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Why Political Liberty Depends on Software Freedom More Than Ever

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    Ok, so, it's time for the keynotes
    and we are very honoured to have
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    Eben Moglen here as first keynote speaker
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    He is a professor of Law
    and Legal History at Columbia University.
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    He is probably most known
    for his involvement in the FSF
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    and for creating the Software Freedom Law Centre.
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    He was also heavily involved
    in the creation of the GPL version 3
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    and many other things of course
    and so he will give a talk here today about
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    Why political liberty depends
    on software freedom more than ever.
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    Eben Moglen, thank you.
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    Thank you, good morning
    it's a great pleasure to be here.
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    I wanna thank the organisers
    for the miracle that FOSDEM is
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    You all know that only chaos
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    could create an organisation
    of this quality and power
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    and it's an honour for me
    to play a little bit of a role in it.
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    I know how eager you are
    to deal with technical matters
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    and I'm sorry to start with politics
    first thing in the morning, but it's urgent.
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    You've been watching it all around the world
    the past several weeks haven't you?
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    It's about how politics actually works now
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    for people actually seeking freedom now
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    for people trying to make
    change in their world now.
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    Software is what the 21st century is made of.
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    What steel was to the economy of the 20th century
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    what steel was to the power of the 20th century
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    what steel was to the politics
    of the 20th century, software is now.
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    It's the crucial building block,
    the component out of which everything else is made.
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    And when I speak of everything else
    I mean, of course, freedom.
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    As well as tyranny, as well as business as usual
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    as well as spying on everybody for free all the time.
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    In other words, the very composition of social life
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    the way it works or doesn't work for us
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    the way it works or doesn't work for those who own
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    the way it works or doesn't work for those who oppress
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    all now depends on software.
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    At the other end of this hastening process
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    when we started our little conspiracy
    you and me and everybody else
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    you remember how it works, right?
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    I mean it's a simple idea.
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    Make freedom, put freedom in everything,
    turn freedom on, right?
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    That was how the conspiracy was designed
    that's how the thing is supposed to work
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    We did pretty well with it
    and about halfway through stage 1
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    my dear friend Larry Lessig
    figured out what was going on for us
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    and he wrote his first
    quite astonishing book "Code"
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    in which he said that code was going
    to do the work of law in the 21st century.
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    That was a crucial idea
    out of which much else got born
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    including creative commons
    and a bunch of other useful things.
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    The really important point now is
    that code does the work of law
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    and the work of the state and code does
    the work of revolution against the state.
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    And code does all the work that the state does
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    trying to retain its power in revolutionary situations.
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    But code also organises the people in the street.
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    We're having enormous demonstration
    around the world right now
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    of the power of code in both directions.
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    The newspapers in the United States
    this past month have been full of the buzz
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    around the book called
    "The Net Delusion" by Evgeny Morozov
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    A very interesting book taking a more pessimistic view
    of the political nature of the changes in the net
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    Mr. Morozov who comes from Belarus
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    and therefore has a clear understanding
    of the mechanism of 21st century despotism
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    sees the ways in which the institutions of the net
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    are increasingly being co-opted by the state
    in an effort to limit control or eliminate freedom.
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    And his summary of half decade of
    policy papers on that subject in his book
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    is a warning to the technological optimists,
    at least he says it is
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    about the nature of the net delusion
    that the net brings freedom.
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    I am, I guess, one of the technological optimists
    because I do think the net brings freedom.
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    I don't think Mr. Morozov is wrong, however.
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    The wrong net brings tyranny
    and the right net brings freedom.
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    This is a version of the reason why
    I still have the buttons for distribution
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    that says "Stallman was right".
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    The right net brings freedom
    and the wrong net brings tyranny
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    because it all depends on how the code works.
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    All right, so we all know that.
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    We've spent a lot of time making free software.
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    We've spent a lot of time
    putting free software in everything
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    and we have tried to turn freedom on.
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    We have also joined forces with other elements
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    of the free culture world
    that we helped to bring into existence.
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    I've known Jimmy Wales a long time
    and Julian Assange, and that changes the world.
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    Wikipedia and Wikileaks
    are two sides of the same coin.
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    They are the two sides of the same coin
    the third side of which is FOSDEM.
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    It is the power of ordinary people
    to organise, to change the world
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    without having to create hierarchy
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    and without having to recapitulate
    the structures of power
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    that are being challenged
    by the desire to make freedom.
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    Wikileaks was being treated
    everywhere around the world
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    in a semi-criminal fashion at Christmas time
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    and then events in Tunisia made it
    a little more complicated.
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    As it became clear that what was
    being reported on around the world
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    as though it was primarily a conspiracy
    to injure the dignity of the US State Department
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    or to embarrass the United States military
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    was actually, really, an attempt
    to allow people to learn about their world.
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    To learn about how power really operates
    and therefore to do something about it.
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    And what happened in Tunisia was,
    I thought, an eloquent rebuttal
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    to the idea that the Wikileaks
    and free culture and free software
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    was primarily engaged in destruction,
    nihilism or I shrink from even employing
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    the word in this context, terrorism.
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    It was instead freedom
    which is messy, complicated,
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    potentially damaging in the short term
    but salvational in the long term.
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    The medicine for the human soul.
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    It's hard, I know, because most
    of the time when we're coding
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    it doesn't feel like
    we're doing anything
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    that the human soul is directly
    very much involved in
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    to take with full seriousness
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    the political and spiritual meaning
    of free software at the present hour.
