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Culture War Roundup for the week of May 6, 2024

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Compliance is a huge industry.

Weird. I hear about that from my friends in literally every other industry ever. They still seem capable of operating.

What isn't seen is how much harder it is or will be to get funding for a startup that designs novel appliances because the costs to enter the market are now higher.

I'm always sympathetic to concerns of regulatory capture putting barriers to entry in front of small businesses. Totally agree that this is the single strongest argument against these types of requirements. I just doubt that these particular requirements are that onerous. Plenty of smaller shops that actually care about not being a security clusterfuck already do these kinds of things, and you can do most of them without too much difficulty as a hobbyist. In any event, if you're a start up that can't figure out how to not have a default password on all your devices, I actually kind of don't want you selling stuff, anyway.

They still seem capable of operating.

Where is the innovation in any other industry over the past decades exactly? You know, since they brought these in.

How expensive is it to build a bridge now, versus a hundred years ago, adjusted for inflation? "capable of operating", what a joke.

As Kulak is fond of saying, the reason we don't have flying cars isn't that they haven't been invented, it's that they've been made illegal. They were commonly flown (and shot down) by teenagers in the 1910s.

if you're a start up that can't figure out how to not have a default password on all your devices, I actually kind of don't want you selling stuff, anyway

This is the tired same equivocation that motivates all such regulatory barriers. I complain about having to fill forms, you retort about the justifications for the form existing as if I didn't also have such a concern.

There are other answers to the problems of humanity than increasing the size of the bureaucracy. Just no other that fits into managerialism.

Where is the innovation in any other industry over the past decades exactly?

You know, since they brought these in.

Let's go with a simple one - the shale fracking revolution in the oil/gas industry. But nobody is actually going to go counting these things, because no one really has any sort of consistent argument for which sorts of regulations stifle innovation. Again, I totally realize that they do sometimes, in some ways. But what sort of massive innovation is going to be stifled by requiring devices to not have default passwords? Like, surely we can agree on that one. We could at least leave open arguments for other requirements, and I would welcome a wide-ranging debate on them. But if we're stuck with just theoretical arguments, totally disconnected from any specifics, in a way that can't capture basic truths like, "Being forced to not have default passwords is not a significant barrier to innovation," then we're not going to get anywhere.

I complain about having to fill forms, you retort about the justifications for the form existing as if I didn't also have such a concern.

Ok, so you also have a concern about default passwords. What are you going to do about your concern?

shale fracking revolution in the oil/gas industry

That is a fair one, but It's also a very good example of just what I'm saying. I was part of the few people on the quite unpopular side of the oil industry here in Europe in the 10s when it was banned, for the same reason I'm on this side of this issue now.

If the UK wants to make such regulations it will reap the same sort of benefits: no toxic chemical pollution or chinese crap botnets, but also no innovation in these respective sectors.

It's a choice.

"Being forced to not have default passwords is not a significant barrier to innovation,"

You can not like that enforcing common sense rules to an industry through state mandates is a barrier to innovation all you want. It's not going to stop being true. The debate is only on the magnitude of the effect.

What are you going to do about your concern?

I don't buy chinese crap that spies on you, I tell people not to buy chinese crap that spies on you and I shame people who do so in my social circles.

Hell, I've spent years of my life writing symbolic execution software used specifically to make edge devices secure, some of which you may be using right now. What have you done?

If the UK wants to make such regulations it will reap the same sort of benefits: no toxic chemical pollution or chinese crap botnets, but also no innovation in these respective sectors.

So, will you then make a prediction along the lines of what I asked for in the OP? Are you predicting that tech companies will pull out of the UK rather than either upgrayyyeding their security practices for the world market or going with a dual product (one version that doesn't make absurdly basic mistakes for the UK market and one that does make those mistakes for the world market)?

The debate is only on the magnitude of the effect.

And I claimed that being forced to not have default passwords will have an incredibly low magnitude effect on innovation. Do you actually disagree with this, or do we agree?

I don't buy chinese crap that spies on you, I tell people not to buy chinese crap that spies on you and I shame people who do so in my social circles.

I do the same, but clearly that is not changing much about the world. Have you succeeded in changing the world through your evangelism?

Hell, I've spent years of my life writing symbolic execution software used specifically to make edge devices secure.

Then I'm sure you will be pleased that this work won't be going to waste by someone shaving a few cents off of the cost of your product by putting a default password on it. Honestly, hearing this, I'm really not sure what your concern is. Is it that your company's "We're Actually Secure" marketing is going to be slightly less effective, now that the floor has been raised? Did you really think that such marketing was really of all that much value in the first place? @The_Nybbler thinks that it's completely a waste and that no one would spend one red cent more for your secure product. Do you think he's wrong?

So, will you then make a prediction along the lines of what I asked for in the OP?

