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domain:astralcodexten.substack.com

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?

Tradcaths are extremely overrepresented on the far right which does on occasion advocate for political violence. Seems very cringe for the GOP to spend years being completely fine with the FBI spending billions infiltrating random mosques and then get upset when they target extremist tradcaths who openly advocate for violent revolution online. Obviously it isn’t any substantial percentage of tradcaths, but the same is true for Muslim extremists.

There are of course substantial technical barriers to flying cars, but almost no one is even interested in trying to overcome them because the regulatory barriers to marketing them and getting the general public to be allowed to fly them are obviously insurmountable.

Here is where we get to the BZZZZZZZZZZZZZZZT part. Every couple years, I see another flying car concept from some start-up. Every couple years, it's technologically fucking absurd, because "there are of course substantial technical barriers to flying cars".

You have zero reason for anyone to believe that the core reason why we don't have flying cars is regulatory and not technological/cultural/practical, especially when I can see with my own two eyes that every proposal that comes up is obscenely whack from a technological/cultural/practical standpoint. Don't get me wrong, I'm no FAA-lover, and they would almost certainly get in the way, but they're the reason we don't have flying cars in the same way that Space Force is the reason we don't have aliens invading earth.

Ok, so California required default passwords four years ago. Your nightmare world has already arrived. We've already crossed over the epsilon threshold. The boot has already eternally stomped the artist, and you should have already exited the terminally ill tech sector. I don't know why you're complaining now.

Now this is the type of response I was hoping for! Actually engaging with the substance!

FRAM

Perhaps they'll issue a clarification, but from the note in this section, I think someone could read this as "memory"; it has "memory" right in the name! In general, I do expect there to be some clarifications along these lines as folks like you bring up additional concerns.

5.4-2 (unique IDs)

This one is conditional, and I imagine ultra-small or ultra-disposable devices won't qualify in the first place.

5.3.4/6/10 (updates)

Same here; conditional. We'd at least have to get down to the level of thinking about each of the devices you've mentioned in terms of the conditions.

Mandating that "For constrained devices that cannot have their software updated, the product should be isolable and the hardware replaceable" (5.3-15) could mean almost nothing, or it could require vendors to commit to support any optional part of a product until they retire an entire series.

Notice how they define isolable:

isolable: able to be removed from the network it is connected to, where any functionality loss caused is related only to that connectivity and not to its main function; alternatively, able to be placed in a self-contained environment with other devices if and only if the integrity of devices within that environment can be ensured

EXAMPLE: A Smart Fridge has a touchscreen-based interface that is network-connected. This interface can be removed without stopping the fridge from keeping the contents chilled.

In the section describing the rule, they continue:

There are some situations where devices cannot be patched. For constrained devices a replacement plan needs to be in place and be clearly communicated to the consumer. This plan would typically detail a schedule for when technologies will need to be replaced and, where applicable, when support for hardware and software ends

I think I would interpret this as, sure, you need to support any part of a product until you tell the customer that you're not supporting it anymore, and the type of support can vary.

SecureBoot (5.7-1), hardware memory access controls (5.6-8)

Yeah, I have a feeling that these aren't going to pop into the Mandatory category for a while. The real good news is that concerns are really of the type, "Will they at some point make these Mandatory, when it is still too soon?" Because pre-rule-dropping, I imagine the worry would have been of the type, "Will they make this stuff Mandatory now?" And, they, uh, didn't. I think this document shows a pretty decent level of care in getting some of the really basic stuff right and showing the industry the direction they'd like to go in the future. There's no telling at this point whether it'll all actually go that way; one has to imagine that there are differing worlds where it seems more/less plausible to upgrayyyed these Recommendatations into Mandatory.

guaranteeing cryptographic updates for the life cycle of the product (5.5-3)

Whereas this one, I think is fine, given their explanation:

For devices that cannot be updated, it is important that the intended lifetime of the device does not exceed the recommended usage lifetime of cryptographic algorithms used by the device (including key sizes).

How easy is that? You don't even have to update it at all. But if you do, then at least make sure your shit isn't trivially broken, at least so long as you're telling the customer that you're still supporting it.