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    But there are a lot of Egyptians
    whose freedom now depends
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    upon their ability
    to communicate with one another
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    through a database owned
    for-profit by a guy in California
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    who obeys orders from governments,
    who send orders to disclose to Facebook.
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    We are watching in real time
    the evolution of the kinds of politics
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    of liberation and freedom
    in the 21st century that code can make
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    and we are watching in real time
    the discovery of the vulnerabilities
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    that arise from the bad engineering
    of the current system.
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    Social networking, that is the ability
    to use free-form methods of communication
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    from many to many, now,
    in an instantaneous fashion
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    changes the balance of power in society.
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    Away from highly organised
    vehicles of state control
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    towards people in their own lives.
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    What has happened in Iran, in Egypt, in Tunisia
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    and what will happen in other
    societies over the next few years
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    demonstrates the enormous political
    and social importance of social networking.
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    But everything we know
    about technology tells us
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    that the current forms
    of social network communication
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    despite their enormous current value for
    politics are also intensely dangerous to use.
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    They are too centralised
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    They are too vulnerable
    to state retaliation and control.
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    And the design of their technology
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    like the design of almost
    all unfree software technology
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    is motivated more by
    business interests seeking profit
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    than by technological interests seeking freedom.
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    As a result of which, we are watching
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    political movements of enormous value
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    capable of transforming
    the lives of hundreds of millions of people
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    resting on a fragile basis
    like for example the courage of Mr. Zuckerberg
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    or the willingness of Google to resist the state
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    where the state is a powerful business partner
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    and a party Google cannot afford to insult.
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    We are living in a world
    in which real-time information
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    crucial to people in the street
    seeking to build their freedom
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    depends on a commercial
    micro-blogging service in northern California
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    which must turn a profit
    in order to justify its existence
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    to the people who design its technology
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    and which we know is capable
    of deciding overnight all by itself
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    to donate the entire history
    of everything, everybody said through it
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    to the library of Congress.
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    Which means, I suppose, that in some other place
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    they could make a different style of donation.
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    We need to fix this. We need to fix it quickly.
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    We are now behind the curve of the movements
    for freedom that depend on code.
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    And every day that we don't fix the problems created
    by the use of insecure, over-centralised
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    overcapitalised social network media
    to do the politics of freedom
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    the real politics of freedom
    in the street, where the tanks are.
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    The more we don't fix this,
    the more we are becoming part of the system
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    which will bring about a tragedy soon.
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    What has happened in Egypt
    is enormously inspiring.
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    But the Egyptian state was late
    to the attempt to control the net
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    and not ready to be
    as remorseless as it could have been.
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    It is not hard when everybody's just in one
    big database controlled by Mr. Zuckerberg
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    to decapitate a revolution by sending an order
    to Mr. Zuckerberg that he cannot afford to refuse.
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    We need to think deeply and rapidly
    and to good technological effect
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    about the consequences of what
    we have built and what we haven't built yet.
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    I pointed a couple of times
    already to the reason why
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    centralised social networking
    and data distribution services
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    should be replaced by federated services.
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    I was talking about that intensively last year
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    before this recent round
    of demonstrations in the street
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    of the importance of the whole thing began.
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    And I want to come back
    to the projects I have been advocating.
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    But let me just say here,
    again, from this other perspective
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    that the overcentralisation of network services
    is a crucial political vulnerability.
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    Friends of ours, people seeking freedom
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    are going to get arrested, beaten, tortured
    and eventually killed somewhere on earth.
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    Because they're depending for their political
    survival in their movements for freedom
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    on technology we know, is built to sell them out.
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    If we care about freedom as much as we do
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    and if we are as bright
    with technology as we are
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    we have to address that problem.
    We are actually running out of time.
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    Because people whose movements we care deeply about
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    are already out there in harm's way
    using stuff that can hurt them.
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    I don't want anybody taking life or death risks
    to make freedom somewhere carrying an iPhone.
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    Because I know what that iPhone can be doing to him
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    without our having any way to control it,
    stop it, help it or even know what's going on.
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    We need to think infrastructurally
    about what we mean to freedom now.
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    And we need to learn the lessons
    of what we see happening around us in real time.
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    One thing that the Egyptian situation showed us
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    as we probably knew after the Iranian situation
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    when we watched the forces of the Iranian state
    buy the telecommunications carriers
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    as we learnt when the Egyptians
    begin to lean on Vodafone last week.
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    We learn again why
    closed networks are so harmful to us.
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    Why the ability to build a kill switch on the infrastructure
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    by pressuring the for-profit communications carriers
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    who must have a way of life
    with government in order to survive
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    can harm our people seeking freedom
    using technology we understand well.
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    Now, what can we do to help freedom
    under circumstances where the state
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    has decided to try
    to clamp the network infrastructure?
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    Well, we can go back to mesh networking.
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    We've got to go back to mesh networking.
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    We've got to understand how we can provide people
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    using the ordinary devices already available
    to them or cheaply available to them
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    to build networking
    that resists centralised control.
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    Mesh networking in densely populated urban environments
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    is capable of sustaining the kind of social action
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    we saw in Cairo and in Alexandria this week.
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    Even without the centralised network services providers
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    if people have wireless routers that mesh up
    in their apartments, in their work places
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    in the places of public resort around them
    they can continue to communicate
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    despite attempts in central terms to shut them down.
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    We need to go back to ensuring people
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    secure end-to-end communications
    over those local meshes.
