Weâre seeing bold, muscular, global action on competition, regulation and labour, with self-help bringing up the rear. Itâs not a moment too soon, because the bad news is enshittification is coming to every industry. If itâs got a networked computer in it, the people who made it can run the Darth Vader MBA playbook on it, changing the rules from moment to moment, violating your rights and then saying: âItâs OK, we did it with an app.â
From Mercedes effectively renting you your accelerator pedal by the month to Internet of Things dishwashers that lock you into proprietary dish soap, enshittification is metastasising into every corner of our lives. Software doesnât eat the world, it just enshittifies it.
Thereâs a bright side to all this: if everyone is threatened by enshittification, then everyone has a stake in disenshittification. Just as with privacy law in the US, the potential anti-enshittification coalition is massive. Itâs unstoppable.
The cynics among you might be sceptical that this will make a difference. After all, isnât âenshittificationâ the same as âcapitalismâ? Well, no.
Iâm not going to cape for capitalism. Iâm hardly a true believer in markets as the most efficient allocators of resources and arbiters of policy. But the capitalism of 20 years ago made space for a wild and woolly internet, a space where people with disfavoured views could find each other, offer mutual aid and organise. The capitalism of today has produced a global, digital ghost mall, filled with botshit, crap gadgets from companies with consonant-heavy brand names and cryptocurrency scams.
The internet isnât more important than the climate emergency, gender justice, racial justice, genocide or inequality. But the internet is the terrain weâll fight those fights on. Without a free, fair and open internet, the fight is lost before itâs joined.
We can reverse the enshittification of the internet. We can halt the creeping enshittification of every digital device. We can build a better, enshittification-resistant digital nervous system, one that is fit to co-ordinate the mass movements we will need to fight fascism, end genocide, save our planet and our species.
Martin Luther King said: âIt may be true that the law cannot make a man love me, but it can stop him from lynching me, and I think thatâs pretty important.â And it may be true that the law canât force corporations to conceive of you as a human being entitled to dignity and fair treatment, and not just an ambulatory wallet, a supply of gut bacteria for the immortal colony organism that is a limited liability corporation. But it can make them fear you enough to treat you fairly and afford you dignity â even if they donât think you deserve it.
Cory Doctorow is a special adviser to the Electronic Frontier Foundation and a visiting professor of computer science at the Open University. His next book âThe Bezzleâ, published by Head of Zeus, is out this month. This piece is adapted from his Marshall McLuhan Lecture, delivered at the Embassy of Canada in Berlin last month
In a digital world, someone else might well say, âYes, but if we do that, 20 per cent of our users will install ad blockers, and our revenue from those users will drop to zero, for ever.â This means that digital companies are constrained by the fear that some enshittificatory manoeuvre will prompt their users to google, âHow do I disenshittify this?â
And, finally, workers. Tech workers have very low union density, but that doesnât mean that tech workers donât have labour power. The historical âtalent shortageâ of the tech sector meant that workers enjoyed a lot of leverage. Workers who disagreed with their bosses could quit and walk across the street and get another, better job.
They knew it and their bosses knew it. Ironically, this made tech workers highly exploitable. Tech workers overwhelmingly saw themselves as founders in waiting, entrepreneurs who were temporarily drawing a salary, heroic figures to be.
Thatâs why mottoes such as Googleâs âDonât be evilâ and Facebookâs âMake the world more open and connectedâ mattered; they instilled a sense of mission in workers. Itâs what the American academic Fobazi Ettarh calls âvocational aweâ or Elon Musk calls being âextremely hardcoreâ.
Tech workers had lots of bargaining power, but they didnât flex it when their bosses demanded that they sacrifice their health, their families, their sleep to meet arbitrary deadlines. So long as their bosses transformed their workplaces into whimsical âcampusesâ, with gyms, gourmet cafeterias, laundry service, massages and egg-freezing, workers could tell themselves that they were being pampered, rather than being made to work like government mules.
For bosses, thereâs a downside to motivating your workers with appeals to a sense of mission. Namely, your workers will feel a sense of mission. So when you ask them to enshittify the products they ruined their health to ship, workers will experience a sense of profound moral injury, respond with outrage and threaten to quit. Thus tech workers themselves were the final bulwark against enshittification.
The pre-enshittification era wasnât a time of better leadership. The executives werenât better. They were constrained. Their worst impulses were checked by competition, regulation, self-help and worker power. So what happened?
One by one, each of these constraints was eroded, leaving the enshittificatory impulse unchecked, ushering in the enshittoscene.
It started with competition. From the Gilded Age until the Reagan years, the purpose of competition law was to promote competition between companies. US antitrust law treated corporate power as dangerous and sought to blunt it. European antitrust laws were modelled on US ones, imported by the architects of the Marshall Plan. But starting in the 1980s, with the rise of neoliberalism, competition authorities all over the world adopted a doctrine called âconsumer welfareâ, which essentially held that monopolies were evidence of quality. If everyone was shopping at the same store and buying the same product, that meant that was the best store, selling the best product â not that anyone was cheating.
