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mostlysignssomeportents · 1 year

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Greenwashing set Canada on fire

On September 22, I'm (virtually) presenting at the DIG Festival in Modena, Italy. On September 27, I'll be at Chevalier's Books in Los Angeles with Brian Merchant for a joint launch for my new book The Internet Con and his new book, Blood in the Machine.

As a teenager growing up in Ontario, I always envied the kids who spent their summers tree planting; they'd come back from the bush in September, insect-chewed and leathery, with new muscle, incredible stories, thousands of dollars, and a glow imparted by the knowledge that they'd made a new forest with their own blistered hands.

I was too unathletic to follow them into the bush, but I spent my summers doing my bit, ringing doorbells for Greenpeace to get my neighbours fired up about the Canadian pulp-and-paper industry, which wasn't merely clear-cutting our old-growth forests – it was also poisoning the Great Lakes system with PCBs, threatening us all.

At the time, I thought of tree-planting as a small victory – sure, our homegrown, rapacious, extractive industry was able to pollute with impunity, but at least the government had reined them in on forests, forcing them to pay my pals to spend their summers replacing the forests they'd fed into their mills.

I was wrong. Last summer's Canadian wildfires blanketed the whole east coast and midwest in choking smoke as millions of trees burned and millions of tons of CO2 were sent into the atmosphere. Those wildfires weren't just an effect of the climate emergency: they were made far worse by all those trees planted by my pals in the eighties and nineties.

Writing in the New York Times, novelist Claire Cameron describes her own teen years working in the bush, planting row after row of black spruces, precisely spaced at six-foot intervals:

https://www.nytimes.com/2023/09/15/opinion/wildfires-treeplanting-timebomb.html

Cameron's summer job was funded by the logging industry, whose self-pegulated, self-assigned "penalty" for clearcutting diverse forests of spruce, pine and aspen was to pay teenagers to create a tree farm, at nine cents per sapling (minus camp costs).

Black spruces are made to burn, filled with flammable sap and equipped with resin-filled cones that rely on fire, only opening and dropping seeds when they're heated. They're so flammable that firefighters call them "gas on a stick."

Cameron and her friends planted under brutal conditions: working long hours in blowlamp heat and dripping wet bulb humidity, amidst clouds of stinging insects, fingers blistered and muscles aching. But when they hit rock bottom and were ready to quit, they'd encourage one another with a rallying cry: "Let's go make a forest!"

Planting neat rows of black spruces was great for the logging industry: the even spacing guaranteed that when the trees matured, they could be easily reaped, with ample space between each near-identical tree for massive shears to operate. But that same monocropped, evenly spaced "forest" was also optimized to burn.

It burned.

The climate emergency's frequent droughts turn black spruces into "something closer to a blowtorch." The "pines in lines" approach to reforesting was an act of sabotage, not remediation. Black spruces are thirsty, and they absorb the water that moss needs to thrive, producing "kindling in the place of fire retardant."

Cameron's column concludes with this heartbreaking line: "Now when I think of that summer, I don’t think that I was planting trees at all. I was planting thousands of blowtorches a day."

The logging industry committed a triple crime. First, they stole our old-growth forests. Next, they (literally) planted a time-bomb across Ontario's north. Finally, they stole the idealism of people who genuinely cared about the environment. They taught a generation that resistance is futile, that anything you do to make a better future is a scam, and you're a sucker for falling for it. They planted nihilism with every tree.

That scam never ended. Today, we're sold carbon offsets, a modern Papal indulgence. We are told that if we pay the finance sector, they can absolve us for our climate sins. Carbon offsets are a scam, a market for lemons. The "offset" you buy might be a generated by a fake charity like the Nature Conservancy, who use well-intentioned donations to buy up wildlife reserves that can't be logged, which are then converted into carbon credits by promising not to log them:

https://pluralistic.net/2020/12/12/fairy-use-tale/#greenwashing

The credit-card company that promises to plant trees every time you use your card? They combine false promises, deceptive advertising, and legal threats against critics to convince you that you're saving the planet by shopping:

https://pluralistic.net/2021/11/17/do-well-do-good-do-nothing/#greenwashing

The carbon offset world is full of scams. The carbon offset that made the thing you bought into a "net zero" product? It might be a forest that already burned:

https://pluralistic.net/2022/03/11/a-market-for-flaming-lemons/#money-for-nothing

The only reason we have carbon offsets is that market cultists have spent forty years convincing us that actual regulation is impossible. In the neoliberal learned helplessness mind-palace, there's no way to simply say, "You may not log old-growth forests." Rather, we have to say, "We will 'align your incentives' by making you replace those forests."