I can easily commit to saying that no major IoT startup success is likely to be based in the UK any time soon. But that's saying nothing given they're pretty much all American already for many other reasons.

Maybe some guy at Arm will have to add one more form to some pile or something.

I'm really not sure what your concern is

Europe at large is a dying crab bucket that everybody who can make things is leaving because if you try you reap only taxes and lawsuits.

That's my concern. John Galt is my concern.

Do you think he's wrong?

Yes and no. No chinesium lightbulb maker is ever going to bother with formally proving their code is correct because they don't care. But some connected things actually need to be secure so that you don't explode, catch on fire or get robbed.

I find the actually useful non gimmicky applications of IoT are in this latter category, and that for those the customer and the manufacturer usually know better than to cheap out.

I can easily commit to saying that no major IoT startup success is likely to be based in the UK any time soon.

Bruce Schnier noted that California had already implemented at least the number one item. Do you think that this is enough to also say that no major IoT startup success is likely to be based in California any time soon?

No chinesium lightbulb maker is ever going to bother with formally proving their code is correct because they don't care.

I don't believe anything in this requirement is aimed at formal code verification methods. I don't think that's a requirement that is on the table anywhere, except for perhaps some niche customers (e.g., military/space). Probably not even at most "critical infrastructure" places that could blow up or whatever.

I mean, honestly, if that's about all you have to say for what results from this, that no chinesium lightbulb maker is going to meet a standard that hasn't been proposed and that some critical application spaces are going to pay for good stuff anyway, that's kind of a nothingburger? Like, abstract senses about Europe (not even the UK) and wild references to John Galt aren't really "concerns" that can be addressed in context of the very specific document that we have in front of us. It really seems like you just don't have any meaningful concern that we can investigate.

Do you think that this is enough to also say that no major IoT startup success is likely to be based in California any time soon?

Nah, California has inertia and the funding apparatus there is still stronger than anywhere in the world, which is more meaningful. Not to mention the regulatory framework for innovation in general is looser in the US.

But it's telling that the companies that exist right now that fit the bill are also in Texas and Massachusetts these days, that used to be more rare. I wouldn't be surprised if we see some exodus. But it's probably down to the taxes than line items from small regulation.

I don't think that's a requirement that is on the table anywhere, except for perhaps some niche customers

You're forgetting automotive and think that energy grid infra is a lot looser than it actually is, but other than that it's broadly correct.

that's kind of a nothingburger?

I think we're talking past each other. This regulation in and of itself is a nothingburger. It's the tendency I'm speaking to, which is what was alluded to in the OP.

Regulation is a dynamic process, it never stops at one law and very few of its slopes are not slippery.

aren't really "concerns" that can be addressed in context of the very specific document that we have in front of us

In this house we discuss the Bailey, not the Motte.

Do you think that this is enough to also say that no major IoT startup success is likely to be based in California any time soon?

Nah

Ok, cool. Then epsilon regulation doesn't instantly kill 100% of innovation.

I think we're talking past each other. This regulation in and of itself is a nothingburger. It's the tendency I'm speaking to, which is what was alluded to in the OP.

Regulation is a dynamic process, it never stops at one law and very few of its slopes are not slippery.

Well, then we can probably dig back into the history books to find the first actual regulation that was placed on the tech industry. Whenever it was, it was in the past. The complaint that if we have epsilon regulation, it will definitely be a slippery slope to infinite regulation was valid then, but we're past that threshold now. Now, regulation is a dynamic process; the question is whether this regulation is part of a slippery slope toward infinite regulation, or if it's actually mostly basic shit that everyone has already known they should be doing anyway.

In this house we discuss the Bailey, not the Motte.

I mean, no? It's literally TheMotte. And this betrays that your reasoning doesn't even follow the Motte/Bailey dynamics. It was:

So the motte-and-bailey doctrine is when you make a bold, controversial statement. Then when somebody challenges you, you retreat to an obvious, uncontroversial statement, and say that was what you meant all along, so you’re clearly right and they’re silly for challenging you. Then when the argument is over you go back to making the bold, controversial statement.

If anything, you're the one who is making bold, controversial statements (that innovation will grind to a halt, that no innovation happens anymore in any other industry that has any regulation). There's nothing comparable happening in the other direction. What even is the Bailey that you speak of?

EDIT: Your Bailey seems to be "an epsilon regulation grinds innovation down to zero". When someone challenges you on this, you retreat to an obvious, uncontroversial statement, like, "Regulation is dynamic," but try to sneak in some not-fleshed-out argument about a slippery slope implying infinite regulation. When pulled back to reality, and you're challenged to engage with actually-existing regulation, you're actually pretty silent, unlike at least gattsuru, who at least engages with what's actually going on rather than fever dreams. Why isn't the vastly more reasonable view that you're engaging in a Motte/Bailey argument, while not being able to point to any sort of Bailey from the other side?

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