News

Friday 2026-04-10

05:00 PM

HBO Obtains DMCA Subpoena to Unmask ‘Euphoria’ Spoiler Account on X [TorrentFreak]

euphoriaHBO has a history of being plagued by high-profile leaks.

Several Game of Thrones episodes leaked in the past, and the same applies to the sequel, House of the Dragon.

With the long-awaited third season of HBO’s hit series Euphoria coming up this weekend, the company was on high alert. So, when it saw several ‘spoilers’ being posted by an X account operating under the name “Lexi howard’s cat”, it wasted no time to take action.

Not the infringing tweet

lexi

The Lexi-inspired fan account has been around for a long time, sharing various Euphoria-related updates. However, a series of posts that were published in late March appeared to have hit too close to home.

On March 31, HBO’s parent company, Warner Bros. Discovery (WBD) sent a takedown notice to X, flagging several posts. According to Michael Bentkover, WBD’s Director of Worldwide Online Enforcement, these were “spoilers for unaired episodes of our Euphoria TV Series”.

TorrentFreak was unable to find out what was posted exactly, but the DMCA notice identifies it as video/audiovisual recording.

The DMCA notice

takedown

X confirmed receipt on the same day and presumably removed the posts. However, that was not the end of it. A week later, on April 7, the company requested a DMCA subpoena at a California federal court, with the goal to identify the person behind the @maudesfancat account.

DMCA subpoenas are relatively easy to obtain, as they only require a court clerk to sign off, which indeed happened a day later.

The issued subpoena requires X to share information sufficient to identify the person behind the account. This includes names, addresses, telephone numbers, email addresses, account numbers, IP addresses, and any other contact or billing records held by the platform.

The signed subpoena

subp

Unlike the DMCA notice, where WBD used “video” to describe the content, the declaration to the court by Michael Bentkover classifies the infringing content as “summaries of unpublished, character, setting, and plots of a forthcoming series”.

This distinction may matter, as a summary of a plot may not enjoy the same protection as a leaked video. Copyright generally protects the expression of a work, not the underlying ideas or plot descriptions.

Then again, Bentkover also states that the user in question “posted access to HBO’s unpublished, copyright protected work from its forthcoming series,” which sounds substantial.

For now, X Corp. has until April 23 to respond. Legally, both X and the account holder can challenge the subpoena, but no objections have been submitted in court yet. Meanwhile, the ‘Lexi howard’s cat’ account is no longer online.

A copy of the subpoena, filed April 8 at the U.S. District Court for the Northern District of California, is available here (pdf). The notice of filing and supporting declaration can be found here (pdf).

From: TF, for the latest news on copyright battles, piracy and more.

03:00 PM

Court Dismisses Pepperdine’s Nonsense Trademark Suit Against Netflix Over ‘Running Point’ [Techdirt]

A little over a year ago, we wrote about a fairly silly lawsuit filed against Netflix (and Warner Bros.) by Pepperdine University in California for trademark infringement. At issue is the Netflix show Running Point, which is a fictionalized story of a female executive thrust into ownership of a professional basketball team, inspired by the Lakers’ Jeannie Buss, who is also an Executive Producer on the show. The show’s fictional team, which is supposed to be a reference to the NBA’s Los Angeles Lakers, is called “The Waves”. Pepperdine’s sports teams are also called “The Waves”, which the school claimed made all of this trademark infringement.

They were wrong about that, as we said in the previous post. Creative works are given wide latitude in trademark law, specifically in that the Rogers test typically applies. Even in the aftermath of the Supreme Court’s terrible ruling on parody in the case of the Bad Spaniels and Jack Daniels lawsuit, this was always a situation in which the Rogers test would definitely apply. Specifically, SCOTUS’ decision that Rogers doesn’t apply when the offending trademark is used as a source identifier, because we’re talking about a fictional team used in a wider work of fiction, meaning the use isn’t an identifier or any source.

Netflix and Warner petitioned for dismissal for those very reasons and the now the court has agreed and the suit has been dismissed.

U.S. District Judge Cynthia Valenzuela said ‌on Tuesday , opens new tab that the fictional Los Angeles Waves basketball team in “Running Point” did not violate the Malibu, California, school’s rights because the show did not use the “Waves” name and ​logo as trademarks.

The ruling goes into much more detail, of course. It very specifically examines whether the Rogers test applies, deciding it does based on the usage. For example:

Here, Plaintiff fails to allege that the Waves mark was used by Defendants to exploit the success of Plaintiff’s sports teams or to create an association between the Running Point series and Pepperdine’s teams. Rather, at most, the FAC shows that the Waves mark is “immediately recognized” to identify the Running Point series, and that its use is synonymous with the series. These allegations, which Plaintiff concludes show that the Waves mark is used to “identify the show” are still not sufficient to show that the Waves mark was used as a designation of source for the series. Plaintiff’s repeated use of the words “identify” and “source-identification” do not actually show how the Waves mark was used to identify the source of the series. Rather, here, Defendants clearly claim to be the source of the series.

Finally, the Court is not persuaded by Plaintiff’s arguments regarding the marketing of the show or Defendants’ behavior in similar uses. Although Plaintiff alleges that Defendants’ used the Waves mark in marketing the Running Point series, this does not alter the Court’s above analysis that the Waves mark is not used to identify the source of the series. And the fact that Defendants have obtained trademarks in fictional businesses central to their shows in the past again does not show that Defendants have used the Waves mark to identify the source of Running Point here.

The ruling goes on to note that if Rogers applies, the Lanham Act does not. With source identifying out of the equation, the only remaining question is if the use in this case is artistically relevant. As the fictional team the main character owns, the name of that team is obviously artistically relevant.

Pepperdine has been given leave to amend its complaint into something that is actually legally sound, but I’m struggling to understand what that would even be. In lieu of an amended complaint, it seems that some creative works are still protected some of the time from nonsense trademark infringement claims, even in a post Bad Spaniels world.

10:00 AM

Ctrl-Alt-Speech: Honey, I Shrunk the Kids’ Internet [Techdirt]

Ctrl-Alt-Speech is a weekly podcast about the latest news in online speech, from Mike Masnick and Everything in Moderation‘s Ben Whitelaw.

Subscribe now on Apple Podcasts, Overcast, Spotify, Pocket Casts, YouTube, or your podcast app of choice — or go straight to the RSS feed.

In this week’s roundup of the latest news in online speech, content moderation and internet regulation, Ben is joined by Fadza Madzingira, a digital policy expert with a decade of experience at Meta, Salesforce, Ofcom and currently Twitch, where she leads the policy, outreach and education teams. Together, they discuss:

We’re still yet to find a Ctrl-Alt-Speech 2026 Bingo Card winner — could this week be your lucky day? Play along.

06:00 AM

A Baseless Copyright Claim Against A Web Host — And Why It Failed [Techdirt]

Copyright law is supposed to encourage creativity. Too often, it’s used to extract payouts from others.

Higbee & Associates, a law firm known for sending copyright demand letters to website owners, targeted May First Movement Technology, accusing it of infringing a photograph owned by Agence France-Presse (AFP). The claim was baseless. May First didn’t post the photo. It didn’t even own the website where the photo appeared.

May First is a nonprofit membership organization that provides web hosting and technical infrastructure to social justice groups around the world. The allegedly infringing image was posted years ago by one of May First’s members, a human rights group based in Mexico. When May First learned about the copyright complaint, it ensured that the group removed the image.

That should have been the end of it. Instead, the firm demanded payment.

So EFF stepped in as May First’s counsel and explained why AFP and Higbee had no valid claim. After receiving our response, Higbee backed down.

This outcome is a reminder that targets of copyright demands often have strong defenses—especially when someone else posted the material.

Hosting Content Isn’t the Same as Publishing It

Copyright law treats those who create or control content differently from those who simply provide the tools or infrastructure for others to communicate.

In this case, May First provided hosting services but didn’t post the photo. Courts have long recognized that service providers aren’t direct infringers when they merely store material at the direction of users. In those cases, service providers lack “volitional conduct”—the intentional act of copying or distributing the work.

Copyright law also recognizes that intermediaries can’t realistically police everything users upload. That’s why legal protections like the Digital Millennium Copyright Act safe harbors exist. Even outside those safe harbors, courts still shield service providers from liability when they promptly respond to notices.

May First did exactly what the law expects: it notified its member, and the image came down.

A Claim That Should Have Been Withdrawn Much Sooner

The troubling part of this story isn’t just that a demand was sent. It’s that Higbee and AFP continued to demand money and threaten litigation after May First explained that it was merely a hosting provider and had the image removed.

In other words, the claim was built on shaky legal ground from the start. Once May First explained its role, Higbee should have withdrawn its demand. Individuals and small nonprofits shouldn’t need lawyers just to stop aggressive copyright shakedowns.

Statutory Damages Fuel Copyright Abuse

This isn’t an isolated case—it’s a predictable result of copyright law’s statutory damages regime.