Executives werenât better before. They were constrainedâ.â.â.âby competition, regulation, self-help and worker power
And so, all over the world, governments stopped enforcing their competition laws. They just ignored them as companies flouted them. Those companies merged with their major competitors, absorbed smaller companies before they could grow to be big threats. They held an orgy of consolidation that produced the most inbred industries imaginable, whole sectors grown so incestuous they developed Habsburg jaws, from eyeglasses to sea freight, glass bottles to payment processing, vitamin C to beer.
Most of our global economy is dominated by five or fewer global companies. If smaller companies refuse to sell themselves to these cartels, the giants have free rein to flout competition law further, with âpredatory pricingâ that keeps an independent rival from gaining a foothold. When Diapers.com refused Amazonâs acquisition offer, Amazon lit $100mn on fire, selling diapers way below cost for months, until Diapers.com went bust, and Amazon bought them for pennies on the dollar.
Lily Tomlin used to do a character on the TV show Rowan & Martinâs Laugh-In, an AT&T telephone operator whoâd do commercials for the Bell system. Each one would end with her saying: âWe donât care. We donât have to. Weâre the phone company.â
Todayâs giants are not constrained by competition. They donât care. They donât have to. Theyâre Google.
Thatâs the first constraint gone, and as it slipped away, the second constraint â regulation â was also doomed.
When an industry consists of hundreds of small- and medium-sized enterprises, it is a mob, a rabble. Hundreds of companies canât agree on what to tell Parliament or Congress or the Commission. They canât even agree on how to cater a meeting where theyâd discuss the matter.
But when a sector dwindles to a bare handful of dominant firms, it ceases to be a rabble and it becomes a cartel. Five companies, or four, or three, or two or just one company can easily converge on a single message for their regulators, and without âwasteful competitionâ eroding their profits, they have plenty of cash to spread around.
This is why competition matters: itâs not just because competition makes companies work harder and share value with customers and workers; itâs because competition keeps companies from becoming too big to fail, and too big to jail.
Now, there are plenty of things we donât want improved through competition, like privacy invasions. After the EU passed its landmark privacy law, the GDPR, there was a mass-extinction event for small EU ad-tech companies. These companies disappeared en masse and thatâs a good thing. They were even more invasive and reckless than US-based Big Tech companies. We donât want to produce increasing efficiency in violating our human rights.
But: Google and Facebook have been unscathed by European privacy law. Thatâs not because they donât violate the GDPR. Itâs because they pretend they are headquartered in Ireland, one of the EUâs most notorious corporate crime havens. And Ireland competes with the EUâs other crime havens â Malta, Luxembourg, Cyprus and, sometimes, the Netherlands â to see which country can offer the most hospitable environment.
The Irish Data Protection Commission rules on very few cases, and more than two-thirds of its rulings are overturned by the EU courts, even though Ireland is the nominal home to the most privacy-invasive companies on the continent. So Google and Facebook get to act as though they are immune to privacy law, because they violate the law with an app.
This is where that third constraint, self-help, would surely come in handy. If you donât want your privacy violated, you donât need to wait for the Irish privacy regulator to act, you can just install an ad blocker.
More than half of all web users are blocking ads. But the web is an open platform, developed in the age when tech was hundreds of companies at each otherâs throats, unable to capture their regulators. Today, the web is being devoured by apps, and apps are ripe for enshittification. Regulatory capture isnât just the ability to flout regulation, itâs also the ability to co-opt regulation, to wield regulation against your adversaries.
Todayâs tech giants got big by exploiting self-help measures. When Facebook was telling MySpace users they needed to escape Murdochâs crapulent Australian social media panopticon, it didnât just say to those Myspacers, âScrew your friends, come to Facebook and just hang out looking at the cool privacy policy until they get here.â It gave them a bot. You fed the bot your MySpace username and password, and it would login to MySpace and pretend to be you, scraping everything waiting in your inbox and copying it to your Facebook inbox.
When Facebook, Apple and Google were doing this adversarial interoperability, it was progress. If you try to do it to them, itâs piracy
When Microsoft was choking off Appleâs market oxygen by refusing to ship a functional version of Microsoft Office for the Mac in the 1990s â so that offices were throwing away their designersâ Macs and giving them PCs with upgraded graphics cards and Windows versions of Photoshop and Illustrator â Steve Jobs didnât beg Bill Gates to update Mac Office. He got his technologists to reverse-engineer Microsoft Office and make a compatible suite, the iWork Suite, whose apps, Pages, Numbers and Keynote could read and write Microsoftâs Word, Excel and PowerPoint files.
When Google entered the market, it sent its crawler to every web server on earth, where it presented itself as a web-user: âHi! Hello! Do you have any web pages? Thanks! How about some more? How about more?â
But every pirate wants to be an admiral. When Facebook, Apple and Google were doing this adversarial interoperability, that was progress. If you try to do it to them, thatâs piracy.
