Insanely Bad Ideas

Wired has put Lawrence Lessig’s April 2004 column up on their web site. Lessig’s column is roughly about the decreasing costs of terrorist acts and what free societies should do to minimize the possibility of such acts.

Before criticizing Lessig’s views, his column reminded me of one of my favorite episodes of The Outer Limits. Can’t remember the title, but the plot is that a physics student figures out a cheap, easy to reproduce way to unleash energy approximating a nuclear weapon. The student creates a bomb and plants it in a lecture hall with a blackmail proposal — bring three people the student hates outside the lecture hall and have them executed or else he’ll detonate the bomb. Of course the authorities don’t believe him initially, but he provides a demo that convinces them. At one point the young man, who repeatedly says that his discovery is both obvious and inevitable, speculates that this is why there is no evidence of sentient life — all advanced societies reach this level where anyone can easily manufacture mass destruction and decline and destruction then become just a matter of time.

Lessig posits a similar question to a class, asking them about how to deal with the possibility of easily created genetically modified small pox disease (what he calls Insanely Destructive Devices),

Like many professors, I think about hard questions by teaching a class. So I asked a local genius, Silicon Valley venture capitalist and polymath Steve Jurvetson, to help frame a course around the challenges raised by Joy. He opened the class with the smallpox example and asked how a society should protect itself from innovations that lead to pox viruses with 100-percent kill rates. What strategies does it adopt when everyone, even vaccinated health care workers, are vulnerable?

The first reaction of some in the class was positively Soviet. Science must be controlled. Publications must be reviewed before being printed. Communications generally may have to be surveilled – how else can we track down the enemy? And, of course, we must build a Star Wars-like shield to protect us, and issue to every American one of those space suits that CDC workers wear. (“Dear American: You may not have health insurance, but in case of a biological attack, please use the enclosed space suit.”)Like many professors, I think about hard questions by teaching a class. So I asked a local genius, Silicon Valley venture capitalist and polymath Steve Jurvetson, to help frame a course around the challenges raised by Joy. He opened the class with the smallpox example and asked how a society should protect itself from innovations that lead to pox viruses with 100-percent kill rates. What strategies does it adopt when everyone, even vaccinated health care workers, are vulnerable?

The first reaction of some in the class was positively Soviet. Science must be controlled. Publications must be reviewed before being printed. Communications generally may have to be surveilled – how else can we track down the enemy? And, of course, we must build a Star Wars-like shield to protect us, and issue to every American one of those space suits that CDC workers wear. (“Dear American: You may not have health insurance, but in case of a biological attack, please use the enclosed space suit.”)

But it didn’t take long to see the futility of these responses. GNR science doesn’t require huge labs. You might not be able to conceal the work in Manhattan, but you could easily hide it in the vast wilds of, say, Montana. Moreover, a great deal of important work would be lost if the government filtered everything – as would the essence of a free society. However comforting the Star Wars-like Virus Defense Initiative might be, engineered diseases would spread long before anyone could don a space suit.

But it didn’t take long to see the futility of these responses. GNR science doesn’t require huge labs. You might not be able to conceal the work in Manhattan, but you could easily hide it in the vast wilds of, say, Montana. Moreover, a great deal of important work would be lost if the government filtered everything – as would the essence of a free society. However comforting the Star Wars-like Virus Defense Initiative might be, engineered diseases would spread long before anyone could don a space suit.

First, my answer — if technology ever advances to the point where it is possible to genetically engineer diseases like this with minimal effort and there is no cocomittant increase in the ability to defend against such diseases, then humanity is doomed. These devices will be used and, if they are possible, their development is probably inevitable. Bill Joy’s “stop-the-research-I-want-to-get-off” approach won’t work.

Lessig and his students think there’s an out, however, but they make a crucial error in assuming that those who carry out terrorist acts or would engage in mass destruction are rational in the same way that Lessig and his students are rational,

Then one student suggested a very different approach. If we can’t defend against an attack, perhaps the rational response is to reduce the incentives to attack. Rather than designing space suits, maybe we should focus on ways to eliminate the reasons to annihilate us. Rather than stirring up a hornet’s nest and then hiding behind a bush, maybe the solution is to avoid the causes of rage. Crazies, of course, can’t be reasoned with. But we can reduce the incentives to become a crazy. We could reduce the reasonableness – from a certain perspective – for finding ways to destroy us.