The Climate Ad Project's "Murder Offsets" video deftly punctures this bubble. In it, a detective points his finger at the man who committed the locked-room murder in the isolated mansion. The murderer cheerfully admits that he did it, but produces a "murder offset," which allowed him to pay someone else not to commit a murder, using market-based price-discovery mechanisms to put a dollar-figure on the true worth of a murder, which he duly paid, making his kill absolutely fine:

https://pluralistic.net/2021/04/14/for-sale-green-indulgences/#killer-analogy

What's the alternative to murder offsets/carbon credits? We could ask our expert regulators to decide which carbon intensive activities are necessary and which ones aren't, and ban the unnecessary ones. We could ask those regulators to devise remediation programs that actually work. After all, there are plenty of forests that have already been clearcut, plenty that have burned. It would be nice to know how we can plant new forests there that aren't "thousands of blowtorches."

If that sounds implausible to you, then you've gotten trapped in the neoliberal mind-palace.

The term "regulatory capture" was popularized by far-right Chicago School economists who were promoting "public choice theory." In their telling, regulatory capture is inevitable, because companies will spend whatever it takes to get the government to pass laws making what they do legal, and making competing with them into a crime:

https://pluralistic.net/2022/06/13/public-choice/#ajit-pai-still-terrible

This is true, as far as it goes. Capitalists hate capitalism, and if an "entrepreneur" can make it illegal to compete with him, he will. But while this is a reasonable starting-point, the place that Public Choice Theory weirdos get to next is bonkers. They say that since corporations will always seek to capture their regulators, we should abolish regulators.

They say that it's impossible for good regulations to exist, and therefore the only regulation that is even possible is to let businesses do whatever they want and wait for the invisible hand to sweep away the bad companies. Rather than creating hand-washing rules for restaurant kitchens, we should let restaurateurs decide whether it's economically rational to make us shit ourselves to death. The ones that choose poorly will get bad online reviews and people will "vote with their dollars" for the good restaurants.

And if the online review site decides to sell "reputation management" to restaurants that get bad reviews? Well, soon the public will learn that the review site can't be trusted and they'll take their business elsewhere. No regulation needed! Unleash the innovators! Set the job-creators free!

This is the Ur-nihilism from which all the other nihilism springs. It contends that the regulations we have – the ones that keep our buildings from falling down on our heads, that keep our groceries from poisoning us, that keep our cars from exploding on impact – are either illusory, or perhaps the forgotten art of a lost civilization. Making good regulations is like embalming Pharaohs, something the ancients practiced in mist-shrouded, unrecoverable antiquity – and that may not have happened at all.

Regulation is corruptible, but it need not be corrupt. Regulation, like science, is a process of neutrally adjudicated, adversarial peer-review. In a robust regulatory process, multiple parties respond to a fact-intensive question – "what alloys and other properties make a reinforced steel joist structurally sound?" – with a mix of robust evidence and self-serving bullshit and then proceed to sort the two by pantsing each other, pointing out one another's lies.

The regulator, an independent expert with no conflicts of interest, sorts through the claims and counterclaims and makes a rule, showing their workings and leaving the door open to revisiting the rule based on new evidence or challenges to the evidence presented.

But when an industry becomes concentrated, it becomes unregulatable. 100 small and medium-sized companies will squabble. They'll struggle to come up with a common lie. There will always be defectors in their midst. Their conduct will be legible to external experts, who will be able to spot the self-serving BS.

But let that industry dwindle to a handful of giant companies, let them shrink to a number that will fit around a boardroom table, and they will sit down at a table and agree on a cozy arrangement that fucks us all over to their benefit. They will become so inbred that the only people who understand how they work will be their own insiders, and so top regulators will be drawn from their own number and be hopelessly conflicted.