Try to make an alternative client for Facebook and theyâll say you violated US laws such as the Digital Millennium Copyright Act and EU laws like Article 6 of the EU Copyright Directive. Try to make an Android program that can run iPhone apps and play back the data from Appleâs media stores and theyâd bomb you until the rubble bounced. Try to scrape all of Google and theyâll nuke you until you glow.
Techâs regulatory capture is mind-boggling. Take that law I mentioned earlier, Section 1201 of the Digital Millennium Copyright Act or DMCA. Bill Clinton signed it in 1998, and the EU imported it as Article 6 of the EUCD in 2001. It is a blanket prohibition on removing any kind of encryption that restricts access to a copyrighted work â things such as ripping DVDs or jailbreaking a phone â with penalties of a five-year prison sentence and a $500,000 fine for a first offence. This law has been so broadened that it can be used to imprison creators for granting access to their own creations. Hereâs how that works: In 2008, Amazon bought Audible, an audiobook platform. Today, Audible is a monopolist with more than 90 per cent of the audiobook market. Audible requires that all creators on its platform sell with Amazonâs âdigital rights managementâ, which locks it to Amazonâs apps.
So say I write a book, then I read it into a mic, then I pay a director and an engineer thousands of dollars to turn that into an audiobook, and sell it to you on the monopoly platform, Audible, that controls more than 90 per cent of the market. If I later decide to leave Amazon and want to let you come with me to a rival platform, I am out of luck. If I supply you with a tool to remove Amazonâs encryption from my audiobook, so you can play it in another app, I commit a felony, punishable by a five-year sentence and a half-million-dollar fine, for a first offence.
Thatâs a stiffer penalty than you would face if you simply pirated the audiobook from a torrent site. But itâs also harsher than the punishment youâd get for shoplifting the audiobook on CD from a truck stop. Itâs harsher than the sentence youâd get for hijacking the truck that delivered the CD.
Think of our ad blockers again. Fifty per cent of web users are running ad blockers. Zero per cent of app users are running ad blockers, because adding a blocker to an app requires that you first remove its encryption, and thatâs a felony. (Jay Freeman, the American businessman and engineer, calls this âfelony contempt of business-modelâ.)
So when someone in a boardroom says, âLetâs make our ads 20 per cent more obnoxious and get a 2 per cent revenue increase,â no one objects that this might prompt users to google, âHow do I block ads?â After all, the answer is, you canât. Indeed, itâs more likely that someone in that boardroom will say, âLetâs make our ads 100 per cent more obnoxious and get a 10 per cent revenue increase.â (This is why every company wants you to install an app instead of using its website.)
Thereâs no reason that gig workers who are facing algorithmic wage discrimination couldnât install a counter-app that co-ordinated among all the Uber drivers to reject all jobs unless they reach a certain pay threshold. No reason except felony contempt of business model, the threat that the toolsmiths who built that counter-app would go broke or land in prison, for violating DMCA 1201, the Computer Fraud and Abuse Act, trademark, copyright, patent, contract, trade secrecy, nondisclosure and noncompete or, in other words, âIP lawâ.
IP isnât just short for intellectual property. Itâs a euphemism for âa law that lets me reach beyond the walls of my company and control the conduct of my critics, competitors and customersâ. And âappâ is just a euphemism for âa web page wrapped in enough IP to make it a felony to mod it, to protect the labour, consumer and privacy rights of its userâ.
We donât care. We donât have to. Weâre the phone company.
What about that fourth constraint: workers? For decades, tech workersâ bargaining power and vocational awe put a ceiling on enshittification. Even after the tech sector shrank to a handful of giants. Even after they captured their regulators. Even after âfelony contempt of business modelâ and extinguished self-help for tech users. Tech was still constrained by their workersâ sense of moral injury in the face of the imperative to enshittify.
Remember when tech workers dreamt of working for a big company for a few years, before striking out on their own to start their own company that would knock that tech giant over? That dream shrank to: work for a giant for a few years, quit, do a fake start-up, get âacqui-hiredâ by your old employer, as a complicated way of getting a bonus and a promotion. Then the dream shrank further: work for a tech giant for your whole life, get free kombucha and massages on Wednesdays.
And now, the dream is over. All thatâs left is: work for a tech giant until they fire you, like those 12,000 Googlers who got fired last year, eight months after a stock buyback that would have paid their salaries for the next 27 years.
Workers are no longer a check on their bossesâ worst impulses. Today, the response to âI refuse to make this product worseâ is âturn in your badge and donât let the door hit you in the ass on the way outâ.
I get that this is all a little depressing. OK, really depressing. But hear me out! Weâve identified the disease. Weâve identified its underlying mechanism. Now we can get to work on a cure.
There are four constraints that prevent enshittification: competition, regulation, self-help and labour. To reverse enshittification and guard against its re-emergence, we must restore and strengthen each of these.
