#code is speech

[mostlysignssomeportents]

Premature Internet Activists

I'm on a 20+ city book tour for my new novel PICKS AND SHOVELS. Catch me TOMORROW (Feb 14) in BOSTON for FREE at BOSKONE , and SATURDAY (Feb 15) for a virtual event with YANIS VAROUFAKIS. More tour dates here.

"Premature antifacist" was a sarcastic term used by leftists caught up in the Red Scare to describe themselves, as they came under ideological suspicion for having traveled to Spain to fight against Franco's fascists before the US entered WWII and declared war against the business-friendly, anticommunist fascist Axis powers of Italy, Spain, and, of course, Germany:

https://www.google.com/books/edition/In_Denial/fBSbKS1FlegC?hl=en&gbpv=1&bsq=%22premature+anti-fascist%22&pg=PA277&printsec=frontcover

The joke was that opposing fascism made you an enemy of America – unless you did so after the rest of America had woken up to the existential threat of a global fascist takeover. What's more, if you were a "premature antifascist," you got no credit for fighting fascism early on. Quite the contrary: fighting fascism before the rest of the US caught up with you didn't make you prescient – it made you a pariah.

I've been thinking a lot about premature antifascism these days, as literal fascists use the internet to coordinate a global authoritarian takeover that represents an existential threat to a habitable planet and human thriving. In light of that, it's hard to argue that the internet is politically irrelevant, and that fights over the regulation, governance, and structure of the internet are somehow unserious.

And yet, it wasn't very long ago that tech policy was widely derided as a frivolous pursuit, and that tech organizing was dismissed as "slacktivism":

https://www.newyorker.com/magazine/2010/10/04/small-change-malcolm-gladwell

Elevating concerns about the internet's destiny to the level of human rights struggle was delusional, a glorified argument about the rules for forums where sad nerds argued about Star Trek. If you worried that Napster-era copyright battles would make it easy to remove online content by claiming that it infringed copyright, you were just carrying water for music pirates. If you thought that legalizing and universalizing encryption technology would safeguard human rights, you were a fool who had no idea that real human rights battles involved confronting Bull Connor in the streets, not suing the NSA in a federal courtroom.

And now here we are. Congress has failed to update consumer privacy law since 1988 (when they banned video store clerks from blabbing about your VHS rentals). Mass surveillance enables everything from ransomware, pig butchering and identity theft to state surveillance of "domestic enemies," from trans people to immigrants. What's more, the commercial and state surveillance apparatus are, in fact, as single institution: states protect corporations from privacy law so that corporations can create and maintain population-scale nonconsensual dossiers on all the intimate facts of our lives, which governments raid at will, treating them as an off-the-books surveillance dragnet:

https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does

Our speech forums have been captured by billionaires who censor anti-oligarchic political speech, and who spy on dissident users in order to aid in political repression. Bogus copyright claims are used to remove or suppress disfavorable news reports of elite rapists, thieves, war criminals and murderers:

https://pluralistic.net/2024/06/27/nuke-first/#ask-questions-never

You'd be hard pressed to find someone who'd describe the fights over tech governance in 2025 as frivolous or disconnected from "real politics"

This is where the premature antifascist stuff comes in. An emerging revisionist history of internet activism would have you believe that the first generation of tech liberation activists weren't fighting for a free, open internet – we were just shilling for tech companies. The P2P wars weren't about speech, privacy and decentralization – they were just a way to help the tech sector fight the entertainment industry. DRM fights weren't about preserving your right to repair, to privacy, and to accessibility – they were just about making it easy to upload movies to Kazaa. Fighting for universal access to encryption wasn't about defending everyday people from corporate and state surveillance – it was just a way to help terrorists and child abusers stay out of sight of cops.

Of course, now these fights are all about real things. Now we need to worry about centralization, interoperability, lock-in, surveillance, speech, and repair. But the people – like me – who've been fighting over this stuff for a quarter-century? We've gone from "unserious fools who mistook tech battles for human rights fights" to "useful idiots for tech companies" in an eyeblink.