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    We need to provide survivable conditions
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    for the kinds of communications
    that people now depend upon
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    outside the context of
    centralised networking environments
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    that can be used to surveil,
    control, arrest or shut them down.
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    Can we do this? Sure. Are we gonna do this?
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    If we don't, the great social promise
    of the free software movement
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    that free software can lead
    to free society will begin to be broken.
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    Force will intervene somewhere soon
    and a demonstration will be offered to humanity
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    that even with all that networking technology
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    and all those young people seeking
    to build new lives for themselves
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    the state still wins.
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    This must not happen.
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    If you look at that map of the globe at night
    the one where all the lights on
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    and imagine next time you look at it
    that you're looking instead at a network graph
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    instead of an electrical infrastructure graph
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    you'll feel like a kind of pulsing
    coming out of the North American continent
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    where all the world's data mining is being done.
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    Think of it that way, right?
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    North America is becoming the heart
    of the global data mining industry
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    Its job is becoming knowing everything
    about everybody, everywhere.
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    When Dwight Eisenhower
    was leaving the presidency in 1960
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    he made a famous farewell speech to the American people
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    in which he warned them against
    the power of the military industrial complex
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    a phrase that became so common place in discussion
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    that people stopped thinking seriously about what it meant.
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    The general who had run the largest
    military activity of the 20th century
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    the invasion of Europe.
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    The general who had become the president
    of America at the height of the cold war
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    was warning Americans about
    the permanent changes to their society
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    that would result from the interaction
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    of industrial capitalism with American military might.
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    And since the time of that speech, as you all know,
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    the United States has spent on defence
    more than the rest of the world combined.
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    Now, in the 21st century, which we can define
    as after the latter part of September 2001
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    the United States began to build a new thing.
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    A surveillance industrial military complex.
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    The Washington Post produced the most important piece
    of public journalism in the United States last year
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    a series available to you online called 'Top Secret America'
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    in which the Washington Post not only wrote
    eight very useful, lengthy, analytic stories
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    about the classified sector
    of American industrial life
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    built around surveillance and data processing.
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    The Post produced an enormous database
    which is publicly available to everyone
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    through the newspaper
    of all the classified contractors
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    available to them in public record
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    what they do for the government, what they're paid
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    and what can be known about them.
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    A database which can be used
    to create all sorts of journalism
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    beyond what the Post published itself.
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    I would encourage everybody
    to take a look at 'Top Secret America'.
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    What it will show you is how many goggles there are
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    under the direct control of the United States government
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    as well as how many goggles there are
    under the control of Google.
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    In other words the vast outspreading web
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    which joins the traditional
    post second world war US listening
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    to everything everywhere
    on earth outside the United States
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    to the newly available listening
    to things inside the United States
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    that used to be against the law
    in my country as I knew its law
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    to all the data now available
    in all the commercial collection systems
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    which includes everything
    you type into search boxes about
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    what you believe, wish, hope, fear or doubt
    as well as every travel reservation you make
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    and every piece of tracking data
    coming off your friendly smartphone.
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    When governments talk about
    the future of the net these days
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    I have on decent authority from
    government officials in several countries.
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    When governments talk about
    the future of the net these days
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    they talk almost entirely in terms of cyberwar.
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    A field in which I've never had much interest
    and which has a jargon all its own
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    but some current lessons
    from inter-governmental discussions
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    about cyberwar are probably valuable to us here.
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    The three most powerful collections of states on earth
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    the United States of America, the European Union
    and the People's Republic of China
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    discuss cyberwar at a fairly high
    inter-governmental level fairly regularly.
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    Some of the people around
    that table have disagreements of policy
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    but there is a broad area of consensus.
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    In the world of cyberwar
    they talk about exfiltration.
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    We would call that spying, they mean exfiltrating
    our data off our networks into their pockets.
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    Exfiltration, I am told by government
    officials here and there and everywhere
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    exfiltration is broadly considered by all
    the governments to be a free fire zone.
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    Everybody may listen to everything everywhere all the time
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    we don't believe in any governmental limits
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    and the reason is every government wants to listen
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    and no government believes listening can be prevented.
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    On that latter point, I think they're too pessimistic
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    but let's grant them that
    they've spent a lot of money trying
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    and they think they know.
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    Where the disagreements currently exist
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    I am told by the government officials I talked to
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    concerns not exfiltration,
    but what they call network disruption.
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    By which they mean destroying freedom.
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    The basic attitude here
    is of a two parties in balanced speech.
  • 27:07 - 27:12
    One side in that conversation
    says what we want is clear rules.
  • 27:12 - 27:14
    We want to know what we are allowed to attack,
  • 27:14 - 27:20
    what we have to defend and what we do with
    the things that are neither friendly nor enemy.
  • 27:20 - 27:26
    The other side in that conversation
    says we recognise no distinctions.
  • 27:26 - 27:28
    Anywhere on the net where there is a threat
  • 27:28 - 27:32
    to our national security
    or our national interests,
  • 27:32 - 27:35
    we claim the right to disrupt or destroy that threat
  • 27:35 - 27:39
    regardless of its geographical location.
  • 27:39 - 27:42
    I need not to characterise
    for you which among the governments
  • 27:42 - 27:45
    the United States of America, the European Union
  • 27:45 - 27:49
    or the People's Republic of China take those different positions.