On competition, itâs actually looking pretty good. The EU, the UK, the US, Canada, Australia, Japan and China are all doing more on competition than they have in two generations. Theyâre blocking mergers, unwinding existing ones, taking action on predatory pricing and other sleazy tactics. Remember, in the US and Europe, we already have the laws to do this; we just stopped enforcing them.
Iâve been fighting these fights with the Electronic Frontier Foundation for 22 years now, and Iâve never seen a more hopeful moment for sound, informed tech policy.
My big hope here is that Steinâs Law will take hold: anything that canât go on for ever will eventually stop
Now, the enshittifiers arenât taking this lying down. Take Lina Khan, the brilliant head of the US Federal Trade Commission, who has done more in three years on antitrust than the combined efforts of all her predecessors over the past 40 years. The Wall Street Journalâs editorial page has run more than 80 pieces trashing Khan, insisting that sheâs an ineffectual ideologue who canât get anything done. Sure, thatâs why you ran 80 editorials about her. Because she canât get anything done.
Reagan and Thatcher put antitrust law in a coma in the 1980s. But itâs awake, itâs back and itâs pissed off.
What about regulation? How will we get tech companies to stop doing that one weird trick of adding âwith an appâ to escape enforcement?
Well, here in the EU, theyâre starting to figure it out. Recently, the main body of the Digital Markets Act and the Digital Services Act went into effect, and they let people who get screwed by tech companies go straight to the European courts, bypassing the toothless watchdogs in places like Ireland.
In the US, they might finally get a digital privacy law. You probably have no idea how backwards US privacy law is. The last time the US Congress enacted a broadly applicable privacy law was in 1988. The Video Privacy Protection Act makes it a crime for video-store clerks to leak your video-rental history. It was passed after a rightwing judge who was up for the Supreme Court had his rentals published in a DC newspaper. The rentals werenât even all that embarrassing.
Sure, that judge, Robert Bork, wasnât confirmed for the Supreme Court, but that was because he was a virulent loudmouth who served as Nixonâs solicitor-general. Still, Congress got the idea that their own video records might be next, freaked out and passed the VPPA. That was the last time Americans got a big, national privacy law. And the thing is, there are a lot of people who are angry about it. Worried that Facebook turned Grampy into a QAnon? That Insta made your teen anorexic? That TikTok is brainwashing Gen Z into quoting Osama bin Laden?
Or that cops are rolling up the identities of everyone at a Black Lives Matter protest or the Jan 6 riots by getting location data from Google?
Or that red state attorneys-general are tracking teen girls to out-of-state abortion clinics?
Or that Black people are being discriminated against by online lending or hiring platforms?
Or that someone is making AI deepfake porn of you?
Having a federal privacy law with a private right of action â which means that individuals can sue companies that violate their privacy â would go a long way to rectifying all of these problems. Thereâs a big coalition for that kind of privacy law.
What about self-help? Thatâs a lot farther away, alas. The EUâs DMA will force tech companies to open up their walled gardens for interoperation. Youâll be able to use WhatsApp to message people on iMessage, or quit Facebook and move to Mastodon, but still send messages to the people left behind. But if you want to reverse-engineer one of those Big Tech products and mod it to work for you, not them, the EUâs got nothing for you. This is an area ripe for improvement. My big hope here is that Steinâs Law will take hold: anything that canât go on forever will eventually stop.
Finally, thereâs labour. Here in Europe, thereâs much higher union density than in the US, which American tech barons are learning the hard way. There is nothing more satisfying in the daily news than the recent salvo by Nordic unions against that Tesla guy. But even in the US, thereâs a massive surge in tech unions. Tech workers have realised theyâre not founders-in-waiting. In Seattle, Amazonâs tech workers walked out in sympathy with Amazonâs warehouse workers, because theyâre all workers.
Weâre seeing bold, muscular, global action on competition, regulation and labour, with self-help bringing up the rear. Itâs not a moment too soon, because the bad news is enshittification is coming to every industry. If itâs got a networked computer in it, the people who made it can run the Darth Vader MBA playbook on it, changing the rules from moment to moment, violating your rights and then saying: âItâs OK, we did it with an app.â
From Mercedes effectively renting you your accelerator pedal by the month to Internet of Things dishwashers that lock you into proprietary dish soap, enshittification is metastasising into every corner of our lives. Software doesnât eat the world, it just enshittifies it.
Thereâs a bright side to all this: if everyone is threatened by enshittification, then everyone has a stake in disenshittification. Just as with privacy law in the US, the potential anti-enshittification coalition is massive. Itâs unstoppable.
The cynics among you might be sceptical that this will make a difference. After all, isnât âenshittificationâ the same as âcapitalismâ? Well, no.
Iâm not going to cape for capitalism. Iâm hardly a true believer in markets as the most efficient allocators of resources and arbiters of policy. But the capitalism of 20 years ago made space for a wild and woolly internet, a space where people with disfavoured views could find each other, offer mutual aid and organise. The capitalism of today has produced a global, digital ghost mall, filled with botshit, crap gadgets from companies with consonant-heavy brand names and cryptocurrency scams.
