is a list of random characters and who (clearly) is closely related to the underworld of lecherous spammers.</li>
</ol>
<p>EDIT: fixed post that had gone out before it was done.</p>
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		<title>Bizarre Undervote on iVotronic in France</title>
		<link>http://www.freedom-to-tinker.com/?p=1284</link>
		<comments>http://www.freedom-to-tinker.com/?p=1284#comments</comments>
		<pubDate>Wed, 30 Apr 2008 13:44:01 +0000</pubDate>
		<dc:creator>Andrew Appel</dc:creator>
		
		<category><![CDATA[Voting]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1284</guid>
		<description><![CDATA[In France, most municipalities use paper ballots in elections, but a few places have begun using DRE (direct-recording electronic) machines.  Pierre Muller, a French computer scientist, has recently sent me a report of a malfunction by an ES&#038;S iVotronic machine in a recent municipal election.  
In this spring&#8217;s elections (and he believes this [...]]]></description>
			<content:encoded><![CDATA[<p>In France, most municipalities use paper ballots in elections, but a few places have begun using DRE (direct-recording electronic) machines.  Pierre Muller, a French computer scientist, has recently sent me a report of a malfunction by an ES&#038;S iVotronic machine in a recent municipal election.  </p>
<p>In this spring&#8217;s elections (and he believes this also happened last year), there have been some unexplained &#8220;undervotes&#8221; on iVotronic machines.  Below is a printout from an iVotronic machine.  There&#8217;s a line &#8220;UnderVotes For Above Contest: 1&#8243;.  <b>Since the voter is required by the user-interface to choose between a candidate and the choice &#8220;vote blanc&#8221; [none of the above], undervotes should not be possible. </b></p>
<p>This event is similar in some ways to the <a href="http://www.freedom-to-tinker.com/?p=1280">Sequoia AVC Advantage bug observed in New Jersey on February 5, 2008</a>.  In both cases it appears that the machine is producing results that should not be possible, and in both cases local election officials are unable to explain how these results could legitimately be obtained.</p>
<p>Here is the relevant portion of the printout:</p>
<p><img src="http://www.freedom-to-tinker.com/doc/2008/meylan-excerpt.png"/></p>
<p>I&#8217;ve also prepared a <a href="http://www.freedom-to-tinker.com/doc/2008/meylan.png">larger image of the full printout, annotated with my English translation</a>.</p>
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		<title>voting ID requirements and the Supreme Court</title>
		<link>http://www.freedom-to-tinker.com/?p=1283</link>
		<comments>http://www.freedom-to-tinker.com/?p=1283#comments</comments>
		<pubDate>Tue, 29 Apr 2008 15:38:22 +0000</pubDate>
		<dc:creator>Dan Wallach</dc:creator>
		
