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mostlysignssomeportents · 2 years ago

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The enshittification of garage-door openers reveals a vast and deadly rot

I'll be at the Studio City branch of the LA Public Library on Monday, November 13 at 1830hPT to launch my new novel, The Lost Cause. There'll be a reading, a talk, a surprise guest (!!) and a signing, with books on sale. Tell your friends! Come on down!

How could this happen? Owners of Chamberlain MyQ automatic garage door openers just woke up to discover that the company had confiscated valuable features overnight, and that there was nothing they could do about it.

Oh, we know what happened, technically speaking. Chamberlain shut off the API for its garage-door openers, which breaks their integration with home automation systems like Home Assistant. The company even announced that it was doing this, calling the integration an "unauthorized usage" of its products, though the "unauthorized" parties in this case are the people who own Chamberlain products:

https://chamberlaingroup.com/press/a-message-about-our-decision-to-prevent-unauthorized-usage-of-myq

We even know why Chamberlain did this. As Ars Technica's Ron Amadeo points out, shutting off the API is a way for Chamberlain to force its customers to use its ad-beshitted, worst-of-breed app, so that it can make a few pennies by nonconsensually monetizing its customers' eyeballs:

https://arstechnica.com/gadgets/2023/11/chamberlain-blocks-smart-garage-door-opener-from-working-with-smart-homes/

But how did this happen? How did a giant company like Chamberlain come to this enshittening juncture, in which it felt empowered to sabotage the products it had already sold to its customers? How can this be legal? How can it be good for business? How can the people who made this decision even look themselves in the mirror?

To answer these questions, we must first consider the forces that discipline companies, acting against the impulse to enshittify their products and services. There are four constraints on corporate conduct:

I. Competition. The fear of losing your business to a rival can stay even the most sociopathic corporate executive's hand.

II. Regulation. The fear of being fined, criminally sanctioned, or banned from doing business can check the greediest of leaders.

III. Capability. Corporate executives can dream up all kinds of awful ways to shift value from your side of the ledger to their own, but they can only do the things that are technically feasible.

IV. Self-help. The possibility of customers modifying, reconfiguring or altering their products to restore lost functionality or neutralize antifeatures carries an implied threat to vendors. If a printer company's anti-generic-ink measures drives a customer to jailbreak their printers, the original manufacturer's connection to that customer is permanently severed, as the customer creates a durable digital connection to a rival.

When companies act in obnoxious, dishonest, shitty ways, they aren't merely yielding to temptation – they are evading these disciplining forces. Thus, the Great Enshittening we are living through doesn't reflect an increase in the wickedness of corporate leadership. Rather, it represents a moment in which each of these disciplining factors have been gutted by specific policies.

This is good news, actually. We used to put down rat poison and we didn't have a rat problem. Then we stopped putting down rat poison and rats are eating us alive. That's not a nice feeling, but at least we know at least one way of addressing it – we can start putting down poison again. That is, we can start enforcing the rules that we stopped enforcing, in living memory. Having a terrible problem is no fun, but the best kind of terrible problem to have is one that you know a solution to.

As it happens, Chamberlain is a neat microcosm for all the bad policy choices that created the Era of Enshittification. Let's go through them:

Competition: Chamberlain doesn't have to worry about competition, because it is owned by a private equity fund that "rolled up" all of Chamberlain's major competitors into a single, giant firm. Most garage-door opener brands are actually Chamberlain, including "LiftMaster, Chamberlain, Merlin, and Grifco":

https://www.lakewoodgaragedoor.biz/blog/the-history-of-garage-door-openers

This is a pretty typical PE rollup, and it exploits a bug in US competition law called "Antitrust's Twilight Zone":

https://pluralistic.net/2022/12/16/schumpeterian-terrorism/#deliberately-broken

When companies buy each other, they are subject to "merger scrutiny," a set of guidelines that the FTC and DoJ Antitrust Division use to determine whether the outcome is likely to be bad for competition. These rules have been pretty lax since the Reagan administration, but they've currently being revised to make them substantially more strict:

https://www.justice.gov/opa/pr/justice-department-and-ftc-seek-comment-draft-merger-guidelines

One of the blind spots in these merger guidelines is an exemption for mergers valued at less than $101m. Under the Hart-Scott-Rodino Act, these fly under the radar, evading merger scrutiny. That means that canny PE companies can roll up dozens and dozens of standalone businesses, like funeral homes, hospital beds, magic mushrooms, youth addiction treatment centers, mobile home parks, nursing homes, physicians’ practices, local newspapers, or e-commerce sellers:

http://www.economicliberties.us/wp-content/uploads/2022/12/Serial-Acquisitions-Working-Paper-R4-2.pdf

By titrating the purchase prices, PE companies – like Blackstone, owners of Chamberlain and all the other garage-door makers – can acquire a monopoly without ever raising a regulatory red flag.