The internet isnât more important than the climate emergency, gender justice, racial justice, genocide or inequality. But the internet is the terrain weâll fight those fights on. Without a free, fair and open internet, the fight is lost before itâs joined.
We can reverse the enshittification of the internet. We can halt the creeping enshittification of every digital device. We can build a better, enshittification-resistant digital nervous system, one that is fit to co-ordinate the mass movements we will need to fight fascism, end genocide, save our planet and our species.
Martin Luther King said: âIt may be true that the law cannot make a man love me, but it can stop him from lynching me, and I think thatâs pretty important.â And it may be true that the law canât force corporations to conceive of you as a human being entitled to dignity and fair treatment, and not just an ambulatory wallet, a supply of gut bacteria for the immortal colony organism that is a limited liability corporation. But it can make them fear you enough to treat you fairly and afford you dignity â even if they donât think you deserve it.
Cory Doctorow is a special adviser to the Electronic Frontier Foundation and a visiting professor of computer science at the Open University. His next book âThe Bezzleâ, published by Head of Zeus, is out this month. This piece is adapted from his Marshall McLuhan Lecture, delivered at the Embassy of Canada in Berlin last month
In a digital world, someone else might well say, âYes, but if we do that, 20 per cent of our users will install ad blockers, and our revenue from those users will drop to zero, for ever.â This means that digital companies are constrained by the fear that some enshittificatory manoeuvre will prompt their users to google, âHow do I disenshittify this?â
And, finally, workers. Tech workers have very low union density, but that doesnât mean that tech workers donât have labour power. The historical âtalent shortageâ of the tech sector meant that workers enjoyed a lot of leverage. Workers who disagreed with their bosses could quit and walk across the street and get another, better job.
They knew it and their bosses knew it. Ironically, this made tech workers highly exploitable. Tech workers overwhelmingly saw themselves as founders in waiting, entrepreneurs who were temporarily drawing a salary, heroic figures to be.
Thatâs why mottoes such as Googleâs âDonât be evilâ and Facebookâs âMake the world more open and connectedâ mattered; they instilled a sense of mission in workers. Itâs what the American academic Fobazi Ettarh calls âvocational aweâ or Elon Musk calls being âextremely hardcoreâ.
Tech workers had lots of bargaining power, but they didnât flex it when their bosses demanded that they sacrifice their health, their families, their sleep to meet arbitrary deadlines. So long as their bosses transformed their workplaces into whimsical âcampusesâ, with gyms, gourmet cafeterias, laundry service, massages and egg-freezing, workers could tell themselves that they were being pampered, rather than being made to work like government mules.
For bosses, thereâs a downside to motivating your workers with appeals to a sense of mission. Namely, your workers will feel a sense of mission. So when you ask them to enshittify the products they ruined their health to ship, workers will experience a sense of profound moral injury, respond with outrage and threaten to quit. Thus tech workers themselves were the final bulwark against enshittification.
The pre-enshittification era wasnât a time of better leadership. The executives werenât better. They were constrained. Their worst impulses were checked by competition, regulation, self-help and worker power. So what happened?
One by one, each of these constraints was eroded, leaving the enshittificatory impulse unchecked, ushering in the enshittoscene.
It started with competition. From the Gilded Age until the Reagan years, the purpose of competition law was to promote competition between companies. US antitrust law treated corporate power as dangerous and sought to blunt it. European antitrust laws were modelled on US ones, imported by the architects of the Marshall Plan. But starting in the 1980s, with the rise of neoliberalism, competition authorities all over the world adopted a doctrine called âconsumer welfareâ, which essentially held that monopolies were evidence of quality. If everyone was shopping at the same store and buying the same product, that meant that was the best store, selling the best product â not that anyone was cheating.
Executives werenât better before. They were constrainedâ.â.â.âby competition, regulation, self-help and worker power
And so, all over the world, governments stopped enforcing their competition laws. They just ignored them as companies flouted them. Those companies merged with their major competitors, absorbed smaller companies before they could grow to be big threats. They held an orgy of consolidation that produced the most inbred industries imaginable, whole sectors grown so incestuous they developed Habsburg jaws, from eyeglasses to sea freight, glass bottles to payment processing, vitamin C to beer.
Most of our global economy is dominated by five or fewer global companies. If smaller companies refuse to sell themselves to these cartels, the giants have free rein to flout competition law further, with âpredatory pricingâ that keeps an independent rival from gaining a foothold. When Diapers.com refused Amazonâs acquisition offer, Amazon lit $100mn on fire, selling diapers way below cost for months, until Diapers.com went bust, and Amazon bought them for pennies on the dollar.
Lily Tomlin used to do a character on the TV show Rowan & Martinâs Laugh-In, an AT&T telephone operator whoâd do commercials for the Bell system. Each one would end with her saying: âWe donât care. We donât have to. Weâre the phone company.â
Todayâs giants are not constrained by competition. They donât care. They donât have to. Theyâre Google.