		<category><![CDATA[Voting]]></category>

		<guid isPermaLink="false">http://www.freedom-to-tinker.com/?p=1283</guid>
		<description><![CDATA[Last week, I posted here about voter ID requirements.  There was a case pending before the U.S. Supreme Court on the same topic.  It seems Indiana was trying to require voters to present ID in order to vote.  Lawsuit.  In the end, the court found that the requirement wasn&#8217;t particularly onerous (the New York Times&#8217;s [...]]]></description>
			<content:encoded><![CDATA[<p>Last week, <a href="http://www.freedom-to-tinker.com/?p=1278">I posted here about voter ID requirements</a>.  There was a case pending before the U.S. Supreme Court on the same topic.  It seems Indiana was trying to require voters to present ID in order to vote.  Lawsuit.  In the end, the court found that the requirement wasn&#8217;t particularly onerous (the <a href="http://www.nytimes.com/2008/04/29/washington/29scotus.html?hp">New York Times&#8217;s article</a> is as good as any for a basic summary, or go <a href="http://laws.findlaw.com/us/000/07-21.html">straight to the ruling</a>).</p>
<p>Unsurprisingly, there has been a lot of hang-wringing on this (see, for example, <a href="http://www.nytimes.com/2008/04/29/opinion/29tue1.html">this New York Times unsigned editorial</a>).  We can expect similar legislation elsewhere now that the Court has made it pretty difficult to challenge these sorts of laws (see, for example, the <a href="http://www.chron.com/disp/story.mpl/front/5737873.html">ongoing battle to pass this sort of legislation in Texas</a>).</p>
<p>As I wrote last time, I&#8217;m not particularly opposed to voters being required to present ID.  However, ID needs to be easy to get for <em>anybody</em> who is elgible to vote.  For <em>most</em> people, this is easy.  The big question we&#8217;d all like to know is the size of the population for which it&#8217;s not easy.  Consider, as a hypothetical example, an elderly Texas woman who never drove a car.  If she&#8217;s over 75 years old, the state&#8217;s centralized birth certificate registry won&#8217;t (officially) have her records.  It could well require detective work to produce sufficient documentation to get her a state ID card.  Who&#8217;s going to pay for that?</p>
<p>The big technical question, of course, is whether the root desires behind the voter ID requirement can be addressed in some more effective fashion than ID requirement.  What are those root desires?</p>
<ol>
<li>Prevent legitimate citizens from registering to vote and voting in more than one locale</li>
<li>Prevent registered voters from casting multiple votes in their own name</li>
<li>Prevent registered voters from impersonating other registered voters</li>
<li>Prevent anyone, including malicious poll workers, from casting votes on behalf of registered voters who have chosen not to vote</li>
<li>Prevent non-eligible people (non-citizens, felons, etc.) from registering to vote</li>
<li>Detect changes in registered voters&#8217; eligibility status, quickly and accurately</li>
</ol>
<p>Which problems can be solved by purple ink on a voter&#8217;s thumb?  #1 and #2 are readily solved, since a second attempt to vote will be forbidden.  #3 is disincentivized, because the impersonator will be unable to vote under his or her own name.  #4-6 will require other technologies.</p>
<p>Okay, which problems can be solved by having required voter ID?  Let&#8217;s assume, for the sake of discussion, we have a centralized state database keyed off the voter&#8217;s ID card number, but individual polling places do not have real-time access to this database.  Also, let&#8217;s assume that voter ID cards do not have any computational power: no smart cards, no crypto, etc.  #1 is ostensibly solved by the central database.  #2 cannot be prevented (at least, in a world with early voting or voting centers, where a voter has multiple places where he or she can legitimately vote), but it can be detected, and is thus disincentivized.  #3 is solved.  #4 is largely unsolved: if malicious poll workers want to forge signatures in the poll book, they may or may not be detected.  (In a recount situation, written signatures should be verified, but it&#8217;s unclear what the accuracy of that checking process might be.)</p>
<p>You could try to solve #4 with smartcards that issue digital signatures, but that&#8217;s a whole different can of worms.  Since the smartcard doesn&#8217;t really know what it&#8217;s being asked to sign, this could be exploited by an attacker.  (Example: you need to present your ID in a variety of different circumstances, such as proving your age to enter a bar.  The bouncer could &#8220;swipe&#8221; your card and use that as a way of getting a forged signature on an election record.)</p>
<p>What about #5 and #6?  These are really back-end database problems.  Requiring voters to present ID doesn&#8217;t have any impact.  However, having a database that is keyed off the voters&#8217; ID cards significantly improves #5 and #6 and could ostensibly help reduce a variety of errors in the process.</p>
<p>Curiously, it seems that most of the benefit of requiring ID occurs in the back-end database, rather than on the day of the election.  The only real benefit of presenting ID, on election day, occurs in vote centers, early voting locations, and so forth.  When there may be millions of eligible voters who could use a vote center, traditional paper poll books are unworkable.  With a database keyed from ID card numbers, a voter&#8217;s records can be efficiently looked up and verified.  While this isn&#8217;t a security problem, improving the efficiency of the voting process is still a worthwhile goal.</p>
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