But antitrust enforcers aren't helpless. Under (the long dormant) Section 7 of the Clayton Act, competition regulators can block mergers that lead to "incipient monopolization." The incipiency standard prevented monopolies from forming from 1914, when the Clayton Act passed, until the Reagan administration. We used to put down rat poison, and we didn't have rats. We stopped, and rats are gnawing our faces off. We still know where the rat poison is – maybe we should start putting it down again.

On to regulation. How is it possible for Chamberlain to sell you a garage-door opener that has an API and works with your chosen home automation system, and then unilaterally confiscate that valuable feature? Shouldn't regulation protect you from this kind of ripoff?

It should, but it doesn't. Instead, we have a bunch of regulations that protect Chamberlain from you. Think of binding arbitration, which allows Chamberlain to force you to click through an "agreement" that takes away your right to sue them or join a class-action suit:

https://pluralistic.net/2022/10/20/benevolent-dictators/#felony-contempt-of-business-model

But regulation could protect you from Chamberlain. Section 5 of the Federal Trade Commission Act allows the FTC to ban any "unfair and deceptive" conduct. This law has been on the books since 1914, but Section 5 has been dormant, forgotten and unused, for decades. The FTC's new dynamo chair, Lina Khan, has revived it, and is use it like a can-opener to free Americans who've been trapped by abusive conduct:

https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge

Khan's used Section 5 powers to challenge privacy invasions, noncompete clauses, and other corporate abuses – the bait-and-switch tactics of Chamberlain are ripe for a Section 5 case. If you buy a gadget because it has five features and then the vendor takes two of them away, they are clearly engaged in "unfair and deceptive" conduct.

On to capability. Since time immemorial, corporate leaders have fetishized "flexibility" in their business arrangements – like the ability to do "dynamic pricing" that changes how much you pay for something based on their guess about how much you are willing to pay. But this impulse to play shell games runs up against the hard limits of physical reality: grocers just can't send an army of rollerskated teenagers around the store to reprice everything as soon as a wealthy or desperate-looking customer comes through the door. They're stuck with crude tactics like doubling the price of a flight that doesn't include a Saturday stay as a way of gouging business travelers on an expense account.

With any shell-game, the quickness of the hand deceives the eye. Corporate crooks armed with computers aren't smarter or more wicked than their analog forebears, but they are faster. Digital tools allow companies to alter the "business logic" of their services from instant to instant, in highly automated ways:

https://pluralistic.net/2023/02/19/twiddler/

The monopoly coalition has successfully argued that this endless "twiddling" should not be constrained by privacy, labor or consumer protection law. Without these constraints, corporate twiddlers can engage in all kinds of ripoffs, like wage theft and algorithmic wage discrimination:

https://pluralistic.net/2023/04/12/algorithmic-wage-discrimination/#fishers-of-men

Twiddling is key to the Darth Vader MBA ("I am altering the deal. Pray I don't alter it further"), in which features are confiscated from moment to moment, without warning or recourse:

https://pluralistic.net/2023/10/26/hit-with-a-brick/#graceful-failure

There's no reason to accept the premise that violating your privacy, labor rights or consumer rights with a computer is so different from analog ripoffs that existing laws don't apply. The unconstrained twiddling of digital ripoff artists is a plague on billions of peoples' lives, and any enforcer who sticks up for our rights will have an army of supporters behind them.

Finally, there's the fear of self-help measures. All the digital flexibility that tech companies use to take value away can be used to take it back, too. The whole modern history of digital computers is the history of "adversarial interoperability," in which the sleazy antifeatures of established companies are banished through reverse-engineering, scraping, bots and other forms of technological guerrilla warfare:

https://www.eff.org/deeplinks/2019/10/adversarial-interoperability

Adversarial interoperability represents a serious threat to established business. If you're a printer company gouging on toner, your customers might defect to a rival that jailbreaks your security measures. That's what happened to Lexmark, who lost a case against the toner-refilling company Static Controls, which went on to buy Lexmark:

https://www.eff.org/deeplinks/2019/06/felony-contempt-business-model-lexmarks-anti-competitive-legacy

Sure, your customers are busy and inattentive and you can degrade the quality of your product a lot before they start looking for ways out. But once they cross that threshold, you can lose them forever. That's what happened to Microsoft: the company made the tactical decision to produce a substandard version of Office for the Mac in a drive to get Mac users to switch to Windows. Instead, Apple made Iwork (Pages, Numbers and Keynote), which could read and write every Office file, and Mac users threw away Office, the only Microsoft product they owned, permanently severing their relationship to the company:

https://www.eff.org/deeplinks/2019/06/adversarial-interoperability-reviving-elegant-weapon-more-civilized-age-slay

Today, companies can operate without worrying about this kind of self-help measure. There' a whole slew of IP rights that Chamberlain can enforce against you if you try to fix your garage-door opener yourself, or look to a competitor to sell you a product that restores the feature they took away:

https://locusmag.com/2020/09/cory-doctorow-ip/

Jailbreaking your Chamberlain gadget in order to make it answer to a rival's app involves bypassing a digital lock. Trafficking in a tool to break a digital lock is a felony under Section 1201 of the Digital Millennium Copyright, carrying a five-year prison sentence and a $500,000 fine.