When the corporate sector takes over, regulatory capture is inevitable. But corporate takeover isn't inevitable. We can – and have, and will again – fight corporate power, with antitrust law, with unions, and with consumer rights groups. Knowing things is possible. It simply requires that we keep the entities that profit by our confusion poor and thus weak.

The thing is, corporations don't always lie about regulations. Take the fight over working encryption, which – once again – the UK government is trying to ban:

https://www.theguardian.com/technology/2023/feb/24/signal-app-warns-it-will-quit-uk-if-law-weakens-end-to-end-encryption

Advocates for criminalising working encryption insist that the claims that this is impossible are the same kind of self-serving nonsense as claims that banning clearcutting of old-growth forests is impossible:

https://twitter.com/JimBethell/status/1699339739042599276

They say that when technologists say, "We can't make an encryption system that keeps bad guys out but lets good guys in," that they are being lazy and unimaginative. "I have faith in you geeks," they said. "Go nerd harder! You'll figure it out."

Google and Apple and Meta say that selectively breakable encryption is impossible. But they also claim that a bunch of eminently possible things are impossible. Apple claims that it's impossible to have a secure device where you get to decide which software you want to use and where publishers aren't deprive of 30 cents on every dollar you spend. Google says it's impossible to search the web without being comprehensively, nonconsensually spied upon from asshole to appetite. Meta insists that it's impossible to have digital social relationship without having your friendships surveilled and commodified.

While they're not lying about encryption, they are lying about these other things, and sorting out the lies from the truth is the job of regulators, but that job is nearly impossible thanks to the fact that everyone who runs a large online service tells the same lies – and the regulators themselves are alumni of the industry's upper eschelons.

Logging companies know a lot about forests. When we ask, "What is the best way to remediate our forests," the companies may well have useful things to say. But those useful things will be mixed with actively harmful lies. The carefully cultivated incompetence of our regulators means that they can't tell the difference.

Conspiratorialism is characterized as a problem of what people believe, but the true roots of conspiracy belief isn't what we believe, it's how we decide what to believe. It's not beliefs, it's epistemology.

Because most of us aren't qualified to sort good reforesting programs from bad ones. And even if we are, we're probably not also well-versed enough in cryptography to sort credible claims about encryption from wishful thinking. And even if we're capable of making that determination, we're not experts in food hygiene or structural engineering.

Daily life in the 21st century means resolving a thousand life-or-death technical questions every day. Our regulators – corrupted by literally out-of-control corporations – are no longer reliable sources of ground truth on these questions. The resulting epistemological chaos is a cancer that gnaws away at our resolve to do anything about it. It is a festering pool where nihilism outbreaks are incubated.

The liberal response to conspiratorialism is mockery. In her new book Doppelganger, Naomi Klein tells of how right-wing surveillance fearmongering about QR-code "vaccine passports" was dismissed with a glib, "Wait until they hear about cellphones!"

https://pluralistic.net/2023/09/05/not-that-naomi/#if-the-naomi-be-klein-youre-doing-just-fine

But as Klein points out, it's not good that our cellphones invade our privacy in the way that right-wing conspiracists thought that vaccine passports might. The nihilism of liberalism – which insists that things can't be changed except through market "solutions" – leads us to despair.

By contrast, leftism – a muscular belief in democratic, publicly run planning and action – offers a tonic to nihilism. We don't have to let logging companies decide whether a forest can be cut, or what should be planted when it is. We can have nice things. The art of finding out what's true or prudent didn't die with the Reagan Revolution (or the discount Canadian version, the Mulroney Malaise). The truth is knowable. Doing stuff is possible. Things don't have to be on fire.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/09/16/murder-offsets/#pulped-and-papered

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mostlysignssomeportents · 8 months

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Apple to EU: “Go fuck yourself”

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/02/06/spoil-the-bunch/#dma

There's a strain of anti-anti-monopolist that insists that they're not pro-monopoly – they're just realists who understand that global gigacorporations are too big to fail, too big to jail, and that governments can't hope to rein them in. Trying to regulate a tech giant, they say, is like trying to regulate the weather.

