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by saurik
1014 days ago
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The problem here is that the thing I am probing is something I own: the device in my house that I ostensibly purchased and am allowed to smash with a hammer or put in a blender for all anyone should care; the context is that the DMCA is often used by companies to claim that DRM on the device is there to protect copyrights--whether music the device had access to, even if it isn't the reason many or even most people buy the device (such as a smart fridge with a speaker in it and the option to log in to Spotify), or the firmware software itself--and that it is thereby illegal for me to distribute tools to help people access to repair (which is the key thing here: there actually are already some legal protections for the act of "probing", but you kind of have to do it alone which is insane) a device I own and where finding vulnerabilities should be about me and my trade-offs, not the wishes of a manufacturer. |
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People should not have agreed to buy things where there are parts of it they don't own that they don't even need, but they did. They did it a lot because it didn't matter to them and now those devices are prevalent everywhere and it's a PITA to try to buy the type of item you actually want - where you own it entirely.
Ownership has never actually been absolute. When you buy land you cannot tear it up and make it totally unusable. If you buy a home under an HOA you may have to keep it in a certain type of order.
Maybe what we need is a law that manufacturers always need to provide a "dumb" model of their products which can be completely owned by the consumer.
However, I was speaking from a stance of acceptance that the companies are maintaining ownership of some functionality of the devices. I was primarily thinking about the way it accesses company owned infrastructure (servers and the information on them) but it extends into a grey area on the devices themselves.
You should be allowed to reasonably tamper with the device, but you should also be attempting to communicate with the company about it. They shouldn't be allowed to retaliate against you for requesting to tamper, they should need to reply reasonably quickly, and the reasons for which they are allowed to deny you should be regulated so they cannot just deny for no reason.
I am saying we need to lean in to the situation we are in if we want actual results, and I think there is a lot of room to develop a reasonable legal framework on this subject that incorporates partial ownership.
It shouldn't be as restrictive as it is today, but it also shouldn't be a complete free for all. We should at least attempt to make an effort to control security vulnerability information so criminal behavior and innocent behavior actually looks different.