Statutory damages can reach $150,000 per work, regardless of actual harm. That enormous leverage incentivizes firms like Higbee to send mass demand letters seeking quick settlements. Even meritless claims can generate revenue when recipients are too afraid, confused, or resource-constrained to fight back.

This hits community organizations, independent publishers, and small service providers that don’t have in-house legal teams especially hard. Faced with the threat of ruinous statutory damages, many just pay what is demanded.

That’s not how copyright law should work.

Know Your Rights

If you receive a copyright demand based on material someone else posted, don’t assume you’re liable.

You may have defenses based on:

  • Your role as a hosting or service provider
  • Lack of volitional conduct
  • Prompt removal of the material after notice
  • The statute of limitations
  • The copyright owner’s failure to timely register the work
  • The absence of actual damages

Every situation is different, but the key point is this: a demand letter is not the same as a valid legal claim.

Standing Up to Copyright Trolls

May First stood its ground, and Higbee abandoned its demand after we explained the law.

But the bigger problem remains. Copyright’s statutory damages framework enables aggressive enforcement tactics that targets the wrong parties, and chills lawful online activity.

Until lawmakers fix these structural incentives, organizations and individuals will keep facing pressure to pay up—even when they’ve done nothing wrong.

If you get one of these demand letters, remember: you may have more rights than it suggests.

Republished from EFF’s Deeplinks blog.

04:00 AM

Someone Filed a Bogus DMCA Notice to Kill a Story About A Sketchy SEO Firm. It Worked — Briefly. [Techdirt]

We’ve talked for years about how the DMCA’s notice-and-takedown system is ripe for abuse. The legal structure of the law practically begs for such abuse: send a notice, content disappears, and the target has to fight through a slow counter-notice process to maybe get it back. The system rewards speed of takedowns over accuracy because the burden of getting it wrong really only works one way. Sites have incentive to take content down first and ask questions later to avoid facing expensive liability. Getting it wrong may frustrate those whose content has disappeared, but there’s basically no legal cost to the platform. But if they get something wrong and leave infringing content up, they could face a very expensive legal bill. Which means anyone with something to hide and no particular attachment to honesty has a ready-made censorship tool at their disposal.

And while Google is rare in that it is much more aggressive in rejecting DMCA notices than most other sites, that doesn’t mean that it’s perfect.

Last week, Press Gazette published an investigation into Clickout Media, a UK-based company that has been buying up respected online news outlets, gutting their newsrooms, replacing human journalists with AI-generated writers (complete with AI-generated profile photos), and stuffing the sites full of affiliate links to offshore gambling operations. The whole game is to exploit the acquired sites’ reputations and search rankings — what’s known as “parasite SEO” — to drive gambling traffic through what look like legitimate publications. It’s a really excellent piece of reporting about a practice that is gutting digital news brands. Just a quick snippet, though it’s worth reading the whole thing:

Speaking anonymously, one former Clickout Media employee said: “I was moved from site to site. Writing guidelines and strategies changed every other week with very little explanation. At first, I didn’t write casino content, but then I wrote articles on bets and odds. Then AI articles started appearing.”

The owners of one site bought by UK-based Clickout Media said they were approached by anonymous buyers in the first instance.

The organisation has previously bought multiple sites in football and women’s sports (Football Blog, She Kicks, Sportslens, Sportslens UK, Sportscasting UK, Football Blog UK), as well as gambling sites, including Gambling Insider, for which it is suggested Clickout Media paid at least £12m.

However, within days of being published, the exposé disappeared from Google’s search results, removed after a DMCA copyright complaint.

A search of the exact Press Gazette headline: “The SEO parasites buying, exploiting and ultimately killing online newsbrands” does not bring the article up.

A note at the bottom of the Google search results page reveals for this query states: “In response to multiple complaints that we received under the US Digital Millennium Copyright Act, we have removed 2 results from this page. If you wish, you may read the DMCA complaints that caused the removals at LumenDatabase.org: Complaint, Complaint.”

A follow-up article by Search Engine Land covering the same topic was also removed (that’s the second “complaint” link above). So whoever was behind this was being thorough.

Now, Press Gazette doesn’t definitively identify who filed the takedown notice, and we should be careful here too. The complaint was filed anonymously from “US Hub” which gives us little info but which Press Gazette notes “suggests the complaint originated outside the US.” You can connect the dots yourself on who has a reason to make an investigative exposé of Clickout Media vanish from search results, but we can’t say for certain.

What we can say for certain is that the takedown notice itself is laughably, almost impressively, bogus. You can read it yourself over at the Lumen Database. The complaint claims Press Gazette’s entirely original investigation infringes on an unrelated article published by The Verge. That Verge article? It’s actually about Google cracking down on sketchy SEO practices, the likes of which Clickout Media seems to engage in. Which is, if nothing else, a spectacularly on-the-nose URL to attach to a fraudulent takedown of an article about sketchy SEO practices.

The language of the notice is quite something:

The infringing news website has blatantly and willfully violated copyright law by copying our entire content word for word, including all images, which are solely owned by our company. This includes the complete replication of our original written material, as published on our official website, along with the proprietary visuals accompanying it. Despite multiple good-faith efforts to resolve this matter amicably, the infringing party (hereinafter referred to as “Infringer”) continues to unlawfully publish and distribute our copyrighted content without permission. This is a direct and flagrant breach of our rights and a clear violation of Google’s copyright policies. We hereby demand the immediate removal of this infringing material from Google search results to protect our intellectual property.

None of that is true. Not one word. The Press Gazette article is original reporting. It has nothing to do with the Verge piece cited as the “original” work. There were no “multiple good-faith efforts to resolve this matter amicably,” because there was no infringement to resolve. The whole thing reads like someone fed a prompt into a chatbot asking it to write an angry-sounding but legally meaningless DMCA notice, and then pointed it at an article they wanted to disappear.

As the Press Gazette report on the bogus takedown notes, SEO experts found the whole thing bizarre, in part because Google is actually much better than most at sniffing out bullshit DMCA takedowns. But this one they missed.

Writing on X, SEO consultant Glenn Gabe said: “Surprised this was approved by Google…This is a BS DMCA takedown that doesn’t even make sense.”

Google processes an absolutely massive volume of takedown requests and rejects a good chunk of them. But this is the Impossibility Theorem in action: at that kind of scale, even a system that works well most of the time will let nonsense through sometimes. One bad notice that should have been caught in a ten-second review slips past, and suddenly a major piece of investigative journalism is invisible to anyone searching for it.

The good news is that, as of March 31, the Press Gazette article was reinstated in Google’s search results. The system worked, eventually. But that ‘eventually’ is doing a lot of heavy lifting. The article was invisible during what was probably the peak window of public interest in the story. Legal challenges to DMCA takedowns can take weeks or months to resolve, and the people who file these bogus notices know that. The copyright-enabled censorship just has to last long enough to blunt the impact.

For what it’s worth, the Press Gazette isn’t the only outlet digging into Clickout Media’s practices. Aftermath recently published its own extensive investigation based on eight months of reporting and interviews with more than two dozen current and former employees. That piece documents AI-generated author profiles, fake credentials (one supposed writer claimed an MA from Oxford in a program the university confirmed has never existed), writers being told never to publicly acknowledge any connection to Clickout Media, and a systematic strategy of acquiring beloved gaming publications only to fill them with crypto casino links.

Clickout Media is getting more and more negative attention, and Streisanding the Press Gazette story by having it removed from search will probably just attract more investigative reporters to the subject.

The company already has a pretty sketchy pattern: buy a respected publication, exploit its reputation, squeeze out whatever search ranking value you can, and discard the husk. And when someone publishes an article documenting what you’re doing, apparently get someone to file a bullshit copyright claim to make that article disappear too. It’s sketchy SEO all the way down.

This is why those of us who spend our time in the weeds of internet law won’t shut up about how legal liability systems are structured. The DMCA’s notice-and-takedown framework already gives bad actors a weapon to suppress speech. You don’t need a legitimate copyright claim. You don’t even need a coherent one. You just need to file the paperwork and wait for an automated system to do its thing.

And every time someone proposes weakening Section 230, or creating new obligations for platforms to proactively police third-party content, or imposing liability for hosting material that someone claims is harmful — they are, whether they realize it or not, proposing to hand bad actors this same kind of weapon in a dozen new calibers. The DMCA is the version of this we already have, and we can see plainly how it gets abused. We should be fixing the current system, and punishing the widespread abuses, rather than spreading that same broken incentive structure to every other area of online speech.

Bad actors will always exploit whatever legal lever is available to suppress content they don’t like. The question for policymakers is whether you’re going to keep handing them more levers. These kinds of bogus DMCA takedowns should be a warning for all those demanding reforms “weakening” Section 230. Because if you think bogus DMCA takedowns are bad now, just wait until they’re not just about copyright.

Daily Deal: The 2026 Canva Bundle [Techdirt]

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Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

03:00 AM

Wikimedia Commons picture of the day for April 7 [Wikimedia Commons picture of the day feed]

Picture of the day
The Ziegeleisee in Böckingen, Heilbronn, Germany, view in spring. In the centre a landing mute swan (Cygnus olor).