The point produced a depressing recognition. There’s a logic to P2P threats that we as a society don’t yet get. Like the record companies against the Internet, our first response is war. But like the record companies, that response will be either futile or self-destructive. If you can’t control the supply of IDDs, then the right response is to reduce the demand for IDDs. Yet as everyone in the class understood, in the four years since Joy wrote his Wired piece, we’ve done precisely the opposite. Our present course of unilateral cowboyism will continue to produce generations of angry souls seeking revenge on us.

Unfortunately, Lessig doesn’t say how far he would go to reduce the risk from crazies and rational people. For example, how far should we go to reduce the resentment of people like Eric Rudolph, who appears to be an extremely rational terrorist? Is the key to preventing future Eric Rudolphs to “avoid the causes of rage” — namely, legal abortion — that motivate Rudolph and others like him?

Al Qaeda-connected terrorists have complained that the true enemy of Islam is secular democracy. How should we pursue lowering the resentment against secular democracy against fanatical Muslims? (Or even Christian Reconstructionists at home for that matter).

As Ronald Bailey puts it in an article on possible bioterrorist threats of the future,

Biodefense depends not on abandoning technology or appeasing our potential adversaries, but on nurturing a robust biotechnology. Remember, we are talking about “dual use” technologies—for both offense and defense.

Changing policies because the policies are bad or no longer effective is one thing, but changing them in some vain effort to minimize future terrorism is pointless.

Lawrence Lessig’s Free Culture

Last weekend I finished Lawrence Lessig’s new book Free Culture. Since he made it available free in PDF form, I just printed the whole thing off and read it while half-watching some old Universal monster films on DVD. Lessig’s book was excellent, but I do agree with Stephen Manes that Lessig glosses over a lot of important issues and spends too much of his time preaching to the choir (both in his book and in his presentations and blog entries on copyright).

The one point that made me really howl, however, was when Lessig repeats criticisms he made on his blog last year about the effects of media concentration, specifically the growing tendency for media companies to own both the content and the distribution mechanism — i.e. groups that own both cable channels and the production houses that create the content on those channels. Last April, Lessig wrote,

One important issue that the change in market structure affects is the independence of creativity. Because of the repeal of network ownership rules, there has been a dramatic change in the ownership of pilot shows on major networks. This graph shows the change. In 1990, the overall percentage was 11.3%. In 2002, that had increased seven-fold — to 70.2%.

How might this matter? Some of the most important television has been produced by independents. “All in the Family,” for example, created by Norman Lear, was created because Lear could say no to network executives who wanted to tame his creation to fit the network image.

On the one hand, Lessig doesn’t provide enough information to let the reader decide whether or not this is a real issue, and on the other, not much seems to have changed since “All in the Family.”

Is it troubling that in 12 years, the number of network-owned series has gone from 11.3% of new series to 70.2%. Maybe, but it’s hard to tell without two other sets of data: a) the absolute number of new series pilots over time during that period and b) the average cost of producing pilots over this time period. I have no idea what the answer to a is, but I suspect the reason for this trend has less to do with some general trend toward concentration and more to do with the increasingly expensive production costs for television shows. As the costs increase, of course the number of independent producers of content is going to decline (whereas on something like the web, the decreasing costs have lead to a proliferation of independent producers of content).

The other problem with Lessig’s claim is that he only tracks a handful of increasingly irrelevant broadcast networks (leaving out, apparently, the WB and UPN) and totally ignores the situation in cable. “All in the Family”, after all, was pretty tame compared to Matt Stone and Trey Parker’s brief run with “That’s My Bush.” And what led to cancellation of “That’s My Bush” after just 8 episodes despite good ratings? The $1 million/episode production costs!

Not being an expert on television production, the one thing that puzzles me is why production costs for television shows are increasing when the cost of producing pretty much any other media appears to be declining. What is going on that makes television episodes so expensive to produce?

It Is OK to Bend the Truth, But Only in One Way

Dave Winer and others are busy linking to this Lawrence Lessig blog post in which Lessig charges hypocrisy when it comes to protesting against made-for-TV docudramas,

Ok, so NBC produces a show about Private Lynch. She says the story is not true. But nonetheless, NBC runs the show. CBS produces a show about Ronald Reagan. The man who Would Save Reagan from TV and others say it is biased against Reagan. CBS cancels the show.

Apparently it is ok to bend the truth, but only in one way.