  • 27:49 - 27:53
    And I should say that my guess
    is that within all those governments
  • 27:53 - 27:55
    there are differences of opinion on those points
  • 27:55 - 27:59
    dominant factions and less dominant factions
  • 27:59 - 28:02
    but all parties are increasingly aware
  • 28:02 - 28:06
    that in North America is where the data mining is.
  • 28:07 - 28:11
    And that's either a benefit, a dubiousness or a problem
  • 28:12 - 28:16
    depending upon which state
    or collection of states you represent.
  • 28:17 - 28:21
    European data protection law has done this much.
  • 28:22 - 28:29
    It has put your personal data almost exclusively
    in North America where it is uncontrolled.
  • 28:29 - 28:33
    To that extent, European legislation succeded.
  • 28:36 - 28:40
    The data mining industries
    are concentrated outside the European Union
  • 28:40 - 28:43
    largely for reasons of legal policy.
  • 28:44 - 28:49
    They operate as any enterprise
    tends to operate in the part of the world
  • 28:49 - 28:53
    where there is least control over their behaviour.
  • 28:53 - 28:58
    There is no prospect that
    the North American governments
  • 28:58 - 29:00
    particularly the government of the United States
  • 29:01 - 29:06
    whose national security policy now depends
    on listening and data mining everything
  • 29:06 - 29:09
    are going to change that for you.
  • 29:09 - 29:14
    No possibility. No time soon.
  • 29:18 - 29:22
    When he was a candidate for president, at the beginning
  • 29:22 - 29:26
    in the Democratic primaries, Barack Obama was in favour
  • 29:26 - 29:31
    of not immunising American telecommunications giants
  • 29:31 - 29:36
    for participation in spying domestically
    inside the United States
  • 29:36 - 29:39
    without direct public legal authorisation.
  • 29:39 - 29:42
    By the time he was a candidate in the general election
  • 29:42 - 29:46
    he was no longer in favour of preventing immunisation
  • 29:46 - 29:50
    Indeed he, as a Senator from Illinois
  • 29:50 - 29:57
    did not fillibuster the legislation
    immunising the telecomms giants and it went through.
  • 29:57 - 30:00
    As you are aware the Obama administration's policies
  • 30:00 - 30:05
    with respect to data mining,
    surveillance and domestic security in the net
  • 30:05 - 30:09
    are hardly different from the predecessor administrations'
  • 30:09 - 30:15
    except where they are more
    aggressive about government control.
  • 30:17 - 30:23
    We can't depend upon the pro-freedom bias
  • 30:23 - 30:30
    in the listening to everybody, everywhere
    about everything now going on.
  • 30:31 - 30:36
    Profit motive will not produce privacy
  • 30:36 - 30:42
    let alone will it produce robust defence
    for freedom in the street.
  • 30:44 - 30:50
    If we are going to build systems
    of communication for future politics
  • 30:50 - 30:54
    we're going to have to build them under the assumption
  • 30:54 - 30:59
    that the network is not only untrusted, but untrustworthy.
  • 31:00 - 31:08
    And we're going to have to build under
    the assumption that centralised services can kill you.
  • 31:08 - 31:12
    We can't fool around about this.
  • 31:12 - 31:20
    We can't let Facebook dance up and down
    about their privacy policy. That's ludicrous.
  • 31:20 - 31:25
    We have to replace the things that create vulnerability
  • 31:25 - 31:30
    and lure our colleagues around the world into using them
  • 31:30 - 31:33
    to make freedom only to discover
  • 31:33 - 31:38
    that the promise is easily broken by a kill switch.
  • 31:40 - 31:46
    Fortunately we actually do know how
    to engineer ourselves out of this situation.
  • 31:47 - 31:56
    Cheap, small, low power plug servers
    are the form factor we need.
  • 31:56 - 31:58
    And they exist everywhere now
  • 31:58 - 32:03
    and they will get very cheap very quick very soon.
  • 32:04 - 32:08
    A small device the size of a cell phone charger
  • 32:08 - 32:13
    running a low power chip with a wireless NIC or two
  • 32:13 - 32:17
    and some other available ports
  • 32:17 - 32:22
    and some very sweet free software of our own
  • 32:22 - 32:28
    is a practical device for creating
    significant personal privacy
  • 32:28 - 32:31
    and freedom based communications.
  • 32:31 - 32:35
    Think what it needs to have in it.
  • 32:36 - 32:42
    Mesh networking, we are not quite there, but we should be.
  • 32:42 - 32:47
    OpenBTS, asterisk, yeah,
    we could make telephone systems
  • 32:47 - 32:52
    that are self-constructing
    out of parts that cost next to nothing.
  • 32:55 - 32:59
    Federated, rather than centralised, micro-blogging
  • 33:00 - 33:04
    social networking, photo exchange,
  • 33:05 - 33:11
    anonymous publication platforms
    based around cloudy web servers.
  • 33:12 - 33:15
    We can do all of that.
  • 33:15 - 33:21
    Your data at home in your house
    where they have to come and get it
  • 33:22 - 33:25
    facing whatever the legal restrictions are,
  • 33:25 - 33:28
    if any, in your society about
  • 33:28 - 33:31
    what goes on inside the precincts of the home.
  • 33:32 - 33:36
    Encrypted email, just all the time
  • 33:36 - 33:41
    perimeter defence for all those wonky Windows computers
  • 33:41 - 33:47
    and other bad devices that roll over any time
    they're pushed at by a twelve year old
  • 33:50 - 33:54
    Proxy services for climbing over national firewalls.