Wikimedia Commons picture of the day for April 9 [Wikimedia Commons picture of the day feed]

Picture of the day
Sun rises over a wintry landscape. Location, Langweerderwielen (Langwarder Wielen) and surroundings.

The World Is Yours [Techdirt]

Forgive me for this digression. I know it’s usually left to Mike Masnick to lift us up from our collective doldrums when things seem even more hopeless than they did last year. His New Year’s posts are never wrong. There are always silver linings, even if the filigree is more difficult to detect with each passing year.

This isn’t about Mike or silver linings or the as of yet unfulfilled promise of the New Year. This is a post written by a die hard defeatist and cynic who generally views each passing moment with increasing levels of defeatism.

But I’m wrong. Mike is actually right, even if my spirits often pretend they’re anchored to the ground like so many pre-oh-the-humanity German-built dirigibles.

I will tell you why I’m wrong. And it’s embarrassing. I have plenty to say about lots of stuff but I rarely convert my words into action. Recently, however, I did. And it has made all the difference.

At the request of my oldest kid, we attended the recent “No Kings” rally in Sioux Falls. I was clad in my finest Da Share Zone anti-ICE gear:

He was wearing my protest alternate, a Black Sabbath-inspired bit of rhetoric sure to piss off white Christian nationalists:

Suitably suited, we headed to the protest with a friend of mine and his wife.

Long story short, it was life-affirming. It was exactly what anyone who feels they are losing hope needs. I feel I’m pretty good with word stuff, but I think Will Bunch absolutely nailed it in his post-No Kings column for the Philadelphia Inquirer. Quoting Marlon Brando’s mantra in The Wild One (“What are you rebelling against? Whaddya got?”), Bunch moves on to quote real people engaged in protests against something both nebulous and evil… and finding solace in being around people just like them.

“You feel less isolated when you see everybody here, and then they feel less isolated,” Nancy Harris, a 62-year-old retired mental-health crisis counselor from Prospect Park, told me over the steady car honks from supportive motorists. “And I think it just motivates people in general…just putting good vibes out into the universe.”

There’s more. Here’s a 75-year-old protester who not only knows what’s at stake, but knows why you should never give up:

“I’ve been going up against the establishment my whole life,” said [John] Coia, speaking for a generation that grew up exercising its all-American right of free speech and, now in old age, is determined to keep using it while they still can. I asked him what was the last straw with Trump that convinced him to join “No Kings.”

“There is no last straw,” he said over the car honks. “It just keeps going. There’s a new straw every day.”

Both of these things can be true.

You can find hope in being with people who share your beliefs. You can also feel the fight is never-ending because the current administration just won’t stop being abjectly evil.

But the first thing is what matters: the government may never stop being evil, no matter who’s currently sitting behind the Resolute Desk. And people who want the government to serve the people and be less evil will always exist. The ebb and flow of these constants may shift the prevailing narrative, but it can’t undermine the actual truth — something Mike highlighted in a recent post about the horrors perpetrated by the administration in Minneapolis, Minnesota.

Here’s the quote from the Atlantic’s Adam Serwer that Mike highlighted in a long, must-read post that pointed out everything that’s right about America, even when everything seems to be going wrong:

The secret fear of the morally depraved is that virtue is actually common, and that they’re the ones who are alone.

This is where we come together. Until recently, I believed that “coming together” was just a meeting of the minds. But that’s just preaching to the converted, which doesn’t really do much, even if my “converted” are objectively better people than the MAGA “converted.”

What really matters is that people are resisting in increasingly large numbers. We often consider the word “community” to be a cliche because that’s how the government uses it (for example, “Intelligence Community”). We view it with the same (healthy!) suspicion as we would statements delivered by company officials claiming they treat employees like “family.”

It never means anything until you’ve actually experienced (firsthand) a good one. “Family” isn’t a compliment if yours sucks. The same can be said for any “community.”

Unlike families, you can choose your community. You don’t have to align yourselves with empty mouths spewing even emptier platitudes. You just need to go out and see for yourself. Sure, I’m my own anecdata in this post. But trust me, if things feel hopeless, all you really need is the company of people who do this day in and day out, despite the table being stacked against them.

I’m sure many (if not nearly all) of you have already had this experience. My greatest regret is that I put it off for so long. No one who truly believes in the cause will care one way or another about your day-to-day devotion. They’ll welcome you and stand beside you. Participation can be its own reward. And you’ll leave feeling more inspired to be the change we need in this world.

I just wish I had done this sooner. The world is ours. Let’s go take it.

02:00 AM

Attention and effort [Seth Godin's Blog on marketing, tribes and respect]

The door-to-door salesperson had no leverage. If he was at your door, he wasn’t at anyone else’s door. Every minute you spent with him was a minute he had to spend with you. While it was a tough gig, no one doubted that something was motivating this person enough to put at least as much into the interaction as you were. You might close the door in the face of the person who rang your bell, but at some level, you knew that another human was involved.

Spammers play a different scheme. One person can steal the time and attention of a million. It costs them nothing (actually, truly, nothing) to add one more name to the list. The lack of care and discernment comes through in their interactions. They steal attention in bulk and treat it casually. No one feels bad when they delete or filter spam.

In B2B selling and other high-value sales calls, the seller puts in a lot of effort. A custom presentation deck, useful spreadsheets, even a flight across the country to meet in person. That effort is expected, because the buyer sees their attention as valuable.

And now, here come AI agents. These are spammers disguised as door-to-door salespeople. They know your name, your history, your details–and they present a pitch that looks and feels as though a human spent a lot of time thinking about it and focusing on the buyer’s needs and desires.

But it’s done on a huge scale. It’s like seine fishing. A huge net is set to catch as many fish as possible, with no regard for the mass destruction it causes as a result.

Our instinct is to respect the work of a pitch that took more effort to create than it will cost us to consume (that’s why books are more respected than blog posts!). But AI agents, working at high speed to churn through the small amount of trust and attention we have left, upend that expectation.

Attention and trust continue their dance, and our choices determine how we’ll show up in the marketplace. Burning trust to get attention rarely pays off.

      

Pluralistic: Cindy Cohn's "Privacy's Defender" (09 Apr 2026) [Pluralistic: Daily links from Cory Doctorow]

->->->->->->->->->->->->->->->->->->->->->->->->->->->->-> Top Sources: None -->

Today's links



Cindy Cohn's "Privacy's Defender" (permalink)

I've known EFF executive director Cindy Cohn for 27 years. I met her when I needed cyberlaw advice for a startup I'd helped found. We got along so well that I ended up quitting the startup and going to work at EFF. Now, Cindy's memoir, Privacy's Defender, is on the shelves:

https://mitpress.mit.edu/9780262051248/privacys-defender/

I'm hardly a disinterested party here, obviously. I was at Cindy's wedding, I've danced with her at Burning Man, and I've worked with her for most of my adult life. What's more, I was present for many of the pivotal moments she recounts in this book. But still: this is a great book that I found utterly captivating.

Cohn's been with EFF since its earliest days, when she litigated one of the most important cases in computing history, the Bernstein case, which legalized civilian access to encryption technology and changed the world:

https://www.eff.org/deeplinks/2015/04/remembering-case-established-code-speech

Cryptographers had been arguing with the US government over the ban on working encryption technology for years before Cohn joined the fight, and they'd tried all manner of arguments to overturn the ban: technical arguments, political arguments, financial arguments. All of these efforts failed – they didn't even make a dent.

Cohn's genius was the way she formulated a free speech argument about the ban on encryption: arguing that computer code was a form of expressive speech, entitled to protection under the First Amendment. While she didn't come up with this idea, it was her gift for assembling a narrative and a cadre of unimpeachable experts that carried the day.

In this age of bad faith right-wing trolling about "free speech" and "cancel culture," it's easy to forget how central free speech cases and causes have been for the advancement of human rights and human thriving. Free speech cases gave us the nation's first privacy protections, protection for unions, and protection for civil rights organizers.

Cohn never forgets this. Her decades with EFF are a history of the fight for speech rights (and thus privacy rights) on the internet. After the US government seized on the 9/11 attacks as a pretext to dismantle privacy and turn the internet into a system of ubiquitous surveillance, Cohn (along with EFF, of course!) was at the center of the fight for digital rights. The same prescience and strategic brilliance that led her to take up the Bernstein case and win it were with her through those millennial years, and her description of our cases, campaigns and fights in those years vividly foreshadows the moment we are in today.

The same goes for her "three letter agency" chapter, which takes up our fights against the NSA and other US agencies in the wake of whistleblower disclosures by Mark Klein and Edward Snowden. These accounts are one part master class in legal tactics; one part battle cry for a global pushback against the transformation of the internet into the perfect surveillance and control machine, and one part personal memoir of a tactician, finding ways to leverage a righteous cause to raise a guerrilla army of experts, co-counsel, amici, and champions who carried our message to the world.