"Premature Internet Activists," in other words.

This isn't merely ironic or frustrating – it's dangerous. Approaching tech activism without a historical foundation can lead people badly astray. For example, many modern tech critics think that Section 230 of the Communications Decency Act (which makes internet users liable for illegal speech acts, while immunizing entities that host that speech) is a "giveaway to Big Tech" and want to see it abolished.

Boy is this dangerous. CDA 230 is necessary for anyone who wants to offer a place for people to meet and discuss anything. Without CDA 230, no one could safely host a Mastodon server, or set up the long-elusive federated Bluesky servers. Hell, you couldn't even host a group-chat or message board:

https://www.techdirt.com/2020/06/23/hello-youve-been-referred-here-because-youre-wrong-about-section-230-communications-decency-act/

Getting rid of CDA 230 won't get rid of Facebook or make it clean up its act. It will just make it impossible for anyone to offer an alternative to Facebook, permanently enshrining Zuck's dominance over our digital future. That's why Mark Zuckerberg wants to kill Section 230:

https://www.nbcnews.com/tech/tech-news/zuckerberg-calls-changes-techs-section-230-protections-rcna486

Defending policies that make it easier to host speech isn't the same thing as defending tech companies' profits, though these do sometimes overlap. When tech platforms have their users' back – even for self-serving reasons – they create legal precedents and strong norms that protect everyone. Like when Apple stood up to the FBI on refusing to break its encryption:

https://en.wikipedia.org/wiki/Apple%E2%80%93FBI_encryption_dispute

If Apple had caved on that one, it would be far harder for, say, Signal to stand up to demands that it weaken its privacy guarantees. I'm no fan of Apple, and I would never mistake Tim Cook – who owes his CEOhood to his role in moving Apple production to Chinese sweatshops that are so brutal they had to install suicide nets – for a human rights defender. But I cheered on Apple in its fight against the FBI, and I will cheer them again, if they stand up to the UK government's demand to break their encryption:

https://www.bbc.com/news/articles/c20g288yldko

This doesn't make me a shill for Apple. I don't care if Apple makes or loses another dime. I care about Apple's users and their privacy. That's why I criticize Apple when they compromise their users' privacy for profit:

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

The same goes for fights over scraping. I hate AI companies as much as anyone, but boy is it a mistake to support calls to ban scraping in the name of fighting AI:

https://pluralistic.net/2023/09/17/how-to-think-about-scraping/

It's scraping that lets us track paid political disinformation on Facebook (Facebook isn't going to tell us about it):

https://pluralistic.net/2021/08/05/comprehensive-sex-ed/#quis-custodiet-ipsos-zuck

And it's scraping that let us rescue all the CDC and NIH data that Musk's broccoli-hair brownshirts deleted on behalf of DOGE:

https://www.cnet.com/tech/services-and-software/how-to-access-important-health-info-thats-been-scrubbed-from-the-cdc-site/

It's such a huge mistake to assume that anything corporations want is bad for the internet. There are many times when commercial interests dovetail with online human rights. That's not a defense of capitalism, it's a critique of capitalism that acknowledges that profits do sometimes coincide with the public interest, an argument that Marx and Engels devote Chapter One of The Communist Manifesto to:

https://www.nytimes.com/2022/10/31/books/review/a-spectre-haunting-china-mieville.html

In the early 1990s, Al Gore led the "National Information Infrastructure" hearings, better known as the "Information Superhighway" hearings. Gore's objective was to transfer control over the internet from the military to civilian institutions. It's true that these institutions were largely (but not exclusively) commercial entities seeking to make a buck on the internet. It's also true that much of that transfer could have been to public institutions rather than private hands.

But I've lately – and repeatedly – heard this moment described (by my fellow leftists) as the "privatization" of the internet. This is strictly true, but it's even more true to say that it was the demilitarization of the internet. In other words, corporations didn't take over functions performed by, say, the FCC – they took over from the Pentagon. Leftists have no business pining for the days when the internet was controlled by the Department of Defense.