Thatâs the first constraint gone, and as it slipped away, the second constraint â regulation â was also doomed.
When an industry consists of hundreds of small- and medium-sized enterprises, it is a mob, a rabble. Hundreds of companies canât agree on what to tell Parliament or Congress or the Commission. They canât even agree on how to cater a meeting where theyâd discuss the matter.
But when a sector dwindles to a bare handful of dominant firms, it ceases to be a rabble and it becomes a cartel. Five companies, or four, or three, or two or just one company can easily converge on a single message for their regulators, and without âwasteful competitionâ eroding their profits, they have plenty of cash to spread around.
This is why competition matters: itâs not just because competition makes companies work harder and share value with customers and workers; itâs because competition keeps companies from becoming too big to fail, and too big to jail.
Now, there are plenty of things we donât want improved through competition, like privacy invasions. After the EU passed its landmark privacy law, the GDPR, there was a mass-extinction event for small EU ad-tech companies. These companies disappeared en masse and thatâs a good thing. They were even more invasive and reckless than US-based Big Tech companies. We donât want to produce increasing efficiency in violating our human rights.
But: Google and Facebook have been unscathed by European privacy law. Thatâs not because they donât violate the GDPR. Itâs because they pretend they are headquartered in Ireland, one of the EUâs most notorious corporate crime havens. And Ireland competes with the EUâs other crime havens â Malta, Luxembourg, Cyprus and, sometimes, the Netherlands â to see which country can offer the most hospitable environment.
The Irish Data Protection Commission rules on very few cases, and more than two-thirds of its rulings are overturned by the EU courts, even though Ireland is the nominal home to the most privacy-invasive companies on the continent. So Google and Facebook get to act as though they are immune to privacy law, because they violate the law with an app.
This is where that third constraint, self-help, would surely come in handy. If you donât want your privacy violated, you donât need to wait for the Irish privacy regulator to act, you can just install an ad blocker.
More than half of all web users are blocking ads. But the web is an open platform, developed in the age when tech was hundreds of companies at each otherâs throats, unable to capture their regulators. Today, the web is being devoured by apps, and apps are ripe for enshittification. Regulatory capture isnât just the ability to flout regulation, itâs also the ability to co-opt regulation, to wield regulation against your adversaries.
Todayâs tech giants got big by exploiting self-help measures. When Facebook was telling MySpace users they needed to escape Murdochâs crapulent Australian social media panopticon, it didnât just say to those Myspacers, âScrew your friends, come to Facebook and just hang out looking at the cool privacy policy until they get here.â It gave them a bot. You fed the bot your MySpace username and password, and it would login to MySpace and pretend to be you, scraping everything waiting in your inbox and copying it to your Facebook inbox.
When Facebook, Apple and Google were doing this adversarial interoperability, it was progress. If you try to do it to them, itâs piracy
When Microsoft was choking off Appleâs market oxygen by refusing to ship a functional version of Microsoft Office for the Mac in the 1990s â so that offices were throwing away their designersâ Macs and giving them PCs with upgraded graphics cards and Windows versions of Photoshop and Illustrator â Steve Jobs didnât beg Bill Gates to update Mac Office. He got his technologists to reverse-engineer Microsoft Office and make a compatible suite, the iWork Suite, whose apps, Pages, Numbers and Keynote could read and write Microsoftâs Word, Excel and PowerPoint files.
When Google entered the market, it sent its crawler to every web server on earth, where it presented itself as a web-user: âHi! Hello! Do you have any web pages? Thanks! How about some more? How about more?â
But every pirate wants to be an admiral. When Facebook, Apple and Google were doing this adversarial interoperability, that was progress. If you try to do it to them, thatâs piracy.
Try to make an alternative client for Facebook and theyâll say you violated US laws such as the Digital Millennium Copyright Act and EU laws like Article 6 of the EU Copyright Directive. Try to make an Android program that can run iPhone apps and play back the data from Appleâs media stores and theyâd bomb you until the rubble bounced. Try to scrape all of Google and theyâll nuke you until you glow.
(continued in reply)
Techâs regulatory capture is mind-boggling. Take that law I mentioned earlier, Section 1201 of the Digital Millennium Copyright Act or DMCA. Bill Clinton signed it in 1998, and the EU imported it as Article 6 of the EUCD in 2001. It is a blanket prohibition on removing any kind of encryption that restricts access to a copyrighted work â things such as ripping DVDs or jailbreaking a phone â with penalties of a five-year prison sentence and a $500,000 fine for a first offence. This law has been so broadened that it can be used to imprison creators for granting access to their own creations. Hereâs how that works: In 2008, Amazon bought Audible, an audiobook platform. Today, Audible is a monopolist with more than 90 per cent of the audiobook market. Audible requires that all creators on its platform sell with Amazonâs âdigital rights managementâ, which locks it to Amazonâs apps.