All of this is connected back to her other legal career, as a human rights defender litigating on behalf of the survivors of a massacre perpetrated by a death squad working on behalf of Chevron in Nigeria. Cohn skilfully connects these very concrete, visible human rights struggles to the invisible – and no less important – human rights work she carried out for EFF.

I didn't just have a front-row seat for this stuff – I had backstage passes for a lot of it (though not the juiciest national security cases, which required EFF lawyers to maintain total secrecy from colleagues, spouses, even our board, on pain of a long prison sentence for disclosing classified information). Even so, Cohn's pacey, smart retelling of these events brought them to life for me, and of course, there's a coherence that you get after the fact that is missing when you're living through it in a moment.

But what really enlivened this delightful book were the personal details that Cohn weaves into the story. I've always known that she was an adoptee (and I even have a small, strange, coincidental connection to her birth family), but Cohn's intimate, personal, frank memoir of her early family life, and her bittersweet connection to her birth family were so intimate and well-told that I felt like I was getting to know my dear friend all over again.

Cindy is retiring from EFF (but not the law) in a couple of months. This book is a beautiful capstone to a brilliant career that defined the fight for cyber rights, and a deep, accessible dive into the defining tech and human rights battles of this century.


Hey look at this (permalink)



A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

Object permanence (permalink)

#15yrsago Advanced office-supply sculpture: paperclip dodecahedron https://web.archive.org/web/20171122055732/https://makezine.com/2011/04/07/paperclip-snub-dodecahedron/

#15yrsago World Bank: gold farming (etc) paid poor countries $3B in 2009 https://web.archive.org/web/20110410134037/http://www.infodev.org/en/Publication.1056.html

#15yrsago Class war comics: Scrap Iron Man versus international capital https://web.archive.org/web/20110410215907/https://www.chinamieville.net/post/4406165249/rejected-pitch

#15yrsago Colombian Justice Minister ramming through extremist copyright legislation without public consultation https://web.archive.org/web/20110707053554/http://karisma.org.co/?p=667

#15yrsago Glenn Beck’s brain https://www.motherjones.com/politics/2011/03/glenn-beck-fox-news-brain-chart/

#10yrsago Why 40 years of official nutritional guidelines prescribed a low-fat diet that promoted heart disease https://www.theguardian.com/society/2016/apr/07/the-sugar-conspiracy-robert-lustig-john-yudkin

#10yrsago Fearing the Pirate Party, Iceland’s government scrambles to avoid elections https://web.archive.org/web/20160407183022/https://theintercept.com/2016/04/07/icelands-government-tries-cling-protesters-pirates-gates/

#10yrsago The price of stealing an identity is crashing, with no bottom in sight https://qz.com/656459/its-never-been-cheaper-to-steal-someones-digital-identity-on-the-internet

#10yrsago Bernie Sanders can only win if nonvoters turn out at the polls, and they almost never do https://web.archive.org/web/20160408145116/https://www.vox.com/2016/4/6/11373862/bernie-sanders-voter-lists

#10yrsago To understand the link between corporations and Hillary Clinton, look at philosophy, not history https://web.archive.org/web/20160406223353/https://www.thenation.com/article/the-problem-with-hillary-clinton-isnt-just-her-corporate-cash-its-her-corporate-worldview/

#10yrsago The US Government’s domestic spy-planes take weekends and holidays off https://www.buzzfeednews.com/article/peteraldhous/spies-in-the-skies

#10yrsago A perfect storm of broken business and busted FLOSS backdoors everything, so who needs the NSA? https://www.youtube.com/watch?v=fwcl17Q0bpk

#5yrsago Door Dashers organize app-defeating solidarity https://pluralistic.net/2021/04/07/cruelty-by-design/#declinenow

#5yrsago Leaked NYPD "goon squad" manual https://pluralistic.net/2021/04/07/cruelty-by-design/#blam-blam-blam

#1yrago Tariffs and monopolies https://pluralistic.net/2025/04/07/it-matters-how-you-slice-it/#too-big-to-care


Upcoming appearances (permalink)

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Recent appearances (permalink)



A grid of my books with Will Stahle covers..

Latest books (permalink)



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Upcoming books (permalink)

  • "The Reverse-Centaur's Guide to AI," a short book about being a better AI critic, Farrar, Straus and Giroux, June 2026 (https://us.macmillan.com/books/9780374621568/thereversecentaursguidetolifeafterai/)

  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2026

  • "The Post-American Internet," a geopolitical sequel of sorts to Enshittification, Farrar, Straus and Giroux, 2027

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2027

  • "The Memex Method," Farrar, Straus, Giroux, 2027



Colophon (permalink)

Today's top sources:

Currently writing: "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America. First draft complete. Second draft underway.

  • "The Reverse Centaur's Guide to AI," a short book for Farrar, Straus and Giroux about being an effective AI critic. LEGAL REVIEW AND COPYEDIT COMPLETE.

  • "The Post-American Internet," a short book about internet policy in the age of Trumpism. PLANNING.

  • A Little Brother short story about DIY insulin PLANNING


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Electoral Wipeout [The Status Kuo]

Image courtesy of PlusMinus4 substack

Because of insane developments in Iran on Tuesday evening, I didn’t get a chance to write about this week’s election results. But let’s put it out there proudly: Democrats had a good night on Tuesday.

A very good night.

In Wisconsin, the liberal candidate for the state Supreme Court won by 20 points (!) in a state historically decided by less than a single percentage point over the last three presidential elections.

In Georgia, the Democrat running in one of the reddest congressional districts in the country moved the needle 25 points (!!) to the left from where Trump finished in 2024.

Republicans ultimately held that Georgia seat, but in Wisconsin, Democrats flipped a conservative court seat and expanded the liberal majority to 5-2. In both states, the results tell a story that should have the GOP worried well into November.

Let’s walk through what happened and why it matters.

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Georgia: A YUGE swing in Trump Country

Start with the number 25. That’s the number of points the needle moved to the left in GA-14. We don’t expect to see movement like that in a congressional district, let alone one as deep-red as northwest Georgia’s 14th that Donald Trump carried by 37 points just 16 months ago.

Democrat Shawn Harris, a retired Army brigadier general and cattle rancher running for the first time, lost to Trump’s handpicked Republican Clay Fuller. But he moved the district so far from the 2024 presidential baseline that CNN recognized it as the largest Democratic overperformance in a House special election since Trump first took office.

This happened even as national Republicans made the very unusual decision to spend real money defending a seat they should have had on cruise control. Trump even traveled to the district to rally for Fuller in February.

Consider what a 25-point shift means when applied to the seats that will decide House control. As the New York Times noted, nearly two dozen House Republicans won their 2024 races by 10 points or less. A shift of two and a half times that magnitude in November would turn toss-ups into Democratic pickups.

The geographic details of the race make the picture even clearer. According to the Times, all 10 of the district’s counties shifted blue by double digits compared with 2024. Shawn Harris even won Cobb County, the district’s most suburban corner, outright with 58 percent of the vote.

Moreover, the Democratic vote share actually grew from March’s primary to April’s runoff, from about 40 percent combined Democratic in the first round to 44 percent for Harris alone, even as Republicans threw money at the race. Momentum was moving in the wrong direction for the GOP in this race, just as it has been everywhere we look.

Harris put it plainly on election night: “If Democrats, independents and Republicans can do this in a ruby-red district, the Democrats can win anywhere.” Georgia Democrats are already pointing to Tuesday as a boost for Sen. Jon Ossoff, who faces re-election this fall in a state Trump won by just two points.

Here are some of the top-line numbers and takeaways for GA-14:

Wisconsin: Dems consolidate control of the state Supreme Court

If Georgia’s result shook the confidence of House Republicans for November, Wisconsin’s results will stir their anxieties about the decade ahead.

In the race for an open seat on the state Supreme Court, Democratic-backed appeals court judge Chris Taylor won by roughly 20 points, expanding the liberal majority from 4-3 to 5-2. That is the largest margin in a competitive Wisconsin Supreme Court race since 2000.

Her overperformance against the 2024 Democratic presidential baseline was 21 points, and she improved by 10 points over last year’s liberal victory. If you recall, that was the race where Elon Musk got involved, spent $25 million, and was trounced anyway. The 2025 race drew over $100 million in total spending. The 2026 race drew only about $6.5 million, with Democrats outspending Republicans on TV ads nine to one. Their candidate won by 21 points and didn’t need a celebrity villain.

Wisconsin Supreme Court: Moving strongly leftward under Trump

As the Washington Post reported, liberals are now positioned to hold their majority until at least 2030. They could pick up yet another seat as early as next year, when a retiring conservative justice means another seat will need to be filled. In any event, the liberals’ hold on the court is secured through the next presidential election. That could matter a lot: If 2028 produces election disputes in Wisconsin, as is likely, this is the court that will resolve them. It’s the same court that upheld Joe Biden’s victory in 2020 by a one-vote margin. That margin is now 5-2.