This ploy is cousins with Jay Rosen's idea of "savvying," defined as: "dismissing valid questions with the insider's, 'and this surprises you?'"

https://twitter.com/jayrosen_nyu/status/344825874362810369?lang=en

In both cases, an apologist for corruption masquerades as a pragmatist who understands the ways of the world, unlike you, a pathetic dreamer who foolishly hopes for a better world. In both cases, the apologist provides cover for corruption, painting it as an inevitability, not a choice. "Don't hate the player. Hate the game."

The reason this foolish nonsense flies is that we are living in an age of rampant corruption and utter impunity. Companies really do get away with both literal and figurative murder. Governments really do ignore horrible crimes by the rich and powerful, and fumble what rare, few enforcement efforts they assay.

Take the GDPR, Europe's landmark privacy law. The GDPR establishes strict limitations of data-collection and processing, and provides for brutal penalties for companies that violate its rules. The immediate impact of the GDPR was a mass-extinction event for Europe's data-brokerages and surveillance advertising companies, all of which were in obvious violation of the GDPR's rules.

But there was a curious pattern to GDPR enforcement: while smaller, EU-based companies were swiftly shuttered by its provisions, the US-based giants that conduct the most brazen, wide-ranging, illegal surveillance escaped unscathed for years and years, continuing to spy on Europeans.

One (erroneous) way to look at this is as a "compliance moat" story. In that story, GDPR requires a bunch of expensive systems that only gigantic companies like Facebook and Google can afford. These compliance costs are a "capital moat" – a way to exclude smaller companies from functioning in the market. Thus, the GDPR acted as an anticompetitive wrecking ball, clearing the field for the largest companies, who get to operate without having to contend with smaller companies nipping at their heels:

https://www.techdirt.com/2019/06/27/another-report-shows-gdpr-benefited-google-facebook-hurt-everyone-else/

This is wrong.

Oh, compliance moats are definitely real – think of the calls for AI companies to license their training data. AI companies can easily do this – they'll just buy training data from giant media companies – the very same companies that hope to use models to replace creative workers with algorithms. Create a new copyright over training data won't eliminate AI – it'll just confine AI to the largest, best capitalized companies, who will gladly provide tools to corporations hoping to fire their workforces:

https://pluralistic.net/2023/02/09/ai-monkeys-paw/#bullied-schoolkids

But just because some regulations can be compliance moats, that doesn't mean that all regulations are compliance moats. And just because some regulations are vigorously applied to small companies while leaving larger firms unscathed, it doesn't follow that the regulation in question is a compliance moat.

A harder look at what happened with the GDPR reveals a completely different dynamic at work. The reason the GDPR vaporized small surveillance companies and left the big companies untouched had nothing to do with compliance costs. The Big Tech companies don't comply with the GDPR – they just get away with violating the GDPR.

How do they get away with it? They fly Irish flags of convenience. Decades ago, Ireland started dabbling with offering tax-havens to the wealthy and mobile – they invented the duty-free store:

https://en.wikipedia.org/wiki/Duty-free_shop#1947%E2%80%931990:_duty_free_establishment

Capturing pennies from the wealthy by helping them avoid fortunes they owed in taxes elsewhere was terribly seductive. In the years that followed, Ireland began aggressively courting the wealthy on an industrial scale, offering corporations the chance to duck their obligations to their host countries by flying an Irish flag of convenience.

There are other countries who've tried this gambit – the "treasure islands" of the Caribbean, the English channel, and elsewhere – but Ireland is part of the EU. In the global competition to help the rich to get richer, Ireland had a killer advantage: access to the EU, the common market, and 500m affluent potential customers. The Caymans can hide your money for you, and there's a few super-luxe stores and art-galleries in George Town where you can spend it, but it's no Champs Elysees or Ku-Damm.

But when you're competing with other countries for the pennies of trillion-dollar tax-dodgers, any wins can be turned into a loss in an instant. After all, any corporation that is footloose enough to establish a Potemkin Headquarters in Dublin and fly the trídhathach can easily up sticks and open another Big Store HQ in some other haven that offers it a sweeter deal.

This has created a global race to the bottom among tax-havens to also serve as regulatory havens – and there's a made-in-the-EU version that sees Ireland, Malta, Cyprus and sometimes the Netherlands competing to see who can offer the most impunity for the worst crimes to the most awful corporations in the world.