So say I write a book, then I read it into a mic, then I pay a director and an engineer thousands of dollars to turn that into an audiobook, and sell it to you on the monopoly platform, Audible, that controls more than 90 per cent of the market. If I later decide to leave Amazon and want to let you come with me to a rival platform, I am out of luck. If I supply you with a tool to remove Amazonâs encryption from my audiobook, so you can play it in another app, I commit a felony, punishable by a five-year sentence and a half-million-dollar fine, for a first offence.
Thatâs a stiffer penalty than you would face if you simply pirated the audiobook from a torrent site. But itâs also harsher than the punishment youâd get for shoplifting the audiobook on CD from a truck stop. Itâs harsher than the sentence youâd get for hijacking the truck that delivered the CD.
Think of our ad blockers again. Fifty per cent of web users are running ad blockers. Zero per cent of app users are running ad blockers, because adding a blocker to an app requires that you first remove its encryption, and thatâs a felony. (Jay Freeman, the American businessman and engineer, calls this âfelony contempt of business-modelâ.)
So when someone in a boardroom says, âLetâs make our ads 20 per cent more obnoxious and get a 2 per cent revenue increase,â no one objects that this might prompt users to google, âHow do I block ads?â After all, the answer is, you canât. Indeed, itâs more likely that someone in that boardroom will say, âLetâs make our ads 100 per cent more obnoxious and get a 10 per cent revenue increase.â (This is why every company wants you to install an app instead of using its website.)
Thereâs no reason that gig workers who are facing algorithmic wage discrimination couldnât install a counter-app that co-ordinated among all the Uber drivers to reject all jobs unless they reach a certain pay threshold. No reason except felony contempt of business model, the threat that the toolsmiths who built that counter-app would go broke or land in prison, for violating DMCA 1201, the Computer Fraud and Abuse Act, trademark, copyright, patent, contract, trade secrecy, nondisclosure and noncompete or, in other words, âIP lawâ.
IP isnât just short for intellectual property. Itâs a euphemism for âa law that lets me reach beyond the walls of my company and control the conduct of my critics, competitors and customersâ. And âappâ is just a euphemism for âa web page wrapped in enough IP to make it a felony to mod it, to protect the labour, consumer and privacy rights of its userâ.
We donât care. We donât have to. Weâre the phone company.
What about that fourth constraint: workers? For decades, tech workersâ bargaining power and vocational awe put a ceiling on enshittification. Even after the tech sector shrank to a handful of giants. Even after they captured their regulators. Even after âfelony contempt of business modelâ and extinguished self-help for tech users. Tech was still constrained by their workersâ sense of moral injury in the face of the imperative to enshittify.
Remember when tech workers dreamt of working for a big company for a few years, before striking out on their own to start their own company that would knock that tech giant over? That dream shrank to: work for a giant for a few years, quit, do a fake start-up, get âacqui-hiredâ by your old employer, as a complicated way of getting a bonus and a promotion. Then the dream shrank further: work for a tech giant for your whole life, get free kombucha and massages on Wednesdays.
And now, the dream is over. All thatâs left is: work for a tech giant until they fire you, like those 12,000 Googlers who got fired last year, eight months after a stock buyback that would have paid their salaries for the next 27 years.
Workers are no longer a check on their bossesâ worst impulses. Today, the response to âI refuse to make this product worseâ is âturn in your badge and donât let the door hit you in the ass on the way outâ.
I get that this is all a little depressing. OK, really depressing. But hear me out! Weâve identified the disease. Weâve identified its underlying mechanism. Now we can get to work on a cure.
There are four constraints that prevent enshittification: competition, regulation, self-help and labour. To reverse enshittification and guard against its re-emergence, we must restore and strengthen each of these.
On competition, itâs actually looking pretty good. The EU, the UK, the US, Canada, Australia, Japan and China are all doing more on competition than they have in two generations. Theyâre blocking mergers, unwinding existing ones, taking action on predatory pricing and other sleazy tactics. Remember, in the US and Europe, we already have the laws to do this; we just stopped enforcing them.
Iâve been fighting these fights with the Electronic Frontier Foundation for 22 years now, and Iâve never seen a more hopeful moment for sound, informed tech policy.
My big hope here is that Steinâs Law will take hold: anything that canât go on for ever will eventually stop
Now, the enshittifiers arenât taking this lying down. Take Lina Khan, the brilliant head of the US Federal Trade Commission, who has done more in three years on antitrust than the combined efforts of all her predecessors over the past 40 years. The Wall Street Journalâs editorial page has run more than 80 pieces trashing Khan, insisting that sheâs an ineffectual ideologue who canât get anything done. Sure, thatâs why you ran 80 editorials about her. Because she canât get anything done.
Reagan and Thatcher put antitrust law in a coma in the 1980s. But itâs awake, itâs back and itâs pissed off.
What about regulation? How will we get tech companies to stop doing that one weird trick of adding âwith an appâ to escape enforcement?
Well, here in the EU, theyâre starting to figure it out. Recently, the main body of the Digital Markets Act and the Digital Services Act went into effect, and they let people who get screwed by tech companies go straight to the European courts, bypassing the toothless watchdogs in places like Ireland.