  • 33:55 - 33:59
    Smart tunnelling to get around anti-neutrality activity
  • 33:59 - 34:04
    by upstream ISPs and other network providers.
  • 34:04 - 34:13
    All of that can be easily done on top of stuff
    we already make and use all the time.
  • 34:13 - 34:20
    We have general purpose distributions of stacks
    more than robust enough for all of this
  • 34:20 - 34:25
    and a little bit of application layer
    work to do on the top.
  • 34:27 - 34:34
    Yesterday in the United States
    we formed the Freedom Box Foundation
  • 34:34 - 34:41
    which I plan to use as the temporary
    or long term as the case may be
  • 34:41 - 34:46
    organisational headquarters
    for work making free software
  • 34:46 - 34:50
    to run on small format server boxes
  • 34:50 - 34:56
    free hardware wherever possible
    unfree hardware where we must
  • 34:56 - 35:01
    in order to make available
    around the world at low prices
  • 35:02 - 35:06
    appliances human beings
    will like interacting with
  • 35:06 - 35:12
    that produce privacy
    and help to secure robust freedom.
  • 35:23 - 35:31
    We can make such objects cheaper
    than the chargers for smart phones.
  • 35:31 - 35:38
    We can give people something
    that they can buy at very low cost
  • 35:38 - 35:43
    that will go in their houses
    that will run free software
  • 35:43 - 35:49
    to provide them services that make
    life better on the ordinary days
  • 35:49 - 35:54
    and really come into their own
    on those not so ordinary days
  • 35:54 - 35:58
    when we are out in the street
    making freedom thank you for calling.
  • 36:03 - 36:09
    A Belarussian theatre troupe
    that got arrested and heavily beaten on
  • 36:09 - 36:14
    after the so called elections in Minsk this winter
  • 36:14 - 36:20
    exfiltrated itself to New York city in January
  • 36:20 - 36:25
    did some performances of
    Tom Stoppard and gave some interviews
  • 36:25 - 36:29
    I'm sorry of Harold Pinter and gave some interviews
  • 36:29 - 36:36
    One of the Belarussian actors
    who was part of that troupe
  • 36:36 - 36:38
    said in an interview to New York Times
  • 36:38 - 36:44
    the Belarussian KGB is the most
    honest organisation on earth.
  • 36:45 - 36:52
    After the Soviet Union fell apart
    they saw no need to change anything they did
  • 36:52 - 36:57
    so they saw no need to change their name either.
  • 36:58 - 37:03
    And I thought that was a really quite useful comment.
  • 37:04 - 37:09
    We need to keep in mind that they are
    exactly the same people they always were
  • 37:09 - 37:15
    whether they're in Cairo or Moscow
    or Belarus or Los Angeles or Jakarta
  • 37:15 - 37:16
    or anywhere else on earth.
  • 37:16 - 37:20
    They're exactly the same people they always were.
  • 37:20 - 37:24
    So are we exactly the same people we always were too.
  • 37:24 - 37:28
    We set out a generation ago to make
    freedom and we're still doing it.
  • 37:29 - 37:32
    But we have to pick up the pace now.
  • 37:32 - 37:35
    We have to get more urgent now.
  • 37:35 - 37:41
    We have to aim our engineering
    more directly at politics now.
  • 37:42 - 37:48
    Because we have friends in the street
    trying to create human freedom.
  • 37:48 - 37:52
    And if we don't help them they'll get hurt.
  • 37:53 - 38:02
    We rise to challenges, this is one.
    We've got to do it. Thank you very much.
  • 38:29 - 38:35
    Thank you very much and I think
    there is enough time for a few questions
  • 38:35 - 38:38
    so please raise your hand if you want to
  • 39:02 - 39:07
    The question was what does complete
    decentralisation mean for identity
  • 39:07 - 39:13
    because the state, you may believe who you are
    but the state gives you a passport
  • 39:13 - 39:17
    or some other legal document
    that allows you to identify yourself.
  • 39:17 - 39:22
    So in complete decentralisation
    how do you identify yourself on that network?
  • 39:23 - 39:27
    I doubt that complete decentralisation
    is the outcome of anything
  • 39:27 - 39:32
    but let me tell you a story which
    may help to explain how I feel about this.
  • 39:32 - 39:39
    We need to go back now by 16 years
    to a time when there was a program called PGP
  • 39:39 - 39:43
    and there was a government in the United States
    that was trying to eradicate it.
  • 39:43 - 39:49
    I know this will seem like ancient history
    to many people, but it's my life so it doesn't to me.
  • 39:50 - 39:56
    We were having a debate at Harvard
    Law School in January of 1995
  • 39:56 - 40:02
    two on two about PGP and the criminal
    investigation and the future of secrecy.
  • 40:03 - 40:07
    The debators on my side
    were me and Danny Whitesner
  • 40:07 - 40:10
    then at the Electronic Privacy Information Center
  • 40:10 - 40:15
    later at the W3C and now
    in the United States Department of Commerce.
  • 40:15 - 40:19
    And on the other side was the then
    Deputy Attorney General of the United States
  • 40:19 - 40:24
    and a former General Counsel
    of the National Security Agency.
  • 40:24 - 40:28
    We debated PGP and then encryption
    and the clipper chip and various other,
  • 40:28 - 40:31
    now long dead, subjects for a couple of hours
  • 40:31 - 40:34
    and then we were all on an offered
    little dinner at the Harvard faculty club.