In other words, it's not just that tech isn't regulated, allowing for endless twiddling against your privacy, consumer rights and labor rights. It's that tech is badly regulated, to permit unlimited twiddling by tech companies to take away your rightsand to prohibit any twiddling by you to take them back. The US government thumbs the scales against you, creating a regime that Jay Freeman aptly dubbed "felony contempt of business model":

https://pluralistic.net/2022/10/23/how-to-fix-cars-by-breaking-felony-contempt-of-business-model/

All kinds of companies have availed themselves of this government-backed superpower. There's DRM – digital locks, covered by DMCA 1201 – in powered wheelchairs:

https://www.eff.org/deeplinks/2022/06/when-drm-comes-your-wheelchair

In dishwashers:

https://pluralistic.net/2021/05/03/cassette-rewinder/#disher-bob

In treadmills:

https://pluralistic.net/2021/06/22/vapescreen/#jane-get-me-off-this-crazy-thing

In tractors:

https://pluralistic.net/2022/05/08/about-those-kill-switched-ukrainian-tractors/

It should come as no surprise to learn that Chamberlain has used DMCA 1201 to block interoperable garage door opener components:

https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1233&context=iplr

That's how we arrived at this juncture, where a company like Chamberlain can break functionality its customers value highly, solely to eke out a minuscule new line of revenue by selling ads on their own app.

Chamberlain bought all its competitors.

Chamberlain operates in a regulatory environment that is extremely tolerant of unfair and deceptive practices. Worse: they can unilaterally take away your right to sue them, which means that if regulators don't bestir themselves to police Chamberlain, you are shit out of luck.

Chamberlain has endless flexibility to unilaterally alter its products' functionality, in fine-grained ways, even after you've purchased them.

Chamberlain can sue you if you try to exercise some of that same flexibility to protect yourself from their bad practices.

Combine all four of those factors, and of course Chamberlain is going to enshittify its products. Every company has had that one weaselly asshole at the product-planning table who suggests a petty grift like breaking every one of the company's customers' property to sell a few ads. But historically, the weasel lost the argument to others, who argued that making every existing customer furious would affect the company's bottom line, costing it sales and/or fines, and prompting customers to permanently sever their relationship with the company by seeking out and installing alternative software. Take away all the constraints on a corporation's worst impulses, and this kind of conduct is inevitable:

https://pluralistic.net/2023/07/28/microincentives-and-enshittification/

This isn't limited to Chamberlain. Without the discipline of competition, regulation, self-help measures or technological limitations, every industry in undergoing wholesale enshittification. It's not a coincidence that Chamberlain's grift involves a push to move users into its app. Because apps can't be reverse-engineered and modified without risking DMCA 1201 prosecution, forcing a user into an app is a tidy and reliable way to take away that user's rights.

Think about ad-blocking. One in four web users has installed an ad-blockers ("the biggest boycott in world history" -Doc Searls). Zero app users have installed app-blockers, because they don't exist, because making one is a felony. An app is just a web-page wrapped in enough IP to make it a crime to defend yourself against corporate predation:

https://pluralistic.net/2023/08/27/an-audacious-plan-to-halt-the-internets-enshittification-and-throw-it-into-reverse/

The temptation to enshitiffy isn't new, but the ability to do so without consequence is a modern phenomenon, the intersection of weak policy enforcement and powerful technology. Your car is autoenshittified, a rolling rent-seeking platform that spies on you and price-gouges you:

https://pluralistic.net/2023/07/24/rent-to-pwn/#kitt-is-a-demon

Cars are in an uncontrolled skid over Enshittification Cliff. Honda, Toyota, VW and GM all sell cars with infotainment systems that harvest your connected phone's text-messages and send them to the corporation for data-mining. What's more, a judge in Washington state just ruled that this is legal:

https://therecord.media/class-action-lawsuit-cars-text-messages-privacy

While there's no excuse for this kind of sleazy conduct, we can reasonably anticipate that if our courts would punish companies for engaging in it, they might be able to resist the temptation. No wonder Mozilla's latest Privacy Not Included research report called cars "the worst product category we have ever reviewed":

https://foundation.mozilla.org/en/privacynotincluded/articles/its-official-cars-are-the-worst-product-category-we-have-ever-reviewed-for-privacy/