In the US, they might finally get a digital privacy law. You probably have no idea how backwards US privacy law is. The last time the US Congress enacted a broadly applicable privacy law was in 1988. The Video Privacy Protection Act makes it a crime for video-store clerks to leak your video-rental history. It was passed after a rightwing judge who was up for the Supreme Court had his rentals published in a DC newspaper. The rentals werenât even all that embarrassing.
Sure, that judge, Robert Bork, wasnât confirmed for the Supreme Court, but that was because he was a virulent loudmouth who served as Nixonâs solicitor-general. Still, Congress got the idea that their own video records might be next, freaked out and passed the VPPA. That was the last time Americans got a big, national privacy law. And the thing is, there are a lot of people who are angry about it. Worried that Facebook turned Grampy into a QAnon? That Insta made your teen anorexic? That TikTok is brainwashing Gen Z into quoting Osama bin Laden?
Or that cops are rolling up the identities of everyone at a Black Lives Matter protest or the Jan 6 riots by getting location data from Google?
Or that red state attorneys-general are tracking teen girls to out-of-state abortion clinics?
Or that Black people are being discriminated against by online lending or hiring platforms?
Or that someone is making AI deepfake porn of you?
Having a federal privacy law with a private right of action â which means that individuals can sue companies that violate their privacy â would go a long way to rectifying all of these problems. Thereâs a big coalition for that kind of privacy law.
What about self-help? Thatâs a lot farther away, alas. The EUâs DMA will force tech companies to open up their walled gardens for interoperation. Youâll be able to use WhatsApp to message people on iMessage, or quit Facebook and move to Mastodon, but still send messages to the people left behind. But if you want to reverse-engineer one of those Big Tech products and mod it to work for you, not them, the EUâs got nothing for you. This is an area ripe for improvement. My big hope here is that Steinâs Law will take hold: anything that canât go on forever will eventually stop.
Finally, thereâs labour. Here in Europe, thereâs much higher union density than in the US, which American tech barons are learning the hard way. There is nothing more satisfying in the daily news than the recent salvo by Nordic unions against that Tesla guy. But even in the US, thereâs a massive surge in tech unions. Tech workers have realised theyâre not founders-in-waiting. In Seattle, Amazonâs tech workers walked out in sympathy with Amazonâs warehouse workers, because theyâre all workers.
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Weâre seeing bold, muscular, global action on competition, regulation and labour, with self-help bringing up the rear. Itâs not a moment too soon, because the bad news is enshittification is coming to every industry. If itâs got a networked computer in it, the people who made it can run the Darth Vader MBA playbook on it, changing the rules from moment to moment, violating your rights and then saying: âItâs OK, we did it with an app.â
From Mercedes effectively renting you your accelerator pedal by the month to Internet of Things dishwashers that lock you into proprietary dish soap, enshittification is metastasising into every corner of our lives. Software doesnât eat the world, it just enshittifies it.
Thereâs a bright side to all this: if everyone is threatened by enshittification, then everyone has a stake in disenshittification. Just as with privacy law in the US, the potential anti-enshittification coalition is massive. Itâs unstoppable.
The cynics among you might be sceptical that this will make a difference. After all, isnât âenshittificationâ the same as âcapitalismâ? Well, no.
Iâm not going to cape for capitalism. Iâm hardly a true believer in markets as the most efficient allocators of resources and arbiters of policy. But the capitalism of 20 years ago made space for a wild and woolly internet, a space where people with disfavoured views could find each other, offer mutual aid and organise. The capitalism of today has produced a global, digital ghost mall, filled with botshit, crap gadgets from companies with consonant-heavy brand names and cryptocurrency scams.
The internet isnât more important than the climate emergency, gender justice, racial justice, genocide or inequality. But the internet is the terrain weâll fight those fights on. Without a free, fair and open internet, the fight is lost before itâs joined.
We can reverse the enshittification of the internet. We can halt the creeping enshittification of every digital device. We can build a better, enshittification-resistant digital nervous system, one that is fit to co-ordinate the mass movements we will need to fight fascism, end genocide, save our planet and our species.
Martin Luther King said: âIt may be true that the law cannot make a man love me, but it can stop him from lynching me, and I think thatâs pretty important.â And it may be true that the law canât force corporations to conceive of you as a human being entitled to dignity and fair treatment, and not just an ambulatory wallet, a supply of gut bacteria for the immortal colony organism that is a limited liability corporation. But it can make them fear you enough to treat you fairly and afford you dignity â even if they donât think you deserve it.
Cory Doctorow is a special adviser to the Electronic Frontier Foundation and a visiting professor of computer science at the Open University. His next book âThe Bezzleâ, published by Head of Zeus, is out this month. This piece is adapted from his Marshall McLuhan Lecture, delivered at the Embassy of Canada in Berlin last month
yeah I salute our troops
Thank you!
it didnât stop him though
o7