Caring about the technological dimension of human rights 30 years ago – or hell, 40 years ago – doesn't make you a corporate stooge who wanted to launch a thousand investment bubbles. It makes you someone who understood, from the start, that digital rights are human rights, that cyberspace would inevitably evert into meatspace, and that the rules, norms and infrastructure we built for the net would someday be as consequential as any other political decision.

I'm proud to be a Premature Internet Activist. I just celebrated my 23rd year with the Electronic Frontier Foundation, and yesterday, we sued Elon Musk and DOGE:

https://www.eff.org/press/releases/eff-sues-opm-doge-and-musk-endangering-privacy-millions

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/2025/02/13/digital-rights/#are-human-rights

Image: Felix Winkelnkemper (modified) https://commons.wikimedia.org/wiki/File:Acoustic_Coupler.jpg

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

[stewingbrain]

they hate it when you serve chaotic genius doctors who would do anything to save the patient, have a strong connection to a lady in power who employs them, and was accused of medical malpractice

[lollygaggingloser]

Nuru and Yong watched as Varian and Hugo argued again.

Nuru: So how long do you think it will be until they just kiss eachother and get over their silly squabbles?

Yong: That depends. Accidentally kiss or for real kiss? Cause they've already accidentally kissed and that only made them argue more. As for a for real kiss, that would have to wait until one of them realizes they like the other. Neither knows their own feelings yet, but I think Varian's closest to it.

Nuru (surprised): Have you been keeping track of their interactions?

Yong (nodding): It's been a long journey, and until you joined, I've only had Ruddiger and Olivia to make bets on who makes the first move. You wanna join?

Nuru: ...what are the current bets?

Yong: Olivia bets that Hugo will save Varian's life at some point and Varian will confess his feelings. Ruddiger bets Hugo will mess up our journey and apologize to Varian which will include his confession.

Nuru (thinking): Hugo does seem unreliable, but he's also saved you during the last trial.

Yong: Which makes both bets possible.

Nuru: What's yours?

Yong: I bet that they will have a big argument. Bigger than this one. And they will resolve it with a for real kiss.

Nuru (taking out a small handful of coins): They do like to argue...okay, I have my bet then. I bet these two will drag this on for so long that neither will confess until we make it to the eternal library.

Yong (writing down the bet and adding Nuru's coins to a bag containing more coins, shiny knick knacks, and apples): The winner gets the pot. And ties equally share it.

-----

For some strange reason, Varian and Hugo found that their teammates were adamant they be told exactly what happened in the eternal library at the end of their journey. The two did their best to explain how grand the library was and how meeting Varian's mother was a surprising and terrifying experience, but they weren't interested in those details. Instead, they were interested in how they reconciled and emerged out of the library as a couple. By the end of their explanation, Hugo and Varian were blushing from the embarrassment of it all.

The most confusing part was after telling their story, Nuru, Yong, Ruddiger, and Olivia were found splitting up the items in a brown bag that consisted of some coins, trinkets, and apples between each other. When Varian asked Yong what that was all about, he only answered.

"All of us made the correct bet."

[thebadchoicemachine]

The top comment:

As of this moment this legislation is in front of the Senate Committee on Commerce, Science, and Transport. I have taken the liberty of compiling a list of all the names and phone numbers of every Senator on that committee, and I've put the names of Senators up for re-election in 2026 in bold.

I will note that this is the third time this legislation has been introduced. In 2022 it ended up dying in Committee when introduced in the Senate and the same happened when it was introduced to the House of Representatives in 2023. Obviously we should all be concerned and take action, but don't go into full blown panic unless it exits committee. At that point I intend to have a list ready of all 100 Senators stating which ones are up for re-election and are considered at risk of losing seats.