  • 40:35 - 40:37
    On the way across the Harvard campus
  • 40:37 - 40:40
    the Deputy Attorney General
    of the United States said to me
  • 40:40 - 40:43
    Eben, on the basis of your
    public statements this afternoon
  • 40:43 - 40:48
    I have enough to order the interception
    of your telephone conversations.
  • 40:49 - 40:52
    She thought that was a joke.
  • 40:53 - 40:57
    And back in 1995 you could sort of
    get away with thinking it was a joke
  • 40:57 - 41:02
    as the Deputy Attorney General of the United States
    because it was so clearly against the law.
  • 41:02 - 41:06
    So I smiled and we went off, we had our dinner
  • 41:06 - 41:11
    and after the plates were cleared and the walnuts
    and the port had been strewn about
  • 41:11 - 41:15
    this former General Counsel
    to the National Security Agency
  • 41:15 - 41:19
    I'm concealing names to protect
    the not so innocent here
  • 41:19 - 41:23
    this former NSA lawyer,
    he looked around the table calmly
  • 41:23 - 41:26
    and with that sort of plummy
    through the port kind of look
  • 41:26 - 41:31
    and he said ok we'll let our head down
    we agree we're not gonna prosecute your client
  • 41:31 - 41:35
    PGP will happen. We've fought
    a long delaying action
  • 41:35 - 41:40
    against public key encryption
    but it's coming to an end now.
  • 41:40 - 41:46
    And then he looked around the table and he said
    but nobody here cares about anonymity, do they?
  • 41:46 - 41:48
    And a cold chill went up my spine
  • 41:48 - 41:52
    because I knew what
    the next 15 years were gonna be about.
  • 41:52 - 41:56
    So I would like to turn around
    the thing you said to say
  • 41:56 - 42:01
    what we're really talking about is whether
    there's gonna be any preservation of anonymity at all.
  • 42:01 - 42:06
    Where power on the other side
    made its peace in the mid 1990s
  • 42:06 - 42:09
    was with the idea that
    there would be strong encryption
  • 42:09 - 42:11
    and e-commerce but there would be no anomymity.
  • 42:11 - 42:15
    And in the course of the last decade
    they picked up a strong alliance
  • 42:15 - 42:17
    with the global entertainment industries
  • 42:18 - 42:20
    the things that now call
    themselves content companies
  • 42:20 - 42:22
    which are also adverse to anonymity, right?
  • 42:22 - 42:26
    cause they wanna know what you read
    and listen to and watch every single time
  • 42:26 - 42:29
    so that you can increase
    their shareholders' wealth for them.
  • 42:30 - 42:33
    The real problem of identity
    isn't the problem of
  • 42:33 - 42:37
    are we gonna be decentralised
    past the point when we have identity
  • 42:37 - 42:40
    we are not going to do that.
    We are not going to be able to do that.
  • 42:40 - 42:44
    The real problem of identity is
    are we gonna have any of our own?
  • 42:44 - 42:49
    or are we gonna be the data cloud
    that everybody else is keeping about us
  • 42:49 - 42:55
    which contains where we are, what we do, what we think
    what we read, what we eat and everything else too
  • 42:55 - 42:58
    as long as you send a subpoena
  • 42:58 - 43:02
    to Mr. Zuckerberg who has the one big database
    in which you live your entire life.
  • 43:02 - 43:08
    I understand the idea that
    we might be thought of or satirically
  • 43:08 - 43:11
    or even pointedly claim to be
  • 43:11 - 43:16
    trying too radically decentralise
    to the point in which identity gets lost.
  • 43:16 - 43:20
    But if you find yourself
    in an argument where people telling you
  • 43:20 - 43:24
    you are trying to anarchise so far that
    there won't be any name in the passport anymore
  • 43:24 - 43:28
    you can reassure them that meat-space
    will stay pretty much the way it is right now.
  • 43:28 - 43:33
    We just want fewer people
    ripping fingernails off in meat-space.
  • 43:33 - 43:39
    Which is why we are busy building
    Freedom Boxes and helping people use them.
  • 43:39 - 43:44
    Thank you very much, the passport will
    remain pretty much the way it is right now
  • 43:44 - 43:49
    with the RFID chip in it and the fingerprints
    and the retinal scan and everything.
  • 43:50 - 43:52
    I'm not worried that we are
    going to go too far friends.
  • 43:52 - 43:56
    It's the other folks who went
    way too far and our job's to get back home.
  • 44:06 - 44:09
    Hello Eben, I'm here.
  • 44:13 - 44:15
    Jérémie from La Quadrature du Net
  • 44:15 - 44:20
    First of all I want to thank you
    and I will never thank you enough
  • 44:20 - 44:23
    for how inspiring you are for everyone of us
  • 44:29 - 44:35
    By thanking you for inspiring us
    under an engineering perspective
  • 44:35 - 44:40
    as I am both an engineering geek
    and a political activist by what I do.
  • 44:40 - 44:46
    I wanted to stress that the ACTA,
    the Anti-Counterfeiting Trade Agreement
  • 44:47 - 44:53
    that deeply concern strengthening
    of DRMs and the legal protection
  • 44:53 - 44:57
    and also turns every internet service provider
  • 44:57 - 45:01
    every internet intermediate
    into private copyright police
  • 45:01 - 45:07
    with deep consequence on our freedom of speech,
    our privacy, on right to a fair trial and so on.
  • 45:07 - 45:12
    The ACTA will be coming to the
    European Parliament around next summer
  • 45:12 - 45:18
    maybe before maybe after and it will be
    our ultimate chance to defeat the thing.