Contrary to popular assumption, the blue shift wasn’t largely confined to liberal enclaves. In the rural “Driftless Area” of southwest Wisconsin, full of blue-collar, small-town communities that swung hard toward Trump in 2016 and again in 2024, the movement on Tuesday was equally dramatic. Trump the “conservative” had carried that region roughly 54 to 46 percent in 2024, an 8-point Republican margin. On Tuesday, the liberal Taylor carried those same communities roughly 60 to 39 percent—a 21-point margin.

That’s a whopper of a swing, about 29 points in a single year in rural, working-class Wisconsin. The collapse of the GOP is not just a story about college-educated suburbs drifting left. The rural realignment that handed Trump the state is showing real cracks.

The practical stakes are significant. The Wisconsin Supreme Court is expected to rule on abortion restrictions, a challenge to the union-busting legislation conservatives rammed through a decade ago, and, most consequentially, two pending lawsuits over Wisconsin’s congressional district map. That map, which is heavily gerrymandered in favor of the GOP, currently apportions six of the state’s eight congressional seats to Republicans.

Those redistricting cases are expected to reach the state’s highest court, though probably not before November. But a fair reapportionment in 2030 could offset some of the seats Democrats are expected to lose to red states as a result of the census.

Waukesha: the story within the story

County-level results in Wisconsin deserve their own moment because they illuminate just how structural this shift is.

Waukesha County has been the Republican Party’s single largest source of votes in Wisconsin for generations. As recently as 2012, Mitt Romney carried it with 67 percent of the vote. On Tuesday, the Republican-backed state Supreme Court candidate managed just 54 percent. That’s four points less than even the conservative candidate who got trounced statewide last year.

The New York Times put the math plainly: Given Democratic strength in Milwaukee and Madison, Republicans must deliver a big margin in Waukesha to have any shot at winning statewide. Now that margin is evaporating.

Then there’s the Waukesha city mayoral race, which understandably drew almost no national coverage, but which has emerged as a bellwether. And hoo, boy. The Democrat Alicia Halvensleben defeated Republican state Rep. Scott Allen to become mayor of one of the most reliably Republican cities in the state.

To their credit, Democrats have been organizing in Waukesha County for years with an eye toward state legislative seats this fall. Tuesday was evidence that organizing pays off.

Ben Wikler, the former Wisconsin Democratic Party chair, cited Trump and his economic policies as a primary driver of the shift away from the GOP. He told the Times, “Since the 2025 Supreme Court rout, Trump has only gotten more extreme and unhinged, daily life has become even less affordable, and the voters most closely tracking the news have reached volcanic levels of outrage.”

A much larger pattern

Tuesday’s results didn’t come out of nowhere. They are the latest and sharpest data points in a trend that has held across every special and off-cycle election since Trump returned to the White House.

According to The Downballot, Democrats have improved upon their 2024 presidential margins by an average of 11 percent in special elections so far in 2026 and roughly 13 percent since the start of 2025. Seven U.S. House of Representatives special elections have been held in the past 15 months. Democrats improved their vote share in every one of them, with an average gain of about 15 percent.

The pattern has held beyond special elections. Democrats won commanding victories in the New Jersey and Virginia governors’ races in the 2025 general election. They’ve flipped 30 red-state legislative seats to blue while Republicans have flipped none. Primary turnout is surging in some of the most Republican states in the country. In Texas last month, a record 2.3 million votes were cast in the Democratic primary—more than in the Republican primary. In North Carolina, it’s the same story, where 174,000 more North Carolinians voted in the Democratic primary than in the Republican one. And in Mississippi, Democratic primary turnout was up over 52 percent from the last comparable Senate primary.

G. Elliott Morris, who tracks these numbers closely, pointed to what he called “the Iran factor.” Tuesday was the first real election since Trump started the war against Iran on February 28. The swings in Wisconsin and Georgia, 21 and 25 points respectively, are roughly double the 2025-2026 special election average. Pre-election polls had Taylor winning Wisconsin by about seven points; she won by 20. Notably, undecided voters broke toward the Democrat by something between 20 to 30 points. That indicates voters who hadn’t made up their minds yet are breaking against the party in power.

What November could look like

CNN’s Harry Enten discussed the historical numbers on air Wednesday and arrived at a striking conclusion: Five out of five times since the 2005-2006 cycle, the party outperforming in special elections went on to win the House. Democrats are currently performing better than they did in 2017-2018, the cycle that produced a 40-seat blue wave.

Prediction markets have taken notice. Bettors have put Democrats at 51 percent to take back not just the House, but the Senate as well. It’s up, as Enten put it, “like a rocket.” Prediction markets swing wildly, so perhaps this alone is not yet enough for Democrats to hope to reclaim the majority. But if trends hold, even the Senate could come into play.

The stakes in Wisconsin and Georgia are high. In Wisconsin, Rep. Derrick Van Orden’s 3rd Congressional District is a Cook Political Report toss-up. And in Georgia, the open governor’s race and the Ossoff Senate seat are both competitive. Democratic enthusiasm just got a significant boost in both states.

Meanwhile, Trump’s approval rating sits at a record low of some 39 percent as an average across polls, driven by an unpopular war in Iran, rising gas prices, and economic anxiety that shows no sign of easing. While the party in power nearly always loses ground in midterms, in 2026, the Republicans appear to be losing it faster than usual.

There’s another dimension to Tuesday’s results: what they mean for the state of Florida and its congressional delegation. Gov. DeSantis has called a special redistricting session on April 20, following through on Trump’s push for Republican-controlled states to redraw their congressional maps. His express goal is to squeeze more Republican seats out of a state that already sends 20 Republicans and just 8 Democrats to Congress.

The present electoral environment, however, is making some Republicans in Florida very nervous. In March, Democrats flipped two Florida state legislative seats. One of those was Trump’s own Palm Beach House district that he had won by 11 points in 2024. Given these results, Rep. Greg Steube warned, “I think the Legislature needs to be very cognizant of the fact that if they get too aggressive … you could put incumbent members at risk.” Rep. Daniel Webster put it more simply: “Don’t do it.”

Their concern has a name: the dummymander. It’s when you try to help yourself with an aggressive redistricting and wing up hurting your own party instead because you’ve underestimated how strong the political winds could blow.

UCF political science professor Aubrey Jewett told NPR that while redistricting will probably go forward, “it will not be quite as aggressive as it would have been.” That’s because when you redraw safe seats to capture more territory, you make those seats more competitive in the process. Hakeem Jeffries has already issued his warning: “We will crush House Republicans in November if DeSantis tries to gerrymander the Florida congressional map.” In this environment, that’s not an idle threat.

All caveats, of course

There are of course limits to what we can read into Tuesday’s results. Special elections are not general elections. Turnout is lower and more self-selected. The environment can shift between April and November. As one analyst noted about the GA-14 election, “I would be very cautious about reading too much into the results of a low-turnout runoff when trying to predict what will happen in November 2026.”

That caution is real. Democrats still have organizational work to do, primaries to win, funds to raise, and a challenging Senate map to navigate. Special elections can flatter and then disappoint.

And yet, the breadth and depth of these wins are hard to dismiss. The pattern has held across more than three dozen races, two governors’ elections, a string of state legislative flips, and primary turnout surges in some of the deepest red states in the country.

Democrats lost a congressional seat in one of the reddest districts in Georgia on Tuesday…and the party still celebrated because the shift told them what they needed to know. When you’re closing 37-point gaps to high single digits, winning a Supreme Court seat by 20 in a state decided by less than a point three times running, flipping the mayor’s office in a Republican stronghold, and watching undecided voters choose your party by margins that pollsters couldn’t predict — the direction of the country is coming into clear focus.

The exits are getting crowded

I want to close by highlighting a quieter story running alongside Tuesday’s stunning results.

According to Rolling Stone, only 374 of the 435 House members are currently seeking reelection. That’s the lowest number in the 21st Century and the second lowest since 1946. As The Hill reported, 36 House Republicans have already announced they won’t seek reelection, surpassing the previous record of 34 set in the 2018 cycle, the last time Democrats flipped the House. That number is expected to keep growing.

DCCC spokesperson Justin Chermol put it plainly: “’Republicans know they are going to lose in November. By retiring now, they’re avoiding the inevitable humiliation of losing their seats.”

Tuesday gave a few more of them something to mull as they look ahead to the rest of 2026 with growing dread.

12:00 AM

Kanji of the Day: 頂 [Kanji of the Day]

✍11

小6

place on the head, receive, top of head, top, summit, peak

チョウ

いただ.く いただき

頂き   (いただき)   —   crown (of head)
頂点   (ちょうてん)   —   vertex
山頂   (さんちょう)   —   summit (of a mountain)
頂く   (いただく)   —   to receive
頂ける   (いただける)   —   to be able to receive
頂上   (ちょうじょう)   —   top
頂戴   (ちょーだい)   —   receiving
登頂   (とうちょう)   —   climbing to the summit
人気絶頂   (にんきぜっちょう)   —   height of one's popularity
真骨頂   (しんこっちょう)   —   one's true worth

Generated with kanjioftheday by Douglas Perkins.