Also my advice for calls:

- When talking with Republicans play up the fact that this would force Elon to implement age verification systems on X (yes do call it X during the call). Elon's been threatening to primary Republicans who stand in his way so there's fear of him. Also play up concerns about "Liberals" doxxing people or Chinese hackers.

- When talking with Democrats, play up the connections to Project 2025 and suggest voters will not be happy to see Democrats siding with it.

Republicans:

Ted Cruz, Texas (Chairman) - Phone: (202) 224-5922

John Thune, South Dakota - Phone: (202) 224-2321

Roger Wicker, Mississippi - Phone: (202) 224-6253

Deb Fischer, Nebraska - Phone: (202) 224-6551

Jerry Moran, Kansas - Phone: (202) 224-6521

Dan Sullivan, Alaska - Phone: (202) 224-3004

Marsha Blackburn, Tennessee - Phone: (202) 224-3344

Todd Young, Indiana - Phone: (202) 224-5623

Ted Budd, North Carolina - (202) 224-3154

Eric Schmitt, Missouri - (202) 224-5721

John Curtis, Utah - Phone: (202) 224-5251

Bernie Moreno, Ohio - Phone: (202) 224-3353

Tim Sheehy, Montana - Phone: (202) 224-2644

Shelley Moore Capito, West Virginia - Phone: (202) 224-6472

Cynthia Lummis, Wyoming - Phone: (202) 224-3424

Democrats:

Maria Cantwell, Washington (Ranking Member) - Phone: (202) 224-3441

Amy Klobuchar, Minnesota - Phone: (202) 224-3244

Brian Schatz, Hawaii - Phone: (202) 224-3934

Ed Markey, Massachusetts - Phone: (202) 224-2742

Gary Peters, Michigan - Phone: (202) 224-6221

Tammy Baldwin, Wisconsin - Phone: (202) 224-5653

Tammy Duckworth, Illinois - Phone: (202) 224-2854

Jacky Rosen, Nevada - Phone: (202) 224-6244

Ben Ray Luján, New Mexico - Phone: (202) 224-6621

John Hickenlooper, Colorado - Phone: (202) 224-5941

John Fetterman, Pennsylvania - Phone: (202) 224-4254

Andy Kim, New Jersey - Phone: (202) 224-4744

Lisa Blunt Rochester, Delaware - Phone: (202) 224-2441

••••

script courtesy of the comment section comment:

Here is a script I just wrote - feel free to use!

Hi, my name is [], and I am one of Senator []’s constituents. I live in [city, zip code - leave your full address if leaving a voicemail].

I am calling in regards to a bill that was recently introduced in the Senate Committee on Commerce, Science, and Transport: the SCREEN act.

I am asking Senator [] to either take no action or vote against this bill because of its implications for freedom of speech. [insert one of the other concerns listed above]. Thank you for your time and for listening to my concerns.

[h2b1m]

i shouldve made him laying on his bed kicking his feet in the air

[inamindfarfaraway]

I love how Spider-Man: Into the Spider-Verse said “Anyone can be Spider-Man”. I love how it inspired everyone to imagine their own Spider-People, saving the day in their own universes, with all kinds of cool, interesting personalities and aesthetics and mutations and life stories and relationships. We all put pieces of our soul into these homemade heroes. We had fun. We found community. And then Spider-Man: Across the Spider-Verse said, “Wow, great job! You’ve really taken our message to heart. Well, get ready for even more of everything you liked from the first movie and a new message to complement the first. Anyone can be Spider-Man… and anyone can be pulled into a cult.”

So now we all have to contemplate whether our lovingly crafted heroes would ever be on Team Mandatory Trauma Because Martyr Complex or not and why.