And that's why Google and Facebook haven't been extinguished by the GDPR while their rivals were. It's not compliance moats – it's impunity. Once a corporation attains a certain scale, it has the excess capital to spend on phony relocations that let it hop from jurisdiction to jurisdiction, chasing the loosest slots on the strip. Ireland is a made town, where the cops are all on the take, and two thirds of the data commissioner's rulings are eventually overturned by the federal court:

https://www.iccl.ie/digital-data/iccl-2023-gdpr-report/

This is a problem among many federations, not just the EU. The US has its onshore-offshore tax- and regulation-havens (Delaware, South Dakota, Texas, etc), and so does Canada (Alberta), and some Swiss cantons are, frankly, batshit:

https://lenews.ch/2017/11/25/swiss-fact-some-swiss-women-had-to-wait-until-1991-to-vote/

None of this is to condemn federations outright. Federations are (potentially) good! But federalism has a vulnerability: the autonomy of the federated states means that they can be played against each other by national or transnational entities, like corporations. This doesn't mean that it's impossible to regulate powerful entities within a federation – but it means that federal regulation needs to account for the risk of jurisdiction-shopping.

Enter the Digital Markets Act, a new Big Tech specific law that, among other things, bans monopoly app stores and payment processing, through which companies like Apple and Google have levied a 30% tax on the entire app market, while arrogating to themselves the right to decide which software their customers may run on their own devices:

https://pluralistic.net/2023/06/07/curatorial-vig/#app-tax

Apple has responded to this regulation with a gesture of contempt so naked and broad that it beggars belief. As Proton describes, Apple's DMA plan is the very definition of malicious compliance:

https://proton.me/blog/apple-dma-compliance-plan-trap

Recall that the DMA is intended to curtail monopoly software distribution through app stores and mobile platforms' insistence on using their payment processors, whose fees are sky-high. The law is intended to extinguish developer agreements that ban software creators from informing customers that they can get a better deal by initiating payments elsewhere, or by getting a service through the web instead of via an app.

In response, Apple, has instituted a junk fee it calls the "Core Technology Fee": EUR0.50/install for every installation over 1m. As Proton writes, as apps grow more popular, using third-party payment systems will grow less attractive. Apple has offered discounts on its eye-watering payment processing fees to a mere 20% for the first payment and 13% for renewals. Compare this with the normal – and far, far too high – payment processing fees the rest of the industry charges, which run 2-5%. On top of all this, Apple has lied about these new discounted rates, hiding a 3% "processing" fee in its headline figures.

As Proton explains, paying 17% fees and EUR0.50 for each subscriber's renewal makes most software businesses into money-losers. The only way to keep them afloat is to use Apple's old, default payment system. That choice is made more attractive by Apple's inclusion of a "scare screen" that warns you that demons will rend your soul for all eternity if you try to use an alternative payment scheme.

Apple defends this scare screen by saying that it will protect users from the intrinsic unreliability of third-party processors, but as Proton points out, there are plenty of giant corporations who get to use their own payment processors with their iOS apps, because Apple decided they were too big to fuck with. Somehow, Apple can let its customers spend money Uber, McDonald's, Airbnb, Doordash and Amazon without terrorizing them about existential security risks – but not mom-and-pop software vendors or publishers who don't want to hand 30% of their income over to a three-trillion-dollar company.

Apple has also reserved the right to cancel any alternative app store and nuke it from Apple customers' devices without warning, reason or liability. Those app stores also have to post a one-million euro line of credit in order to be considered for iOS. Given these terms, it's obvious that no one is going to offer a third-party app store for iOS and if they did, no one would list their apps in it.

The fuckery goes on and on. If an app developer opts into third-party payments, they can't use Apple's payment processing too – so any users who are scared off by the scare screen have no way to pay the app's creators. And once an app creator opts into third party payments, they can never go back – the decision is permanent.

Apple also reserves the right to change all of these policies later, for the worse ("I am altering the deal. Pray I don't alter it further" -D. Vader). They have warned developers that they might change the API for reporting external sales and revoke developers' right to use alternative app stores at its discretion, with no penalties if that screws the developer.