  • 45:18 - 45:22
    We won in the European Parliament before.
  • 45:22 - 45:28
    This is a battle we can win
    and everybody here can participate into it
  • 45:28 - 45:29
    and I wanted to ask you Eben
  • 45:30 - 45:35
    Are those legislative fights worth fighting?
    Do we still have a chance?
  • 45:36 - 45:38
    and especially on the front of the net neutrality,
  • 45:38 - 45:43
    What are your insights? What do you think?
    Can we still win today?
  • 45:43 - 45:49
    No European citizen should need any
    introduction to Jérémie Zimmermann, right?
  • 45:50 - 45:54
    That's the future of the
    European Union speaking to you.
  • 45:54 - 45:59
    Your question: Should we bother
    fighting in legislature
  • 45:59 - 46:03
    seems to me fair, oh yeah we should.
    It's unpleasant work.
  • 46:03 - 46:08
    I worry about you.
    I don't want your heart to burst.
  • 46:09 - 46:14
    I don't want people killing
    themselves over the strain of it.
  • 46:14 - 46:18
    It's ugly, boring, tedious work
  • 46:18 - 46:27
    and the other side pays people to sit you out
    to wait until you go home, to decide you give up.
  • 46:27 - 46:33
    Think of Egypt as a place where that
    was done for thirty years along with torture.
  • 46:33 - 46:35
    Everything stops moving.
  • 46:36 - 46:39
    If you read Claude Manceron
    on the French revolution
  • 46:39 - 46:42
    or the coming of the French revolution
  • 46:42 - 46:45
    as he moves his thousands
    of men and women of freedom
  • 46:45 - 46:49
    towards the climactic events of the late 1780s
  • 46:49 - 46:54
    you see how deeply the feeling in France
    at the end of the Ancien Régime
  • 46:54 - 46:58
    was of status beginning
    to break up into movement.
  • 46:59 - 47:03
    The work you're talking about
    is work that is largely defensive
  • 47:03 - 47:07
    to prevent harm from being done.
  • 47:07 - 47:12
    And as you say you are lucky when you win
    after an enormous effort that nothing happens.
  • 47:12 - 47:18
    But the good news is in legislative politics
    that there is a thousand ways to stop a thing
  • 47:18 - 47:20
    and only one way for it to get done.
  • 47:20 - 47:26
    And therefore the side that wants
    to stop things has an inherent advantage.
  • 47:26 - 47:32
    Most of the time that's deeply
    funded capital but sometimes it's us.
  • 47:32 - 47:39
    About ACTA, I think there is no question.
    It's a fight worth fighting everywhere all the time.
  • 47:39 - 47:46
    Because as you say it's really the concordat,
    the treaty between the state and private power
  • 47:46 - 47:50
    for the control of the net
    under 21st century conditions
  • 47:50 - 47:55
    in the mingled interests of
    the listeners and the owners.
  • 47:55 - 48:04
    If we do beat it, water it down, force
    withdrawal of particularly offensive premises
  • 48:04 - 48:08
    or significantly expose it
    to disinfecting daylight
  • 48:08 - 48:10
    we will help ourselves.
  • 48:10 - 48:14
    We are not going to achieve everything by any means.
  • 48:14 - 48:22
    We need to turn the international trade conversation
    in the direction of direct support for freedom.
  • 48:22 - 48:27
    My line with the trade negotiators
    around the world has become:
  • 48:27 - 48:29
    Governments have a right to share
  • 48:29 - 48:39
    the sharing economy has as much right to support
    in the international trade system as the owning economy.
  • 48:39 - 48:42
    My colleague Mishi Choudhary
    who directs SFLC India
  • 48:42 - 48:47
    was in Beijing making a speech
    on that point earlier this year.
  • 48:47 - 48:52
    We will be re-iterating that point
    in various places around the world
  • 48:52 - 48:56
    where strong states with which
    we have other difficulties
  • 48:56 - 49:00
    meet with us in recognising
    that the world trade system
  • 49:00 - 49:06
    is now overwhelmingly tilted
    in favour of ownership based production
  • 49:06 - 49:10
    which is only one part
    of the world's economic production.
  • 49:10 - 49:17
    We need to press hard against ACTA
    and other pro-ownership trade law
  • 49:17 - 49:22
    but we also need to begin to roll out
    an affirmative strategy of our own
  • 49:22 - 49:29
    demanding protection for sharing based
    economic activities in the global trade system.
  • 49:29 - 49:33
    That effort will take 20 years
    to begin to show fruit
  • 49:33 - 49:36
    but we need to begin that too now.
  • 49:37 - 49:40
    On network neutrality I will say this
  • 49:40 - 49:50
    We are going to have to establish counterforce
    to the various oligopolists of telecommunications.
  • 49:50 - 49:56
    The regulators believe a lot of things
    they have been told by industry.
  • 49:56 - 50:04
    I was at ARCEP myself in September
    to discuss wireless network neutrality in Paris
  • 50:04 - 50:10
    with regulators who are well educated,
    shrewd, thoughtful and capable
  • 50:10 - 50:13
    but who believe something which isn't true.
  • 50:13 - 50:20
    Namely that it costs enormous monetary
    investments to build wireless networks.
  • 50:21 - 50:28
    And I said to the ARCEP regulators
    Do you know about OpenBTS?