Except that Dr. Lessig himself is the one bending the truth here. In the article he links to, Jessica Lynch doesn’t say that the NBC movie is not true. What the story says is that,

Lynch told Sawyer she does not remember seeing the lawyer, Mohammed Odeh al-Rehaief, who is the focus of a TV movie that is being made without her participation. But if he did help her, she said, she is grateful.

Apparently it is ok to bend the truth, but only in one way.

Lessig on Steamboat Willie and Intellectual Property

Lawrence Lessig has an excellent observation about Disney’s role in both extremes of intellectual property protection.

Mickey Mouse, of course, first appeared in “Steamboat Willie” which was released in 1928. “Steamboat Willie” was in turn a takeoff of Buster Keaton’s “Steamboat Bill” which had been released earlier that year. Lessig notes that the script for “Steamboat Willie” begins with this instruction,

Orchestra starts playing opening verses of ‘Steamboat Bill.’

To which Lessig says, “Try doing a cartoon take-off of one of Disney, Inc.’s latest films with an opening that copies the music, and see how far your Walt Empire gets.”

Hmm…there goes my live action “Monsters Co.” musical.

Plugging the Analog Hole

No, this isn’t alt.sex.stereos, it’s even worse — it turns out the Motion Picture Association of America is intent on proving correct every paranoid Slashdotter and Lawrence Lessig devote with a proposal to regulate analog-to-digital converters. Cory Doctorow is all over this at the EFF’s Consensus at Lawyerpoint blog. According to Doctorow:

The Motion Picture Association of America (MPAA) filed the “Content Protection Status Report” with the Senate Judiciary Committee last month, laying out its plan to remake the technology world to suit its own ends. The report calls for regulation of analog-to-digital converters (ADCs), generic computing components found in scientific, medical and entertainment devices. Under its proposal, every ADC will be controlled by a “cop-chip” that will shut it down if it is asked to assist in converting copyrighted material — your cellphone would refuse to transmit your voice if you wandered too close to the copyrighted music coming from your stereo.

Don’t take his word for it though, read the MPAA’s report (PDF) right from the Judiciary Committee’s web site which reads, in part,

In order to help plug the hole, watermark detectors would be required in all devices that perform analog to digital conversions.

I don’t like to swear here, but this warrants it — Holy Shit, do these people realize what they are proposing? Do these morons even think through their idiotic proposals? Doctorow highlights some of the problems,

Virtually everything in our world is copyrighted or trademarked by someone, from the facades of famous sky-scrapers to the background music at your local mall. If ADCs are constrained from performing analog-to-digital conversion of all watermarked copyrighted works, you might end up with a cellphone that switches itself off when you get within range of the copyrighted music on your stereo; a camcorder that refuses to store your child’s first steps because he is taking them within eyeshot of a television playing a copyrighted cartoon; a camera that won’t snap your holiday moments if they take place against the copyrighted backdrop of a chain store such as Starbucks, which forbids on-premises photography because its fixtures are proprietary works.

And that’s for starts. This is the sort of proposal that I’d chalk down to paranoid Slashdotters if it weren’t there in black and white on the Senate’s site. This proposal is the consumer electronic version of Mutual Assured Destruction — if the MPAA succeeds in that dream it will mean a complete end to the sort of consumer electronics American consumers are so fond of.

This proposal is simple insanity. Better to just ditch copyrights outright if this is the alternative.

Creative Commons Web Site Goes Live

The Creative Commons web site went live earlier today. Creative Commons is the project started by Lawrence Lessig and others to make it easy for content creators to easily license their work on terms that are more flexible than existing copyright laws.

The obvious analogy to this is the GPL and similar open source licenses. The cool thing about Creative Commons is that content creators will be able to create a customized license based on just how much and under what circumstances the content creator wants to license his or her work.

There are currently going to be options to license only if the creator is given attribution, only for noncommercial purposes, only if no derivative works are produced, only for private duplication and a copyleft-style provision for redistribution. And content creators will get to pick and choose among those options, so if you want to license something only if you get credit and only for noncommercial uses, you can.

Creative Commons will handle creation of these customized licenses with an online application that will generate the license language as well as generate what Creative Commons calls a “Commons Deed” which is a short, easy to read summary of the licensing scheme (both the deed and the license will be stored at Creative Commons which has plans to create a searchable guide of material using the Creative Commons license).

In the future, Creative Commons hopes to have a machine readable standard for this, so a metadata tag in an online essay would indicate the licensing scheme that the essay is covered by.

This is everything I had hoped Creative Commons would be. When they go live with generating licenses in the Fall, this thing is going to rock.