Free Software, Free Society: selected essays of Richard M. Stallman. 2nd edition.

Since then, the US has imposed similar requirements on countries such as Australia and Mexico through bilateral “free trade” agreements, and on countries such as Costa Rica through another treaty, CAFTA. Ecuador’s President Correa refused to sign a “free trade” agreement with the US, but I’ve heard Ecuador had adopted something like the DMCA in 2003.

One of the ideas in the story was not proposed in reality until 2002. This is the idea that the FBI and Microsoft will keep the root passwords for your personal computers, and not let you have them.

The proponents of this scheme have given it names such as “trusted computing” and “Palladium.” We call it “treacherous computing” because the effect is to make your computer obey companies even to the extent of disobeying and defying you. This was implemented in 2007 as part of Windows Vista; we expect Apple to do something similar. In this scheme, it is the manufacturer that keeps the secret code, but the FBI would have little trouble getting it.

What Microsoft keeps is not exactly a password in the traditional sense; no person ever types it on a terminal. Rather, it is a signature and encryption key that corresponds to a second key stored in your computer. This enables Microsoft, and potentially any web sites that cooperate with Microsoft, the ultimate control over what the user can do on his own computer.

Vista also gives Microsoft additional powers; for instance, Microsoft can forcibly install upgrades, and it can order all machines running Vista to refuse to run a certain device driver. The main purpose of Vista’s many restrictions is to impose DRM (Digital Restrictions Management) that users can’t overcome. The threat of DRM is why we have established the Defective by Design campaign.

When this story was first written, the SPA was threatening small Internet service providers, demanding they permit the SPA to monitor all users. Most ISPs surrendered when threatened, because they cannot afford to fight back in court. One ISP, Community ConneXion in Oakland, California, refused the demand and was actually sued. The SPA later dropped the suit, but obtained the DMCA, which gave them the power they sought.

The SPA, which actually stands for Software Publishers Association, has been replaced in its police-like role by the Business Software Alliance. The BSA is not, today, an official police force; unofficially, it acts like one. Using methods reminiscent of the erstwhile Soviet Union, it invites people to inform on their coworkers and friends. A BSA terror campaign in Argentina in 2001 made slightly veiled threats that people sharing software would be raped.

The university security policies described above are not imaginary. For example, a computer at one Chicago-area university displayed this message upon login:

This system is for the use of authorized users only. Individuals using this computer system without authority or in the excess of their authority are subject to having all their activities on this system monitored and recorded by system personnel. In the course of monitoring individuals improperly using this system or in the course of system maintenance, the activities of authorized user may also be monitored. Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of illegal activity or violation of University regulations system personnel may provide the evidence of such monitoring to University authorities and/or law enforcement officials.

This is an interesting approach to the Fourth Amendment: pressure most everyone to agree, in advance, to waive their rights under it.

References

• United States Patent and Trademark Office, Intellectual Property [sic] and the National Information Infrastructure: The Report of the Working Group on Intellectual Property [sic] Rights, Washington, DC: GPO, 1995.

• Samuelson, Pamela, “The Copyright Grab,” Wired, January 1996, n. 4.01.

• Boyle, James, “Sold Out,” New York Times, 31 March 1996, sec. 4, p. 15.