[chuuyafucks]

The way skk can basically talk withojut talking makes the whole mersault thing so hilarious because even though fyodor was trying to play off as he was controlling chuuya (???) U know he felt like they were third wheeling him. Hes like heh your shallow bond meanwhile they're laughing together at an inside joke from 5 years ago without even speaking or reacting

[herbaklava]

TikTok is officially banned in the U.S. as of tonight. Over 170 million people need to go read some books and develop their own thoughts and opinions now…

[bananonbinary]

weird pet peeve in fiction: when people are communicating nonverbally with morse code, or tracing letters with their fingers, or basically any way other than sign, and they're having normal conversation with full sentences. like. do you know how fucking long it takes to spell out a full sentence in morse code?? is this conversation taking half an hour???

[kuiperoid]

Queen Coke Francis talks about the history of the Hays Code and the wave of puritannical thinking towards media seen among young people these days, sometimes under the guise of social progressivism.

[mostlysignssomeportents]

"Open" "AI" isn’t

Tomorrow (19 Aug), I'm appearing at the San Diego Union-Tribune Festival of Books. I'm on a 2:30PM panel called "Return From Retirement," followed by a signing:

https://www.sandiegouniontribune.com/festivalofbooks

The crybabies who freak out about The Communist Manifesto appearing on university curriculum clearly never read it – chapter one is basically a long hymn to capitalism's flexibility and inventiveness, its ability to change form and adapt itself to everything the world throws at it and come out on top:

https://www.marxists.org/archive/marx/works/1848/communist-manifesto/ch01.htm#007

Today, leftists signal this protean capacity of capital with the -washing suffix: greenwashing, genderwashing, queerwashing, wokewashing – all the ways capital cloaks itself in liberatory, progressive values, while still serving as a force for extraction, exploitation, and political corruption.

A smart capitalist is someone who, sensing the outrage at a world run by 150 old white guys in boardrooms, proposes replacing half of them with women, queers, and people of color. This is a superficial maneuver, sure, but it's an incredibly effective one.

In "Open (For Business): Big Tech, Concentrated Power, and the Political Economy of Open AI," a new working paper, Meredith Whittaker, David Gray Widder and Sarah B Myers document a new kind of -washing: openwashing:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4543807

Openwashing is the trick that large "AI" companies use to evade regulation and neutralizing critics, by casting themselves as forces of ethical capitalism, committed to the virtue of openness. No one should be surprised to learn that the products of the "open" wing of an industry whose products are neither "artificial," nor "intelligent," are also not "open." Every word AI huxters say is a lie; including "and," and "the."

So what work does the "open" in "open AI" do? "Open" here is supposed to invoke the "open" in "open source," a movement that emphasizes a software development methodology that promotes code transparency, reusability and extensibility, which are three important virtues.

But "open source" itself is an offshoot of a more foundational movement, the Free Software movement, whose goal is to promote freedom, and whose method is openness. The point of software freedom was technological self-determination, the right of technology users to decide not just what their technology does, but who it does it to and who it does it for:

https://locusmag.com/2022/01/cory-doctorow-science-fiction-is-a-luddite-literature/

The open source split from free software was ostensibly driven by the need to reassure investors and businesspeople so they would join the movement. The "free" in free software is (deliberately) ambiguous, a bit of wordplay that sometimes misleads people into thinking it means "Free as in Beer" when really it means "Free as in Speech" (in Romance languages, these distinctions are captured by translating "free" as "libre" rather than "gratis").

The idea behind open source was to rebrand free software in a less ambiguous – and more instrumental – package that stressed cost-savings and software quality, as well as "ecosystem benefits" from a co-operative form of development that recruited tinkerers, independents, and rivals to contribute to a robust infrastructural commons.

But "open" doesn't merely resolve the linguistic ambiguity of libre vs gratis – it does so by removing the "liberty" from "libre," the "freedom" from "free." "Open" changes the pole-star that movement participants follow as they set their course. Rather than asking "Which course of action makes us more free?" they ask, "Which course of action makes our software better?"