Kanji of the Day: 粧 [Kanji of the Day]

✍12

中学

cosmetics, adorn (one's person)

ショウ

化粧   (けしょう)   —   make-up
化粧品   (けしょうひん)   —   cosmetics
化粧水   (けしょうすい)   —   skin lotion
雪化粧   (ゆきげしょう)   —   coating of snow
粧す   (めかす)   —   to adorn oneself
化粧直し   (けしょうなおし)   —   adjusting one's makeup
薄化粧   (うすげしょう)   —   light makeup
化粧下   (けしょうした)   —   make-up base
厚化粧   (あつげしょう)   —   thick makeup
化粧室   (けしょうしつ)   —   toilet

Generated with kanjioftheday by Douglas Perkins.

Thursday 2026-04-09

11:00 PM

Musk, Bezos, Both Cry To Trump’s FCC In Bid To Dominate Satellite Broadband [Techdirt]

Elon Musk is desperate to dominate the Low-Earth-Orbit (LEO) satellite broadband market. So is Jeff Bezos. And now the two billionaires are engaged in proxy fights at Trump’s FCC over who’ll get the honor.

Amazon’s LEO offering, Project Leo, is significantly behind Musk’s Starlink, and has been rushing to build out its LEO satellite constellation. To slow down their pace, Musk’s Starlink has started complaining to the FCC, insisting that Amazon violated orbital debris requirements by launching satellites into orbital altitudes that are too high, increasing the risks to other satellites and spacecraft.

Amazon has responded by basically saying Musk’s Starlink is lying to slow the arrival of a competitor to market:

“SpaceX only objected to the launch parameters after moving its Starlink satellites into nearby altitudes, Amazon said. Changing the altitude of a recent Leo launch would have delayed it by months, according to Amazon. Both Amazon and SpaceX have accused each other of using Federal Communications Commission proceedings to delay the other’s satellite launches at various times over the years.”

Hoping to avoid harming “free market innovation,” it took years for the FCC to finally recently implement some bare bones “space junk” LEO collision guidance, though enforcement has been sporadic, and I’m doubtful two billionaire Trump donors will ever see much in the way of accountability.

Both billionaires are hoping to leverage their ongoing support of Trump to their own benefit. Both have already had significant success on that front; Musk and Bezos convinced the Trump administration to redirect billions in infrastructure bill subsidies (earmarked for reliable, faster fiber) over to their LEO satellite broadband businesses for service they already planned to deploy.

I’m not inclined to believe either billionaire or their companies. Nor am I inclined to believe that FCC boss Brendan Carr has the integrity or competence to manage this dispute or to protect the public longer term. Starlink has recently seen several satellites blow up in orbit and has been very murky about the reasons for it. Tens of thousands more LEO satellites are slated for launch in the next few years.

The grand irony is that the mad dash toward LEO satellite broadband doesn’t really deliver on the promise of significantly better broadband. LEO satellite connectivity is great for folks who have no other option, but the technology comes with a long list of caveats.

The resulting networks will be too congested to truly scale or provide real competition for local telecom monopolies. The resulting services are also routinely too expensive for the folks who currently can’t afford access. Then there’s the problem of LEO satellite launches harming astronomy research and the ozone layer, issues I suspect won’t be a priority for Bezos, Musk, or Carr.

I’d expect to see much more orbital (and terrestrial consumer) chaos in the years to come, given absolutely none of these folks tend to think too deeply about the public interest.

04:00 PM

Kocowa Secures Win Against Dramacool Pirates, U.S. Court Grants Domain Takeovers [TorrentFreak]

dramacoolPirate streaming network Dramacool and several associated sites shut down in November 2024, citing legal pressure from copyright holders.

The operators of the Asian drama and anime portal never revealed who was behind that pressure, but court records later showed it was Wavve Americas Inc., the parent company of legal Korean streaming service Kocowa.

Wavve had filed a copyright lawsuit in Arizona federal court against the unknown operators of multiple Dramacool domains, hoping to take the associated sites offline permanently.

Defendants Go Silent

When Wavve eventually identified the defendants, they were scattered across Thailand, Vietnam, Pakistan, the Netherlands, and New Jersey.

Kocowa identified domain operators in Thailand, Vietnam, Pakistan, the Netherlands, and New Jersey. The amended complaint named Asian C, Tommy USA, Najeeb Ullah Mirani, Baidar Bakhtand, and Dorothy Bradshaw, none appeared in court to answer the complaint.

Meanwhile, some Dramacool domains remained operational. While these may include copycat sites unrelated to the original operation, the ongoing copyright infringement is a serious problem for Kocowa.

To break this impasse, Wavve filed a motion for default judgment in September 2025, noting that some defendants had not only ignored the litigation but expanded their operations to new domains while the case was pending.

The company did not seek any monetary compensation but simply requested an order that would allow the company to take over the Dramacool domain names.

Default Judgment Entered

Earlier this week, U.S. District Judge Krissa M. Lanham granted the motion for a default judgment in full. The court found the requested injunction proportional and appropriate.

“Requiring defendants stop their infringing activities will not cause any legitimate hardship. And the public interest is served in enforcing copyright law. A permanent injunction prohibiting defendants from continuing their activities is appropriate,” the order reads.

The order prohibits all defendants from operating the sixteen named domain names, including watchasia.to and asianwiki.co, and also bars them from registering or owning any new piracy-linked domain names.

Default Judgment

default

Wavve had acknowledged that an award for monetary damages would be meaningless, as the foreign pirate site operators are unresponsive. Therefore, they set all their hopes on a domain transfer order, which the court granted as well.

Domain Transfers Granted

In the order, Judge Lanham acknowledged that domain transfers are legally contested territory in copyright cases. The standard trademark statute that typically enables such transfers does not apply here, as the lawsuit did not include trademark claims.

However, since none of the defendants put up a defense and because several of the associated sites remain online, the transfers were granted. This was in part justified by judgments in a number of other courts, which approved domain transfers in similar copyright cases.

The order notes that domain transfers can be an appropriate remedy when there are indications that the defendants will not comply with an injunction. That is the case here, Judge Lanham concluded.

“Here, defendants concealed their identities, ignored this litigation, and have an ‘established practice of evading copyright enforcement by moving their operation to new domains, even after having a judgment rendered against them’,” the order reads,

“Wavve is entitled to an order transferring the domain names,” Judge Lanham adds.

Dramacool Domains Still Online

Whether Wavve can actually take control of all 16 domains remains to be seen, as not all registrars and registries may comply with U.S. court orders.

Several of the original Dramacool-operated domains, including dramanice.la, runasian.net, watchasia.to, asianc.sh, and asianwiki.co, have been offline since the November 2024 shutdown.

However, at least three of the named domains are still actively serving pirated content several days after the judgment was entered. Dramacool.bg, dramacool.com.tr, and dramacool.ba all remain online, redirecting visitors to functional streaming sites with full drama libraries.

In closing, it is worth stressing that the permanent injunction prevents the defendants from registering new domain names for infringing purposes. However, the domain transfer order targeted at registrars and registries, is limited to the sixteen named domain names.

A copy of the default judgment order, issued by U.S. District Judge Krissa M. Lanham, is available here (pdf). The clerk’s entry of default judgment is available here (pdf).

From: TF, for the latest news on copyright battles, piracy and more.

02:00 PM

RFK Jr. Amends ACIP’s Charter In Attempt To Exert More Control Over Panel Members [Techdirt]

After RFK Jr. found himself getting a rebuke from the court system over his ACIP reorganization from last year, in which the courts issued a preliminary injunction on the vaccine schedule changes ACIP recommended and staying further work from the panel, I’ve been waiting for the government to appeal the order. That appeal has not yet come to be, much to my surprise. That being said, I’m not even sure on what grounds the appeal would be made, since the court’s decision centered on a fairly plain reading of the Administrative Procedure Act, which reads as though it was written for this exact situation.

Essentially, the APA makes it unlawful for, among other things, a federal agency taking action, reporting, or making conclusions in its work that are not based on evidence, are otherwise arbitrary or unsupported by evidence or fact. It also makes it unlawful for leaders of a federal agency to take actions that exceed their authority or statutory rights.

And perhaps it’s that last bit that RFK Jr. is attempting to work around by amending ACIP’s charter in ways that are both subtle and not so subtle. Let’s start with the subtle one:

Most notably, the current charter includes a lengthy sentence on membership terms that begins by stating that ACIP members “shall be selected by the Secretary …” But the renewal notice today includes a nearly identical sentence, with the change that ACIP members “shall be selected and appointed by the HHS Secretary.” The edit appears to enshrine Kennedy’s ability to unilaterally install ACIP members.

I can’t imagine how that slight change is in any way useful… other than to get past the part of the APA that limits actions by agency leaders to their authorized actions. This is essentially enshrining in the charter that RFK Jr. can pick his ACIP team personally and not only select the members, but fully placing them in their roles at his sole authority. In other words, this is rewriting the charter to more specifically grant him the authority to do what he already did last year. Whether a rewritten charter that has no checks and balances from the other two branches of governments is enough to satisfy the courts is an open question, but I have very serious doubts that it would.