I mean, Nissan tries to infer facts about your sex life and sells those inferences to marketing companies:

https://foundation.mozilla.org/en/privacynotincluded/nissan/

But the OG digital companies are the masters of enshittification. Microsoft has been at this game for longer than anyone, and every day brings a fresh way that Microsoft has worsened its products without fear of consequence. The latest? You can't delete your OneDrive account until you provide an acceptable explanation for your disloyalty:

https://www.theverge.com/2023/11/8/23952878/microsoft-onedrive-windows-close-app-notification

It's tempting to think that the cruelty is the point, but it isn't. It's almost never the point. The point is power and money. Unscrupulous businesses have found ways to make money by making their products worse since the industrial revolution. Here's Jules Dupuis, writing about 19th century French railroads:

It is not because of the few thousand francs which would have to be spent to put a roof over the third-class carriages or to upholster the third-class seats that some company or other has open carriages with wooden benches. What the company is trying to do is to prevent the passengers who can pay the second class fare from traveling third class; it hits the poor, not because it wants to hurt them, but to frighten the rich. And it is again for the same reason that the companies, having proved almost cruel to the third-class passengers and mean to the second-class ones, become lavish in dealing with first-class passengers. Having refused the poor what is necessary, they give the rich what is superfluous.

https://www.tumblr.com/mostlysignssomeportents/731357317521719296/having-refused-the-poor-what-is-necessary-they

But as bad as all this is, let me remind you about the good part: we know how to stop companies from enshittifying their products. We know what disciplines their conduct: competition, regulation, capability and self-help measures. Yes, rats are gnawing our eyeballs, but we know which rat-poison to use, and where to put it to control those rats.

Competition, regulation, constraint and self-help measures all backstop one another, and while one or a few can make a difference, they are most powerful when they're all mobilized in concert. Think of the failure of the EU's landmark privacy law, the GDPR. While the GDPR proved very effective against bottom-feeding smaller ad-tech companies, the worse offenders, Meta and Google, have thumbed their noses at it.

This was enabled in part by the companies' flying an Irish flag of convenience, maintaining the pretense that they have to be regulated in a notorious corporate crime-haven:

https://pluralistic.net/2023/05/15/finnegans-snooze/#dirty-old-town

That let them get away with all kinds of shenanigans, like ignoring the GDPR's requirement that you should be able to easily opt out of data-collection without having to go through cumbersome "cookie consent" dialogs or losing access to the service as punishment for declining to be tracked.

As the noose has tightened around these surveillance giants, they're continuing to play games. Meta now says that the only way to opt out of data-collection in the EU is to pay for the service:

https://pluralistic.net/2023/10/30/markets-remaining-irrational/#steins-law

This is facially illegal under the GDPR. Not only are they prohibited from punishing you for opting out of collection, but the whole scheme ignores the nature of private data collection. If Facebook collects the fact that you and I are friends, but I never opted into data-collection, they have violated the GDPR, even if you were coerced into granting consent:

https://www.nakedcapitalism.com/2023/11/the-pay-or-consent-challenge-for-platform-regulators.html

The GDPR has been around since 2016 and Google and Meta are still invading 500 million Europeans' privacy. This latest delaying tactic could add years to their crime-spree before they are brought to justice.

But most of this surveillance is only possible because so much of how you interact with Google and Meta is via an app, and an app is just a web-page that's a felony to make an ad-blocker for. If the EU were to legalize breaking DRM – repealing Article 6 of the 2001 Copyright Directive – then we wouldn't have to wait for the European Commission to finally wrestle these two giant companies to the ground. Instead, EU companies could make alternative clients for all of Google and Meta's services that don't spy on you, without suffering the fate of OG App, which tried this last winter and was shut down by "felony contempt of business model":

https://pluralistic.net/2023/02/05/battery-vampire/#drained

Enshittification is demoralizing. To quote @wilwheaton, every update to the services we use inspires "dread of 'How will this complicate things as I try to maintain privacy and sanity in a world that demands I have this thing to operate?'"

https://wilwheaton.tumblr.com/post/698603648058556416/cory-doctorow-if-you-see-this-and-have-thoughts

But there are huge natural constituencies for the four disciplining forces that keep enshittification at bay.

Remember, Antitrust's Twilight Zone doesn't just allow rollups of garage-door opener companies – it's also poison for funeral homes, hospital beds, magic mushrooms, youth addiction treatment centers, mobile home parks, nursing homes, physicians’ practices, local newspapers, or e-commerce sellers.