Thus, by dribs and drabs, the freedom leeches out of openness. Today's tech giants have mobilized "open" to create a two-tier system: the largest tech firms enjoy broad freedom themselves – they alone get to decide how their software stack is configured. But for all of us who rely on that (increasingly unavoidable) software stack, all we have is "open": the ability to peer inside that software and see how it works, and perhaps suggest improvements to it:

https://www.youtube.com/watch?v=vBknF2yUZZ8

In the Big Tech internet, it's freedom for them, openness for us. "Openness" – transparency, reusability and extensibility – is valuable, but it shouldn't be mistaken for technological self-determination. As the tech sector becomes ever-more concentrated, the limits of openness become more apparent.

But even by those standards, the openness of "open AI" is thin gruel indeed (that goes triple for the company that calls itself "OpenAI," which is a particularly egregious openwasher).

The paper's authors start by suggesting that the "open" in "open AI" is meant to imply that an "open AI" can be scratch-built by competitors (or even hobbyists), but that this isn't true. Not only is the material that "open AI" companies publish insufficient for reproducing their products, even if those gaps were plugged, the resource burden required to do so is so intense that only the largest companies could do so.

Beyond this, the "open" parts of "open AI" are insufficient for achieving the other claimed benefits of "open AI": they don't promote auditing, or safety, or competition. Indeed, they often cut against these goals.

"Open AI" is a wordgame that exploits the malleability of "open," but also the ambiguity of the term "AI": "a grab bag of approaches, not… a technical term of art, but more … marketing and a signifier of aspirations." Hitching this vague term to "open" creates all kinds of bait-and-switch opportunities.

That's how you get Meta claiming that LLaMa2 is "open source," despite being licensed in a way that is absolutely incompatible with any widely accepted definition of the term:

https://blog.opensource.org/metas-llama-2-license-is-not-open-source/

LLaMa-2 is a particularly egregious openwashing example, but there are plenty of other ways that "open" is misleadingly applied to AI: sometimes it means you can see the source code, sometimes that you can see the training data, and sometimes that you can tune a model, all to different degrees, alone and in combination.

But even the most "open" systems can't be independently replicated, due to raw computing requirements. This isn't the fault of the AI industry – the computational intensity is a fact, not a choice – but when the AI industry claims that "open" will "democratize" AI, they are hiding the ball. People who hear these "democratization" claims (especially policymakers) are thinking about entrepreneurial kids in garages, but unless these kids have access to multi-billion-dollar data centers, they can't be "disruptors" who topple tech giants with cool new ideas. At best, they can hope to pay rent to those giants for access to their compute grids, in order to create products and services at the margin that rely on existing products, rather than displacing them.

The "open" story, with its claims of democratization, is an especially important one in the context of regulation. In Europe, where a variety of AI regulations have been proposed, the AI industry has co-opted the open source movement's hard-won narrative battles about the harms of ill-considered regulation.

For open source (and free software) advocates, many tech regulations aimed at taming large, abusive companies – such as requirements to surveil and control users to extinguish toxic behavior – wreak collateral damage on the free, open, user-centric systems that we see as superior alternatives to Big Tech. This leads to the paradoxical effect of passing regulation to "punish" Big Tech that end up simply shaving an infinitesimal percentage off the giants' profits, while destroying the small co-ops, nonprofits and startups before they can grow to be a viable alternative.

The years-long fight to get regulators to understand this risk has been waged by principled actors working for subsistence nonprofit wages or for free, and now the AI industry is capitalizing on lawmakers' hard-won consideration for collateral damage by claiming to be "open AI" and thus vulnerable to overbroad regulation.

But the "open" projects that lawmakers have been coached to value are precious because they deliver a level playing field, competition, innovation and democratization – all things that "open AI" fails to deliver. The regulations the AI industry is fighting also don't necessarily implicate the speech implications that are core to protecting free software:

https://www.eff.org/deeplinks/2015/04/remembering-case-established-code-speech

Just think about LLaMa-2. You can download it for free, along with the model weights it relies on – but not detailed specs for the data that was used in its training. And the source-code is licensed under a homebrewed license cooked up by Meta's lawyers, a license that only glancingly resembles anything from the Open Source Definition:

https://opensource.org/osd/

Core to Big Tech companies' "open AI" offerings are tools, like Meta's PyTorch and Google's TensorFlow. These tools are indeed "open source," licensed under real OSS terms. But they are designed and maintained by the companies that sponsor them, and optimize for the proprietary back-ends each company offers in its own cloud. When programmers train themselves to develop in these environments, they are gaining expertise in adding value to a monopolist's ecosystem, locking themselves in with their own expertise. This a classic example of software freedom for tech giants and open source for the rest of us.