And I don’t think that the more stark changes to the charter would do anything to change the court’s stance on the type of evidence-free changes that the ACIP panel previously made.

The membership criteria are also dramatically different between the current charter and today’s renewal. Currently, ACIP members “shall be selected from authorities who are knowledgeable in the fields of immunization practices and public health, have expertise in the use of vaccines and other immunobiologic agents in clinical practice or preventive medicine, have expertise with clinical or laboratory vaccine research, or have expertise in assessment of vaccine efficacy and safety.” These specific core requirements of expertise in immunization practices and vaccine science were central to Murphy’s findings that Kennedy’s appointees were unfit to be on the committee.

The renewal notice did not mention these criteria, but instead discussed members having a “geographic balance” (representing different parts of the country) and a “balance of specialty areas.” It provided a lengthy list of specialty areas that span a much larger swath of medical and scientific fields and potentially beyond. They include: “biostatistics, toxicology, immunology, epidemiology, pediatrics, internal medicine, family medicine, nursing, consumer issues, state and local health department perspective, academic perspective, public health perspective, etc.”

It didn’t seem to me that the court was relying on ACIP’s specific charter when putting a stay on its work in this new iteration of the panel, however. Put another way, if the charter was instead written to state that ACIP “should be staffed by a group of bumblefucks that have all kinds of knowledge that have little to nothing to do with immunizations”, I don’t think the courts would state that all is now well with the appointments of said bumblefucks.

What this charter really does is turn ACIP, a panel that is specifically tasked with recommendations on immunization schedules, into something completely different. Medicine, like nearly all sciences, is a highly specialized endeavor. You don’t go to a surgeon to advise you on a cancer diagnosis. You don’t see a pediatrician to address your elderly mother’s varicose veins. And you don’t generally need input from consumer representatives and the like to chime in on immunization schedules.

Unless you’re being led around by the nose by your grifting partners in the anti-vaxxer crowd, that is.

Some of the changes in the renewal may stem from a push made by an anti-vaccine group close to Kennedy. The group is Informed Consent Action Network (ICAN), headed by Kennedy’s anti-vaccine ally Del Bigtree, who is working with Aaron Siri, a lawyer who worked on Kennedy’s failed presidential campaign and has filed numerous lawsuits seeking compensation for alleged vaccine injuries. Siri is also notable for petitioning the Food and Drug Administration to revoke the polio vaccine.

Last month, ICAN urged Kennedy to revise ACIP’s charter, and Siri’s law firm provided a draft, complete with track-changed text, of what they want for the new charter. The draft states that ACIP members should have expertise in any area “deemed relevant by the Secretary.” But, it specifically states that “At least two members shall have direct and substantial experience advocating for and/or treating those injured by vaccines.”

We’ll see what comes next, but I don’t expect Kennedy to take the loss and quit with his antics. He will try again and again, whether it’s appealing the court decision or attempting to fashion loopholes such as this.

01:00 PM

The ecard virus [Seth Godin's Blog on marketing, tribes and respect]

Three of my friends got hacked this week.

You get an ecard and click. It asks you to log in to your email.

Boom, done. It hacks your email account, steals all of your contacts and then sends itself to the whole address book. And while they’re at it, they could be scraping and misusing all sorts of data.

The first lesson is that you should only log in to your gmail or other email accounts directly, not if you’ve followed a link.

The second is that you really should get a password manager. Many are free or cheap. Some are easy to use.

Mostly, alas, we need to remind ourselves that just because it looks familiar (on the screen! on the internet! in a card!) we can stop paying attention. Especially if an AI said it, or it came to us unasked.

The internet lets ideas spread at scale. It also gives a few bad folks the leverage to cause a lot of havoc.

(And part of the problem lies with Google–they intentionally crowded out the peer-to-peer open net, but haven’t done enough to stop spam or scams.)

Look both ways before crossing.

      

Did Trump Fabricate an Iran War Off-ramp? [The Status Kuo]

Image courtesy of Axios

Last night, just in time for TACO Tuesday, Donald Trump announced a ceasefire with Iran. In a Truth Social post, he cited a 10-point peace proposal from Tehran that he called “a workable basis on which to negotiate.” He cast it as a breakthrough, averting the civilizational catastrophe he himself had threatened. Pakistan, Trump crowed, had brokered the deal, and Iran had finally come to the table.

That story is total BS.

For starters, the “10-point proposal” wasn’t new. Iran had delivered it to Pakistani mediators on Monday, a day before Trump threatened genocidal war crimes. Trump rejected it at the time. But last night, he was touting it as a major breakthrough. One U.S. official who had reviewed it told Axios it was “maximalist,” and Trump told reporters it was “highly unlikely” he’d extend his deadline again. “I gave them a chance, and they haven’t taken it,” he said.

But here’s the rub: Nothing in the proposal actually changed between Monday and Tuesday night. Trump’s big announcement was to pretend the Iranians had come forward with something new when they hadn’t. In short, there was no statecraft, only stagecraft.

Here’s my surprised face.

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The Proposal Trump Already Had

Trump’s propensity to spew lies often requires a careful reconstruction of the truth. With that in mind, the timeline here is worth reviewing.

By the time his war crime threats began, Trump was already losing patience and his frustration was evident. “Tuesday will be Power Plant Day, and Bridge Day,” Trump posted on Easter Sunday. “Open the Fuckin’ Strait, you crazy bastards, or you’ll be living in Hell - JUST WATCH! Praise be to Allah.”

But behind the scenes, there were already competing proposals. According to Axios, Iran’s 10-point response to a 15-point U.S. proposal was “discussed internally for two weeks and sent on Monday to Pakistani mediators.” Iran’s state news agency IRNA confirmed as much. Iran’s answer was to reject a temporary ceasefire and instead lay out conditions for a permanent end to the war: lifting sanctions, reconstruction payments, a protocol for Hormuz passage, and an end to hostilities across the region.

Trump received this and publicly dismissed it at the White House on Monday. “They made a significant proposal,” he remarked, but it was “not good enough.”

We know what happened next. In a fit of frustration, on Tuesday morning Trump threatened massive war crimes if Iran didn’t open the strait by 8 p.m., declaring that a “whole civilization will die tonight, never to be brought back again.”

Talk about maximalist demands. The world held its breath. Iranian civilians formed human shields on bridges and around major power plants. And most experts waited for Trump to chicken out.

They were rewarded Tuesday night with yet another Truth Social post. Trump wrote: “We received a 10 point proposal from Iran, and believe it is a workable basis on which to negotiate.”

This was the same proposal Trump had rejected as “not good enough” but now was somehow “workable.” It contained no new concessions from Iran. There were no updated terms. It was simply reframed after Trump raised the stakes to apocalyptic terms. It was a “new” reason for Trump to stand down that didn’t require him to admit he was backing off his own ultimatum.

One wonders whether Trump and his team had actually listened to the advice of Ryan Grim, a journalist with DropSite News. In a post on social media, Grim had suggested that Trump could do something akin to what JFK did during the Cuban Missile Crisis with then-Soviet General Secretary Khrushchev: accept an earlier proposal from the other side that had already been replaced with a new one, then call it a victory!

Enter Pakistan — or What Looked Like Pakistan

So why do some suspect that this ceasefire was a fabricated set-up?

Before Trump’s ceasefire announcement, Prime Minister Shehbaz Sharif of Pakistan tweeted a plea urging Trump to extend his deadline by two weeks and asking Iran to open the strait as a goodwill gesture.

The tweet conveniently provided Trump with exactly what he needed: an independent, third-party appeal he could cite as a reason to stand down.

There was just one glaring problem. The post’s edit history showed that the original version still had its header intact: “Draft – Pakistan’s PM Message on X.”

Apparently, someone from Sharif’s office had pasted the full text, draft label and all, directly into his account before fixing it. Whoops.

This is the timeline we are in.

Drop Site’s Ryan Grim, who is fast becoming the guy with the answers, was the first journalist to flag this anomaly: “Obviously, Sharif’s own staff don’t call him ‘Pakistan’s PM’ — they would just call him prime minister. The U.S. and Israel, of course, would call him ‘Pakistan’s PM.’ Would be funny if the fate of the world wasn’t hanging in the balance.”

The implication seems clear. A head of state’s own office would write “the Prime Minister” or “PM Sharif.” The phrase “Pakistan’s PM” is how an outside party—say, a White House staffer—would refer to Sharif in a document drafted for someone else to publish.

The most straightforward reading is this: Trump’s team wrote the post, sent it to Sharif, and his aide posted it before the label was scrubbed. Policy analyst Surya Kanegaonkar put it plainly: “The US chose Pakistan as a pliant go-between and stenographer, not a genuine interlocutor. There is no Pakistani ‘mediation’ or ‘peace proposal.’”