The Binding Arbitration scam that stops Chamberlain customers from suing the company also stops Uber drivers from suing over stolen wages, Turbotax customers from suing over fraud, and many other victims of corporate crime from getting a day in court.

The failure to constrain twiddling to protect privacy, labor rights and consumer rights enables a host of abuses, from stalking, doxing and SWATting to wage theft and price gouging:

https://pluralistic.net/2023/11/06/attention-rents/#consumer-welfare-queens

And Felony Contempt of Business Model is used to screw you over every time you refill your printer, run your dishwasher, or get your Iphone's screen replaced.

The actions needed to halt and reverse this enshittification are well understood, and the partisans for taking those actions are too numerous to count. It's taken a long time for all those individuals suffering under corporate abuses to crystallize into a movement, but at long last, it's happening.

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/2023/11/09/lead-me-not-into-temptation/#chamberlain

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

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

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mostlysignssomeportents · 1 year ago

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Async mugwump linkdump

I'm on tour with my new, nationally bestselling novel The Bezzle! Catch me TOMORROW in ANAHEIM at WONDERCON: YA Fantasy, Room 207, 10 a.m.; Signing, 11 a.m.; Teaching Writing, 2 p.m., Room 213CD.

For 20+ years, I've processed all the information that came over my transom by blogging – mulling on why something I saw in the world caught my attention and trying to summarize it for strangers. This turns out to be a very powerful way to do a lot of different kinds of mental work:

https://pluralistic.net/2021/05/09/the-memex-method/

With Pluralistic, the solo blog I founded 4 years ago, I've moved into longer, more synthetic essays that try to connect the things that caught my attention today with all those things I've written about for the past two decades. That's also proven very fruitful:

https://pluralistic.net/2024/02/20/fore/#synthesis

But this move to longer works has a downside: sometimes I'll arrive at the week's end and have a list of things that caught my attention without there being any obvious way to connect them, and when that happens, I devote a Saturday edition to a linkdump. There's been 15 of these so far:

https://pluralistic.net/tag/linkdump/

Welcome, then, to the 16th Pluralistic linkdump, and a warning, this one starts with an obituary.

Ross Anderson was one of the heroes of the cryptographic revolution, a brilliant scientist and communicator, a fantastic activist, and a scorching curmudgeon. Ross died this week. He was 67, and had chronic heart issues as well as long covid:

https://www.lightbluetouchpaper.org/2024/03/29/rip-ross-anderson/

There's so much that's been written about Ross and his legacy already, and there's doubtless more to come, but I've picked out two pieces to point you to. The first is from Danny O'Brien, who was also the guy who talked me down off the ledge the first time Ross flamed me on a public mailing list, leaving me bleeding and furious:

https://news.ycombinator.com/item?id=39868983

As Danny says, Ross was "the model of a politically and socially involved computer scientist," a man whose blazing intellect, fierce moral center and relentless curiosity inspired a generation of technologists to think about politics, and a generation of political activists to think about technology. Few of Ross's eulogizers (thus far) have mentioned how Ross's passion came out as fury, and – as someone who counted Ross as a friend and inspiration – I think this is a serious omission. It's hard to imagine Ross doing all that he did without understanding the anger that – along with his ethics – fueled his passion.

(Compare with @neil-gaiman's classic essay on the anger of Terry Pratchett:)

https://www.theguardian.com/books/2014/sep/24/terry-pratchett-angry-not-jolly-neil-gaiman

The other obit that I want to point you to comes from Bill Buchanan, one of Ross's closest collaborators. Buchanan's memorial for Ross does a superb job of rounding up Ross's technical contributions to the field of security engineering:

https://medium.com/asecuritysite-when-bob-met-alice/ross-anderson-rip-59233c75fadf

Buchanan embeds videos for some of Ross's best speeches, links to his key papers (including the classic "Programming Satan's Computer," on "programming a computer which gives answers that are subtly and maliciously wrong at the most inconvenient moment possible), reminiscences of Great Moments In Ross Anderson, and terrific, lay-friendly breakdowns of some of Ross's key mathematical work.

As an unreasonable, angry person, I take great inspiration from people who channel their unreasonable anger to socially beneficial conduct – like whistleblowers. After Baltimore's Francis Scott Key Bridge was totaled by the 95,000-ton cargo ship MV *Dali(, a vast cohort of instant experts in structural engineering, sea freight and shipbuilding has taken to the internet with a slurry of takes on the Meaning Of the Bridge.

