「外国籍職員採用中止をめぐる三重県1万人アンケートは違法だ」 元地方公務員が監査請求

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〈国内外で孤立化深めるトランプ政権〉宇都宮 健児

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The Dangers of California’s Legislation to Censor 3D Printing

17 hours 2 minutes ago

California’s bill, A.B. 2047, will not only mandate censorware — software which exists to bluntly block your speech as a user — on all 3D printers; it will also criminalize the use of open-source alternatives. Repeating the mistakes of Digital Rights Management (DRM) technologies won’t make anyone safer. What it will do is hurt innovation in the state and risk a slew of new consumer harms, ranging from surveillance to platform lock-in. California must stand with creators and reject this legislation before it’s too late.

3D printing might evoke images of props from blockbuster films, rapid prototyping, medical research, or even affordable repair parts. Yet for a growing number of legislators, the perceived threat of “ghost guns” is a reason to impose restrictions on all 3D printers. Despite 3D printing of guns already being rare and banned under existing law, California may outright criminalize any user having control over their own device. 

This bill is a gift for the biggest 3D printer manufacturers looking to adopt HP’s approach to 2D printing: criminalize altering your printer’s code, lock users into your own ecosystem, and let enshittification run its course. Even worse, algorithmic print blocking will never work for its intended purpose, but it will threaten consumer choice, free expression, and privacy.

A misstep here can have serious repercussions across the whole 3D printing industry, lead the way for more bad bills, and leave California with an expensive and ineffective bureaucratic mess.

What’s in the California Proposal?

Compared to the Washington and New York laws proposed this year, California’s is the most troubling. It criminalizes open source, reduces consumer choice, and creates a bureaucratic burden.

Criminalizing Open Source and User Control

A.B. 2047 goes further than any other legislation on algorithmic print-blocking by making it a misdemeanor for the owners of these devices to disable, deactivate, or otherwise circumvent these mandated algorithms. Not only does this effectively criminalize use of any third-party, open-source 3D printer firmware, but it also enables print-blocking algorithms to parallel anti-consumer behaviors seen with DRM.

Manufacturers will be able to lock users into first-party tools, parts, and “consumables” (analogous to how 2D printer ink works). They will also be able to mandate purchases through first-party stores, imposing a heavy platform tax. Additionally, manufacturers could force regular upgrade cycles through planned obsolescence by ceasing updates to a printer’s print-blocking system, thereby taking devices out of compliance and making them illegal for consumers to resell. In short, a wide range of anti-consumer practices can be enforced, potentially resulting in criminal charges.

Independent of these deliberate harms manufacturers may inflict, DRM has shown that criminalizing code leads to more barriers to repair, more consumer waste, and far more cybersecurity risks by criminalizing research.

Less Consumer Choice

The bill favors incumbent manufacturers over newer competitors and over the interests of consumers.

Less-established manufacturers will need to dedicate considerable time and resources to implementing the ineffective solutions discussed above, navigating state approval, and potentially paying licensing fees to third-party developers of sham print-blocking software. While these burdens may be absorbed by the biggest producers of this equipment, it considerably raises the barrier to entry on a technology that can otherwise be individually built from scratch with common equipment. The result is clear: fewer options for consumers and more leverage for the biggest producers. 

Retailers will feel this pinch, but the second-hand market will feel it most acutely. Resale is an important property right for people to recoup costs and serves as an important check on inflating prices. But under this bill, such resale risks misdemeanor penalties. 

The bill locks users into a walled garden; it demands manufacturers ensure 3D printers cannot be used with third-party software tools. By creating barriers to the use of popular and need-specific alternatives, this legislation will limit the utility and accessibility of these devices across a broad spectrum of lawful uses.

Bureaucratic Burden 

A.B. 2047’s title 21.1 §3723.633-637 creates a print-blocking bureaucracy, leaning heavily on the California Department of Justice (DOJ). Initially, the DOJ must outline the technical standards for detecting and blocking firearm parts, and later certify print-blocking algorithms and maintain lists of compliant 3D printers. If a printer or software doesn’t make it through this red tape, it will be illegal to sell in the state.

The bill also requires the department to establish a database of banned blueprints that must be blocked by these algorithms. This database and printer list must be continually maintained as new printer models are released and workarounds are discovered, requiring effort from both the DOJ and printer manufacturers. 

For all the cost and burden of creating and maintaining such a database, those efforts will inevitably be outpaced by rapid iterations and workarounds by people breaking existing firearms laws.

Not just California

Once implemented, this infrastructure will be difficult to rein in, causing unintended consequences. The database meant for firearm parts can easily expand to copyright or political speech. Scans meant to be ephemeral can be collected and surveilled. This is cause for concern for everyone, as these levers of control will extend beyond the borders of the Golden State.

While California is at the forefront of print blocking, the impacts will be felt far outside of its borders. Once printer companies have the legal cover to build out anti-competitive and privacy-invasive tools, they will likely be rolled out globally. After all, it is not cost-effective to maintain two forks of software, two inventories of printers, and two distribution channels. Once California has created the infrastructure to censor prints, what else will it be used for?

As we covered in “Print Blocking Won’t Work” these print-blocking efforts are not only doomed to fail, but will render all 3D printer users vulnerable to surveillance either by forcing them into a cloud scanning solution for “on-device” results, or by chaining them to first-party software which must connect to the cloud to regularly update its print blocking system.

This law demands an unfeasible technological solution for something that is already illegal. Not only is this bad legislation with few safeguards, it risks the worst outcomes for grassroots innovation and creativity—both within the state and across the global 3D printing community.

California should reject this legislation before it’s too late, and advocates everywhere should keep an eye out for similar legislation in their states. What happens in California won't just stay in California.

Cliff Braun

EFF 🤝 HOPE: Join Us This August!

19 hours 48 minutes ago

Protecting privacy and free speech online takes more than policy work—it takes community. Conferences like HOPE are where that community comes together to learn, connect, and push these ideals forward. That's why EFF is proud to be at HOPE 26.

Join us at this year's Hackers On Planet Earth, August 14-16 at the New Yorker Hotel in Manhattan! Get your ticket now and support our work: throughout April EFF will receive 10% of all ticket proceeds for HOPE 26. 

Grab your ticket!

See EFF at HOPE 26 in New York

While you're there, be sure to catch talks from EFF's technologists, attorneys, and activists covering a wide range of digital civil liberties topics. You can get a taste of the talks to come by watching last year's EFF presentations at HOPE_16 on YouTube:

How a Handful of Location Data Brokers Actively Tracked Millions, and How to Stop Them
In the past year, a number of investigations have revealed the outsized role of a few select companies in gathering, storing, and selling the location data of millions of devices - and by extension people - worldwide. This talk will elaborate on the technologies, data flows, and industry players which comprise this complicated ecosystem.

Ask EFF
Get an update on current EFF work, including the ongoing case against the "Department" of Government Oversight, educating the public on their digital rights, organizing communities to resist ongoing government surveillance, and more.

Systems of Dehumanization: The Digital Frontlines of the War Against Bodily Autonomy
Daly covers the bad Internet bills that made sex work more dangerous, the ongoing struggle for abortion access in America, and the persecution of trans people across all spectrums of life. These issue-spaces are deeply connected, and the digital threats they face are uniquely dangerous. Come to learn about these threat models, as well as the cross-movement strategies being built for collective liberation against an authoritarian surveillance state. 

Snag a ticket by the end of April to help support EFF's work ensuring that technology works for everyone. We hope to see you there!

Christian Romero