  • 50:28 - 50:32
    Do you know that I can take
    a coat hanger and a laptop
  • 50:32 - 50:38
    and make a GSM cell phone base station
    out of it using some free software?
  • 50:38 - 50:40
    Do you know about Asterisk?
  • 50:40 - 50:47
    I suggested that maybe they would like
    to give us a small French city, say, Grenoble.
  • 50:47 - 50:53
    where using the extraodinary
    high quality wired harness
  • 50:54 - 50:56
    that they built around the hexagon that is France
  • 50:57 - 51:00
    we will create cell phone companies out of nowhere
  • 51:01 - 51:06
    using cheap commodity hardware and existing handsets
    and provide service to everybody.
  • 51:07 - 51:12
    And then I say it will be possible
    to have a realistic fact-based discussion
  • 51:12 - 51:17
    about whether the enormous investment
    necessities of wireless network build out
  • 51:17 - 51:23
    require non-neutrality in network routing practices.
  • 51:23 - 51:27
    Well, the regulator of course nods and smiles
    and thanks me very much for all that information
  • 51:27 - 51:29
    and forgets it the minute I leave.
  • 51:29 - 51:35
    Because he still believes what Orange,
    that used to be France Télécom, tells him
  • 51:36 - 51:42
    about how you can't make wireless networks
    without immense monetary investments.
  • 51:42 - 51:45
    We will begin to gain on network neutrality
  • 51:45 - 51:51
    when we have a box in everybody's apartment
    that can offer free telephone service over tunnelling
  • 51:51 - 51:58
    around non-neutrality and talk to GSM handsets.
    Oh, that would be the Freedom Box.
  • 51:58 - 52:03
    See, that's what I wanna do.
    I wanna build a ring of engineering
  • 52:03 - 52:07
    around the idea of
    non-neutral network management.
  • 52:07 - 52:11
    I wanna have a box in your house
    that senses the upstream and says
  • 52:11 - 52:14
    oh my God he's stopping port 655
  • 52:14 - 52:17
    I think I'll route that
    from my friend's apartment.
  • 52:18 - 52:24
    Then I think we will get some interesting
    network neutrality conversation going.
  • 52:29 - 52:34
    When you call for decentralisation
  • 52:34 - 52:38
    aren't you really going against
    the trend of history as we've seen it?
  • 52:38 - 52:42
    For example we used to have
    Usenet which was decentralised
  • 52:42 - 52:46
    that's moved much more to web based forums.
  • 52:47 - 52:54
    Or likewise we in geekdom may love IRC.
    We may go to Freenode
  • 52:54 - 52:59
    but the general public all know about
    Twitter which is moving into that space.
  • 52:59 - 53:03
    And I think there are many reasons
    why this could be happening
  • 53:03 - 53:09
    but I think the primary reason is perhaps mindshare.
    The journalists who report this to the general public
  • 53:09 - 53:13
    outside geekdom know about websites,
    they know about Twitter.
  • 53:13 - 53:18
    They never knew about Usenet
    so only geeks know about that
  • 53:20 - 53:26
    If we take this point perhaps the mindshare
    you need to be going for is the journalists
  • 53:26 - 53:32
    who report on the net, get them
    to report on decentralised networks
  • 53:34 - 53:39
    and get the public to start using them.
  • 53:39 - 53:42
    Yes, it's a crucial part
    of the activity, that's right.
  • 53:42 - 53:44
    We're going to talk to people.
  • 53:44 - 53:48
    Some of those people are gonna be journalists
    and some of them are gonna be our friends
  • 53:48 - 53:51
    and some of them are gonna be other engineers
    and some of them are gonna be people who
  • 53:52 - 53:54
    when their wireless router breaks
    they can go out buying a Freedom Box
  • 53:55 - 53:58
    cause it's cheaper and neater
    and cooler and does more good stuff.
  • 53:58 - 54:01
    And some of them are gonna be
    people who buy because they need it.
  • 54:01 - 54:04
    We just have to make the software.
  • 54:04 - 54:07
    The hardware guys will make
    the hardware and everything will happen.
  • 54:07 - 54:10
    I don't know how long.
    I don't know with what degree of certainty.
  • 54:10 - 54:13
    But I don't know if it's
    about going against the flow of history.
  • 54:14 - 54:17
    I think it's about pushing the pendulum back.
  • 54:20 - 54:26
    The general public have to know that this
    option exists and will serve their needs.
  • 54:26 - 54:30
    Yes, Apple will always advertise more than we will.
  • 54:32 - 54:38
    But the general public knows about Firefox
    so they can know about the Freedom Box too.
  • 54:45 - 54:48
    I think we have to stop
    in order to allow the conference to go on.
  • 54:48 - 54:51
    Thank you very much for your time.
Title:
Why Political Liberty Depends on Software Freedom More Than Ever
Description:

By Eben Moglen

We have come a very long way since the beginning of free software. GNU, Android, Linux, Open Solaris, X, Apache, Perl & other free software have changed & are changing the world.

But events happening now, like the Wikileaks investigation, and technologies of spying and control, like Facebook and iPad, are reminding us just how politically and socially unfree computers can make us if we're not careful. In this talk, I consider where we are now, and where we need to go

FOSDEM (Free and Open Source Development European Meeting) is a European event centered around Free and Open Source software development. It is aimed at developers and all interested in the Free and Open Source news in the world. Its goals are to enable developers to meet and to promote the awareness and use of free and open source software. More info at http://fosdem.org

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Video Language:
English
Duration:
55:05

English subtitles

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