Some of these are very stupid indeed, like the idea that somehow "DEI" caused the collision. But you don't have to be an expert in maritime issues or civil engineering to understand the importance of this report from The Lever about shipping giant Maersk's culture of retaliation against whistleblowers:

https://www.levernews.com/feds-recently-hit-cargo-giant-in-baltimore-disaster-for-silencing-whistleblowers/

Maersk is the company that chartered the MV Dali; Maersk is also a key player in the cartel that controls the world's shipping. Maersk was just sanctioned by the Labor Department for retaliating against a whistleblower who complained of unsafe conditions on the ships that Maersk chartered:

https://www.dol.gov/sites/dolgov/files/OPA/news%20releases/Maersk-Sec%20Findings%20-FINAL%20071423_Redacted.pdf

Maersk's policy required employees to bring concerns to their supervisors before alerting the Coast Guard or others. This is not how that stuff is supposed to work. OSHA called this policy “repugnant” and a “reprehensible and an egregious violation of the rights of employees,” which “chills them from contacting the [Coast Guard] or other authorities without contacting the company first.”

The whistleblower – chief mate on the Safmarine Mafadi – complained of "unrepaired leaks, unpermitted alcohol consumption onboard, inoperable lifeboats, faulty emergency fire suppression equipment, and other issues." We don't know (yet) what happened on the Dali, but it's obvious that a company that retaliates against whistleblowers, rather than heeding their warnings, is prioritizing covering its ass, not operating safely.

Which brings me (inevitably) to Boeing, and to poor John "Swampy" Barnett, the Boeing whistleblower who took his own life earlier this month. Barnett's suicide has stirred up similar low-yield online chatter focused on whether Boeing assassinated Barnett, a question that categorically cannot be answered through the method of arguing with internet strangers.

But there is a lot to say about Barnett: in particular, there's the substance of his whistleblowing, the specifics of his complaints about Boeing. For that, we can turn to the always-fantastic Maureen Tkacik, whose American Prospect piece "Suicide Mission" is definitive:

https://prospect.org/infrastructure/transportation/2024-03-28-suicide-mission-boeing/

Tkacik does a great job of painting a picture of Swampy as a member of the tribe of unreasonable and angry people who refuse to sideline principle in order to get along. More importantly, Tkacik shows us what made Swampy so angry: a company that was hell-bent on lobotimizing itself by forcing out any technical expert who might point out inconvenient truths about the safety risks of high-profit strategies.

As Tkacik writes, Boeing once thought about "knowledge" in terms of expertise that could be brought to bear on the unimaginably complex task of making reliable, airworthy jets. But under the "value-engineering" financialized culture that arose after the McDonnell-Douglas merger, the company viewed knowledge as "intellectual property, trade secrets, and data." In other words, the point of knowledge was rent-extraction, not safety.

At the root of this transformation was the Jack Welch protege Jim "Prince Jim" McNerney, the former 3M CEO who took the helm at Boeing. McNerney was openly contemptuous of the company's senior engineers, branding them "phenomenally talented assholes" and rewarding managers who found ways to force them out of the company. It was McNerney who decided to produce the 787 "Dreamliner" in non-union shops, far from Seattle and its phenomenally talented assholes. Instead of these engineers, McNerney turned to Boeing suppliers to do the major engineering work on the 787 – despite the fact that many of these suppliers "lacked engineering departments."

The 787 was, infamously, a $80b-over-budget boondoggle, haunted by technical failures. Swampy was part of the "cleanup crew" that tried to salvage the 787, and witnessed first-hand how the company purged all the engineers who managed to ship the 787 despite McNerney and his "value engineers" and retaliated against workers who tried to unionize the South Carolina facility.

In particular, it was safety inspector who came in for the most savage punishment. When the FAA decided to let Boeing mark its own homework – hiring in-house safety inspectors to replace government inspectors – they pretended to believe that these Boeing-payrolled inspectors would be able to operate independently of Boeing's leadership. The inspectors tried to operate this way (not least because they were criminally liable for oversights that occurred on their watch) and McNerney's Boeing came down on them like a ton of aviation-grade aluminum.

To further neuter these inspectors, Boeing management ordered the inspectors to outsource their work to the mechanics they were supposed to be supervising – that is, the FAA outsourced safety checks to Boeing inspectors, and the inspectors outsourced those checks to the mechanics themselves. Tkacik: "Swampy believed relying on mechanics to self-inspect their work was not only insane but illegal under the Federal Aviation Administration charter."

Swampy kept careful records of every way in which this system produced unsafe aircraft and an unsafe workplace – including the day he discovered that someone had removed 400+ defective parts from the rejects box and installed them in aircraft in order to meet deadlines. Swampy's reports were key to establishing that the company's much-trumpeted "improvements" in safety reports were down to a culture of "bullying" – not any improvement in safety itself.