One way to understand how "open" can produce a lock-in that "free" might prevent is to think of Android: Android is an open platform in the sense that its sourcecode is freely licensed, but the existence of Android doesn't make it any easier to challenge the mobile OS duopoly with a new mobile OS; nor does it make it easier to switch from Android to iOS and vice versa.

Another example: MongoDB, a free/open database tool that was adopted by Amazon, which subsequently forked the codebase and tuning it to work on their proprietary cloud infrastructure.

The value of open tooling as a stickytrap for creating a pool of developers who end up as sharecroppers who are glued to a specific company's closed infrastructure is well-understood and openly acknowledged by "open AI" companies. Zuckerberg boasts about how PyTorch ropes developers into Meta's stack, "when there are opportunities to make integrations with products, [so] it’s much easier to make sure that developers and other folks are compatible with the things that we need in the way that our systems work."

Tooling is a relatively obscure issue, primarily debated by developers. A much broader debate has raged over training data – how it is acquired, labeled, sorted and used. Many of the biggest "open AI" companies are totally opaque when it comes to training data. Google and OpenAI won't even say how many pieces of data went into their models' training – let alone which data they used.

Other "open AI" companies use publicly available datasets like the Pile and CommonCrawl. But you can't replicate their models by shoveling these datasets into an algorithm. Each one has to be groomed – labeled, sorted, de-duplicated, and otherwise filtered. Many "open" models merge these datasets with other, proprietary sets, in varying (and secret) proportions.

Quality filtering and labeling for training data is incredibly expensive and labor-intensive, and involves some of the most exploitative and traumatizing clickwork in the world, as poorly paid workers in the Global South make pennies for reviewing data that includes graphic violence, rape, and gore.

Not only is the product of this "data pipeline" kept a secret by "open" companies, the very nature of the pipeline is likewise cloaked in mystery, in order to obscure the exploitative labor relations it embodies (the joke that "AI" stands for "absent Indians" comes out of the South Asian clickwork industry).

The most common "open" in "open AI" is a model that arrives built and trained, which is "open" in the sense that end-users can "fine-tune" it – usually while running it on the manufacturer's own proprietary cloud hardware, under that company's supervision and surveillance. These tunable models are undocumented blobs, not the rigorously peer-reviewed transparent tools celebrated by the open source movement.

If "open" was a way to transform "free software" from an ethical proposition to an efficient methodology for developing high-quality software; then "open AI" is a way to transform "open source" into a rent-extracting black box.

Some "open AI" has slipped out of the corporate silo. Meta's LLaMa was leaked by early testers, republished on 4chan, and is now in the wild. Some exciting stuff has emerged from this, but despite this work happening outside of Meta's control, it is not without benefits to Meta. As an infamous leaked Google memo explains:

Paradoxically, the one clear winner in all of this is Meta. Because the leaked model was theirs, they have effectively garnered an entire planet's worth of free labor. Since most open source innovation is happening on top of their architecture, there is nothing stopping them from directly incorporating it into their products.

https://www.searchenginejournal.com/leaked-google-memo-admits-defeat-by-open-source-ai/486290/

Thus, "open AI" is best understood as "as free product development" for large, well-capitalized AI companies, conducted by tinkerers who will not be able to escape these giants' proprietary compute silos and opaque training corpuses, and whose work product is guaranteed to be compatible with the giants' own systems.