Apple's contempt extends beyond app marketplaces. The DMA also obliges Apple to open its platform to third party browsers and browser engines. Every browser on iOS is actually just Safari wrapped in a cosmetic skin, because Apple bans third-party browser-engines:

https://pluralistic.net/2022/12/13/kitbashed/#app-store-tax

But, as Mozilla puts it, Apple's plan for this is "as painful as possible":

https://www.theverge.com/2024/1/26/24052067/mozilla-apple-ios-browser-rules-firefox

For one thing, Apple will only allow European customers to run alternative browser engines. That means that Firefox will have to "build and maintain two separate browser implementations — a burden Apple themselves will not have to bear."

(One wonders how Apple will treat Americans living in the EU, whose Apple accounts still have US billing addresses – these people will still be entitled to the browser choice that Apple is grudgingly extending to Europeans.)

All of this sends a strong signal that Apple is planning to run the same playbook with the DMA that Google and Facebook used on the GDPR: ignore the law, use lawyerly bullshit to chaff regulators, and hope that European federalism has sufficiently deep cracks that it can hide in them when the enforcers come to call.

But Apple is about to get a nasty shock. For one thing, the DMA allows wronged parties to start their search for justice in the European federal court system – bypassing the Irish regulators and courts. For another, there is a global movement to check corporate power, and because the tech companies do the same kinds of fuckery in every territory, regulators are able to collaborate across borders to take them down.

Take Apple's app store monopoly. The best reference on this is the report published by the UK Competition and Markets Authority's Digital Markets Unit:

https://assets.publishing.service.gov.uk/media/63f61bc0d3bf7f62e8c34a02/Mobile_Ecosystems_Final_Report_amended_2.pdf

The devastating case that the DMU report was key to crafting the DMA – but it also inspired a US law aimed at forcing app markets open:

https://www.congress.gov/bill/117th-congress/senate-bill/2710

And a Japanese enforcement action:

https://asia.nikkei.com/Business/Technology/Japan-to-crack-down-on-Apple-and-Google-app-store-monopolies

And action in South Korea:

https://www.reuters.com/technology/skorea-considers-505-mln-fine-against-google-apple-over-app-market-practices-2023-10-06/

These enforcers gather for annual meetings – I spoke at one in London, convened by the Competition and Markets Authority – where they compare notes, form coalitions, and plan strategy:

https://www.eventbrite.co.uk/e/cma-data-technology-and-analytics-conference-2022-registration-308678625077

This is where the savvying breaks down. Yes, Apple is big enough to run circles around Japan, or South Korea, or the UK. But when those countries join forces with the EU, the USA and other countries that are fed up to the eyeballs with Apple's bullshit, the company is in serious danger.

It's true that Apple has convinced a bunch of its customers that buying a phone from a multi-trillion-dollar corporation makes you a member of an oppressed religious minority:

https://pluralistic.net/2024/01/12/youre-holding-it-wrong/#if-dishwashers-were-iphones

Some of those self-avowed members of the "Cult of Mac" are willing to take the company's pronouncements at face value and will dutifully repeat Apple's claims to be "protecting" its customers. But even that credulity has its breaking point – Apple can only poison the well so many times before people stop drinking from it. Remember when the company announced a miraculous reversal to its war on right to repair, later revealed to be a bald-faced lie?

https://pluralistic.net/2023/09/22/vin-locking/#thought-differently

Or when Apple claimed to be protecting phone users' privacy, which was also a lie?

https://pluralistic.net/2022/11/14/luxury-surveillance/#liar-liar

The savvy will see Apple lying (again) and say, "this surprises you?" No, it doesn't surprise me, but it pisses me off – and I'm not the only one, and Apple's insulting lies are getting less effective by the day.

Image: Alex Popovkin, Bahia, Brazil from Brazil (modified) https://commons.wikimedia.org/wiki/File:Annelid_worm,_Atlantic_forest,_northern_littoral_of_Bahia,_Brazil_%2816107326533%29.jpg

CC BY 2.0 https://creativecommons.org/licenses/by/2.0/deed.en

Hubertl (modified) https://commons.wikimedia.org/wiki/File:2015-03-04_Elstar_%28apple%29_starting_putrefying_IMG_9761_bis_9772.jpg

CC BY-SA 4.0 https://creativecommons.org/licenses/by-sa/4.0/deed.en

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