When Boeing went to war against Swampy, they barely bothered to pretend that they were playing by the rules. He was told one day that he was four-weeks into a 60-day "corrective action" that no one had told him about. The "corrective action" paperwork had a blank for Swampy's comments. He wrote, "Leadership wants nothing in email so they maintain plausible deniability. It is obvious leadership is just looking for items to criticize me on so I stop identifying issues. I will conform!"

Shortly thereafter, he was forced out altogether. Managers who tried to bring him on their teams were told that no one was allowed to hire John Barnett. His name appeared on a secret internal memo entitled "Quality Managers to Fire." Meanwhile, the value of Boeing shares had tripled.

After Boeing's 737 Maxes started falling out of the sky, Swampy's painstaking documentation of the flaws in the 787's production took on a new urgency. A program of random inspections of 787s found major defects in all of them ("Boeing Looked for Flaws in Its Dreamliner and Couldn’t Stop Finding Them" –WSJ). An Aviation Week diagram of problem spots with the 787 marked red arrows over "every single section, from the tip of the nose to the horizontal stabilizers":

https://aviationweek.com/air-transport/new-boeing-787-fix-details-reveal-extent-gap-check-challenge

Boeing's war on "brilliance" did its work: after everyone who understood how to make a safe aircraft was forced out of the company, financialized CEOs were able to cut corners on safety, triple the share-price, scoop up billions in government subsidies and bailouts, all without those pesky "phenomenally talented assholes" pointing out that they were going get (lots of) people killed.

Tkacik closes by saying that Swampy's former work colleagues refuse to believe he killed himself. A former executive told her "I don’t think one can be cynical enough when it comes to these guys…It’s a top-secret military contractor, remember; there are spies everywhere." I confess that I don't know what to make of that, but I'll say this: if Boeing killed Swampy, that's just one of hundreds of murders they committed. Whether or not Swampy's death was their fault, the deaths of everyone who went down on the 737 Maxes that crashed is on their hands.

That's what "profits before people" means, after all: sacrificing human lives to make yourself richer. It's the foundational tenet of the conservative movement, though that impulse is often checked by other factors, like human decency. It's only when sociopaths get a sustained run at leadership that you see what they really want.

Which brings me to the UK, which has been governed by the Conservative Party for 14 years. The Tories are tipped to get destroyed in the next election, and a long article in the New Yorker by Sam Knight catalogs the many ways in which Tory rule has devastated the UK:

https://www.newyorker.com/magazine/2024/04/01/what-have-fourteen-years-of-conservative-rule-done-to-britain

The thing is, after 14 years, it's impossible for the Tories to blame anyone else for the state of the UK. With strong Parliamentary majorities, Conservatives were able to govern as they pleased – the only compromises they made were between their own internal factions. The ideological commitment to making the rich richer, privatizing everything, subordinating governance to market forces – that's all them.

It's all them: the worst period for wage growth since the Napoleonic Wars, on them. The catastrophic traffic, housing, jobs market, and precarity, on them. Plummeting health, on them. The austerity, on them. The withering of the country's courts and prisons and police, its wilderness, its programs for young people and pensioners, its public health, its diplomatic corps, its road maintenance – on them.

A country where the police can't afford to prosecute burglaries – on them (4% of burglaries are prosecuted). The 2.5 year delay between a rape arrest and its trial? On them. Mass closures of schools that are literally crumbling? On them.

43% of the countries courts have closed. On them. Cuts to prison funding, coupled with longer sentences? On them.

And of course, Brexit – on them. Every part of it. The referendum. The referendum question. The failure to negotiate a deal with the EU. All on them. The collapse in British living standards, all on them. The fact that the 20% richest households in the UK have been untouched by all this? Also on them. But you might not notice it in London, where people earn an average of 400% more than people in Nottingham.

The only growth sector outside of London are the Citizens Advice Bureaux, whose client rosters are growing even as their funding is cut. Where the CAB once primarily catered to people who couldn't make ends meet due to disability, unemployment and other reliable predictors of economic distress, today, CAB advisors are seeing homeowners, people working two jobs. Desperation is "like a black hole, dragging more and more people in,"

More Conservative growth: Tories presided over a doubling in the rate of NHS antidepressant prescriptions, and a 20% rise in long-term health conditions. No wonder Tory Britain had the world's worst pandemic outcomes for a wealthy nation – that's on them, too.

Knight's article closes with a Tory MP who believes that "the key thing for the Conservatives now is to be more conservative…Toryism must have its day again."

We can't count on oligarchs to rescue us from oligarchy – not even when oligarchy's failures push society to the breaking point. There's always a rationalization explaining why we just had to lean harder into oligarchy.