The instrumental story about the virtues of "open" often invoke auditability: the fact that anyone can look at the source code makes it easier for bugs to be identified. But as open source projects have learned the hard way, the fact that anyone can audit your widely used, high-stakes code doesn't mean that anyone will.

The Heartbleed vulnerability in OpenSSL was a wake-up call for the open source movement – a bug that endangered every secure webserver connection in the world, which had hidden in plain sight for years. The result was an admirable and successful effort to build institutions whose job it is to actually make use of open source transparency to conduct regular, deep, systemic audits.

In other words, "open" is a necessary, but insufficient, precondition for auditing. But when the "open AI" movement touts its "safety" thanks to its "auditability," it fails to describe any steps it is taking to replicate these auditing institutions – how they'll be constituted, funded and directed. The story starts and ends with "transparency" and then makes the unjustifiable leap to "safety," without any intermediate steps about how the one will turn into the other.

It's a Magic Underpants Gnome story, in other words:

Step One: Transparency

Step Two: ??

Step Three: Safety

https://www.youtube.com/watch?v=a5ih_TQWqCA

Meanwhile, OpenAI itself has gone on record as objecting to "burdensome mechanisms like licenses or audits" as an impediment to "innovation" – all the while arguing that these "burdensome mechanisms" should be mandatory for rival offerings that are more advanced than its own. To call this a "transparent ruse" is to do violence to good, hardworking transparent ruses all the world over:

https://openai.com/blog/governance-of-superintelligence

Some "open AI" is much more open than the industry dominating offerings. There's EleutherAI, a donor-supported nonprofit whose model comes with documentation and code, licensed Apache 2.0. There are also some smaller academic offerings: Vicuna (UCSD/CMU/Berkeley); Koala (Berkeley) and Alpaca (Stanford).

These are indeed more open (though Alpaca – which ran on a laptop – had to be withdrawn because it "hallucinated" so profusely). But to the extent that the "open AI" movement invokes (or cares about) these projects, it is in order to brandish them before hostile policymakers and say, "Won't someone please think of the academics?" These are the poster children for proposals like exempting AI from antitrust enforcement, but they're not significant players in the "open AI" industry, nor are they likely to be for so long as the largest companies are running the show:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4493900

I'm kickstarting the audiobook for "The Internet Con: How To Seize the Means of Computation," a Big Tech disassembly manual to disenshittify the web and make a new, good internet to succeed the old, good internet. It's a DRM-free book, which means Audible won't carry it, so this crowdfunder is essential. Back now to get the audio, Verso hardcover and ebook:

http://seizethemeansofcomputation.org

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/2023/08/18/openwashing/#you-keep-using-that-word-i-do-not-think-it-means-what-you-think-it-means

Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg

CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en

[lynlovesspn]

“dean winchester is straight!” dean winchester:

[starbuck]

characters using therapy-speak is ONLY okay when they are using it intentionally and gleefully to gaslight the person they are talking to

[n4rval]

the way his words are so carefully curated, not only for the sake of precision, but so it fits a rhythm that is breathable for a slow speaker.

to say exactly what he means in a short sentence, with recurring pauses and a clear pronounciation. to prefer periods(.) over commas(,).

not to be needlessly verbose – much the opposite; because this vocabulary serves the purpose of clarity, organization and to hold the attention of the listener.

[pommunist]

love the "only winners remember the previous life series" hc.

love the concept of being the last person alive in the world after seeing all your friends die only to then be thrown in another world that is similar but fundamentally very different and you meet your friends again but they’re not really the people you knew and they don’t remember you or anything you went through together but at least you get to be with them once more.

and omg guys it’s just like what happened in the hit manga series Jojo’s Bizarre Adventure Part 6 : Stone Ocean (2003)

[whereserpentswalk]

Instead of saying "I want to kill myself" I now say "I'm going to violate the Hays Code." "I'm going to violate YouTube terms of service." Or "I'm going to violate the comics code." And I hate realizing all three of those mean the same thing. Progress is moving backwards in this society.