You hear echoes of this in the pro-monopoly choir, whose squeals of outrage at the rise of a new anti-monopoly movement grow louder even as monopolism's failures grow clearer. One of the more tangible expressions of monopoly's failures is the Ticketmaster/Livenation octopus, which controls the entire live music industry – key venues, promotions, and ticketing. Ticketmaster fucks over music fans, but it also cheats famous musicians, the kinds of people with big microphones, so we know a lot about how bad it is:

https://pluralistic.net/2022/11/20/anything-that-cant-go-on-forever-will-eventually-stop/

Of course, the fact that Swifties hate Ticketmaster lets the pro-monopolists dismiss critics as foolish young girls, not Very Serious People Who Understand Economics and thus can see that Ticketmaster's monopoly is Good, Actually.

Last week, Congressman Bill Pascrell dumped a ton of litigation documents related to Ticketmaster's sleaze, and Matt Stoller broke them down:

https://www.thebignewsletter.com/p/explosive-new-documents-unearthed

The docs reveal how Ticketmaster's system of (formerly) secret kickbacks let it choke out any competitor, so that it could charge fans more and pay artists less. The mechanics of the scam are beautifully laid out in Stoller's post – as is the many ways in which it violated both the law and Ticketmaster's numerous consent decrees arising from its previous lawbreaking.

This kind of scam breakdown is essential. It's easy to think that we, as mere normies, can't hope to understand the machinations of the corporations that prey on us. But once you pierce the veil of performative complexity, what's left behind is a set of crude tricks and transparent ruses.

Here's one of those transparent ruses: Discord's terms of service require Discord users to actively opt out of its "binding arbitration" system. Binding arbitration is when you sign a contract saying you can't sue the company no matter how much it harms you – instead, you promise to have your disputes heard by an "arbitrator" (a fake judge paid by the company that screwed you). Unsurprisingly, these fake judges are awfully tolerant of their employers' crimes.

Discord says that once you click through its garbage legalese novella, you have just a few days to opt out of this binding arbitration clause – if you happen to miss that fine print, you have "consented" to giving up your legal rights.

But every time Discord changes its ToS, the clock for opting out starts ticking again, and Discord has just changed (that is, worsened) its ToS again:

https://discord.com/terms

That means that if you send an email right now to [email protected] with "I am confirming that as of the date of this email, I am choosing to opt out of binding arbitration to settle disputes with Discord" in the body, you can escape this consent theater:

https://mamot.fr/@[email protected]/112175832989845038

Consent theater is a particularly galling corporate ruse – the idea that we chose to allow them to abuse us. Consent theater gets more outrageous by the day. Take Soofa, who operate streetside digital kiosks that identify you by grabbing your phone's unique wifi and Bluetooth identifiers:

https://gizmodo.com/digital-kiosks-snatch-your-phones-data-when-you-walk-by-1851368948

Soofa sells this data to advertisers – claiming that by walking down a public street, you "consented" to being tracked and sold.

The only reason this flies is that the US hasn't passed a federal consumer privacy law since 1988's Video Privacy Protection Act, which bans video-store clerks from telling people which VHS cassettes you took home. Congress keeps on failing to pass a privacy law, despite garbage companies like Soofa.

But that hasn't stopped the administrative agencies from acting to defend your privacy! The FTC just dropped its latest Privacy and Data Security Update, a greatest hits list of the actions the Commission took while Congress failed:

https://www.ftc.gov/system/files/ftc_gov/pdf/2024.03.21-PrivacyandDataSecurityUpdate-508.pdf

One of the best things about the current administration is the number of extremely competent regulators who know exactly how much power they have and aren't afraid to use it to help the American people:

https://pluralistic.net/2022/10/18/administrative-competence/#i-know-stuff

The new FTC report, which details how the Commission's existing powers let it go after the commercial surveillance industry from smart doorbells to review fraud, from kids' programming to medical data, from lax security to data-breaches, is a bright spot in an otherwise grim week.

One more bright spot, then, before I wind up this linkdump. All week, I've been humming a half-remembered lyric, "come on baby/you're a link in this chain/put your hands together/and get free of the pain." For the life of me, I couldn't place it.

Last night, I searched for it (using Kagi, the post-Google search engine I've been paying for for the past month, and which I'm loving) and discovered that I had somehow completely forgotten a whole-ass band that I once loved: Toronto's Bourbon Tabernacle Choir, whom I saw live on many occasions.

The mystery lyric came from "Death is the Great Awakener," a fucking banger of a post-gospel track that I've been listening to on nonstop repeat as I wrote this. It's a hell of a tune and I'm intensely grateful to have it back in my life:

https://www.youtube.com/watch?v=Q6RUb63Tx3w

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/2024/03/30/dewey-502/#rip-ross-anderson

Image: Waffleboy https://www.flickr.com/photos/waffleboy/28198395465/

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

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