And then Trump did exactly what the fabricated staging required. His Truth Social ceasefire announcement cited the decision as made “based on conversations with Prime Minister Shehbaz Sharif and Field Marshal Asim Munir, of Pakistan, wherein they requested that I hold off.” The requester, it appears, had been handed his request.

Two Proposals, No Agreement

The apparent fabrication of the off-ramp creates a second, deeper problem: It leaves the two sides describing fundamentally different deals.

Trump’s Truth Social post trumpeting the deal was notably sparse on specifics. He confirmed just one condition: Iran’s agreement to reopen the Strait of Hormuz. When pressed on the rest, however, White House Press Secretary Karoline Leavitt offered only this: “President Trump’s words speak for themselves: this is a workable basis to negotiate, and those negotiations will continue.”

Iran’s Supreme National Security Council was considerably less vague. Its official statement, published in full by Middle East Eye, declared that “Iran has achieved a massive victory and forced criminal America to accept its 10-point plan.” The statement listed what America had “fundamentally committed” to:

“…the continuation of Iran’s control over the Strait of Hormuz, the acceptance of enrichment, the lifting of all primary and secondary sanctions, the termination of all resolutions of the Security Council and the Board of Governors, the payment of Iran’s damages, the withdrawal of U.S. combat forces from the region, and the cessation of war on all fronts…”

That’s a published list of the supposed bases for negotiations, issued by Iran’s official security body and attributed to the United States. But it has conditions in it that would likely come as a shock to the Trump White House.

The word “enrichment,” referring to uranium enrichment, presents a particularly contested red line for both Trump and Israeli Prime Minister Benjamin Netanyahu. That word does not appear in other versions of the 10-point plan circulating in Western media, yet it is explicitly listed as one of the points in the official Iranian one. Chinese news agency Xinhua also reiterated the SNSC’s claim that “the Pakistani prime minister has informed Iran that the United States has accepted Iran’s 10-point plan as the basis for negotiations.”

Trump’s response to the statement from Iran was revealing. Within roughly 90 minutes of announcing the ceasefire, he posted on Truth Social that CNN had reported a “FRAUD”—claiming the SNSC statement “was linked to a Fake News site” (from Nigeria) before being “blared out as a ‘legitimate’ headline” by CNN and threatening that “authorities are looking to determine whether or not a crime was committed.” He did not name the Nigerian outlet or provide any evidence. 

CNN stood its ground, with a spokesperson telling Newsweek: “The statement in question was obtained by CNN from Iranian officials and reported on multiple Iranian state media outlets. We received the statement from specific official Iranian spokespeople who are known to us.” CNN’s Matthew Chance confirmed on air that the statement had already appeared on Iran’s Fars News Agency and the semi-official Tasnim News Agency before Trump called it fake.  

Trump’s real grievance was not that the statement was fabricated—it wasn’t—but that its contents were politically problematic, since it said the U.S. had accepted enrichment, ceded Hormuz, and agreed to withdraw its troops. Calling it fake was easier than explaining why Iran’s Supreme National Security Council believed those were the terms.

So what’s going on?

Iran itself appears to have circulated two different versions of its own plan. The version shared via the SNSC and IRGC-linked outlets lays out the enrichment demand. A “softer” version, circulated through other channels and shared by the BBC, omits enrichment entirely and frames Iran’s nuclear commitment as a pledge not to seek weapons. No outlet has yet established which version was conveyed to Washington, or whether Pakistan even delivered the same document it received.

These are not minor translation differences. They describe different deals, meaning that, under basic contract principles, there has been no “meeting of the minds.” Senator Chris Murphy (D-CT) said on CNN that the two countries appear to be describing different agreements entirely. “What an era,” he said. “What a miscalculation.”

What Friday’s Talks Actually Are

The ceasefire was “real” in the narrow sense that bombs stopped falling and the strait began to reopen, though reports this morning of a drone attack on a Saudi oil pipeline to the Red Sea may call the ceasefire into question.

But the agreement undergirding it, if one exists at all, is now a fiction that both sides are now required to inhabit.

Iranian negotiators walk into Islamabad on Friday believing their country has already won. They were told that America has effectively accepted enrichment, ceded control of Hormuz, agreed to troop withdrawal, dropped sanctions, and promised reparations. Iran has said so publicly and officially, with its Supreme National Security Council declaring, “Nearly all the objectives of the war have been achieved.”

The Trump administration walks in believing it got Iran to reopen a waterway in exchange for a two-week pause and a promise of more talks. Looking at the demands over which Iran claims to have won concessions, Foreign Policy observed that it “seems unlikely that the United States would agree to such demands, raising questions as to why Trump framed the proposal in such positive terms.”

In short, these two positions are not compatible. They are not the same negotiation. And the gap between them isn’t a product of diplomatic ambiguity or translation error. It is the direct consequence of a ceasefire engineered for optics rather than negotiated for substance. Indeed, if the timeline and “draft” announcements occurred as I have described above, there is no deal at all. Instead there is 1) a pre-existing proposal repackaged as a breakthrough, 2) a scripted appeal dressed up as third-party mediation, and 3) the very hardest questions deferred rather than resolved.

Trump’s claim of a “workable basis” for negotiations may be the most consequential undefined phrase in American foreign policy since “weapons of mass destruction.” The Islamabad talks will tell us whether any real agreement exists beneath the stagecraft — or whether Trump’s fabricated off-ramp leads nowhere.

09:00 AM

Tech Lobbyists Are Trying To Kill Colorado’s Popular ‘Right To Repair’ Law [Techdirt]

There’s a meaningful push afoot to implement statewide “right to repair” laws that try to make it cheaper, easier, and environmentally friendlier for you to repair the technology you own. Unfortunately, while all fifty states have at least flirted with the idea, only Massachusetts, New York, Texas, Minnesota, Colorado, California, Oregon, and Washington have actually passed laws.

Passage can be a challenge due to the relentless lobbying of numerous industries that very much enjoy a monopoly over repair (especially tech and auto). New York State’s law, for example, was watered down by NY Governor Kathy Hochul after passage because tech companies didn’t like it.

The same thing is afoot in Colorado, where tech companies are trying to neuter that state’s right to repair laws. Colorado’s assortment of laws, which first appeared in 2022, have implemented protections covering wheelchairs, agricultural farming equipment, and consumer electronics, making it easier for consumers in all those sectors to afford repairs and gain easier access to parts, manuals, and tools.

But tech companies like Cisco and IBM have pushed Colorado lawmakers to sign off on  SB26-090, the Exempt Critical Infrastructure from Right to Repair law, which would neuter much of the protections under the pretense of making the public safer. As you might imagine, the companies’ are trying to use a definition of “critical infrastructure” that’s so large and vague as to render all the protections meaningless:

“I can point out at least five problems with the bill as drafted,” Gay Gordon-Byrne, the executive director at the Repair Association, said during the hearing. “The definition of critical infrastructure is completely inadequate. The definition that has been proposed in this bill is not even a definition.”

While tech company lobbyists have convinced the Colorado Labor and Technology committee to advance the bill, it still needs approval by the Colorado Senate and House, which may prove more difficult now that outlets like Ars Technica and Wired have shed a little light on the effort.

It’s worth pointing out that while eight states have now passed right to repair laws, none have actually enforced them despite numerous, ongoing infractions across countless industries. That’s something that’s going to need to change if state rhetoric on the subject is to be taken seriously.

07:00 AM

A Server That Forgets: Exploring Stateless Relays [Tor Project blog]

Running Tor relays requires constant work against adversaries, private and state-backed, who try to undermine the network by attacking the nodes that make it up. On top of that, some operators have to deal with seizures, raids, and direct physical access to hardware. There are precedents in Austria, Germany, the United States, Russia, and likely many others. In those instances, the server can become a liability.

Tor exists because we want to shield internet users from unwanted surveillance. The network is designed so that no single operator or server can reconstruct who is talking to whom. Journalists, activists, and whistleblowers depend on that holding up. A relay that can be seized and its contents handed over erodes the very trust the system depends on. And that's a problem we want to solve.

In this post we explore how a stateless, diskless operating system can improve relay security, from firmware to user space, with a focus on software integrity and physical attack resistance. This work comes from the experience of Osservatorio Nessuno running exit relays in Italy. Managing relays varies greatly depending on context, technical capability, budget, and jurisdiction. We hope to stimulate discussion rather than propose a single model.

What stateless means

A stateless system doesn't store anything between reboots. Every time it starts, it begins from a known, fixed image, just like Tails does. The idea of running a Tor relay entirely in RAM isn't new. Tor-ramdisk, a uClibc-based micro Linux distribution built for exactly this purpose, dates back to at least 2015.

For relay operators, this approach raises the security bar by enforcing better behaviors by design:

Physical attack resistance. If the machine is seized or cloned, there is nothing to analyze. Depending on the setup, the extraction of relay keys might become infeasible.

Declarative configuration. The system is version controlled. A stateless system cannot drift from its declared configuration, since every boot is a fresh apply.

Immutable runtime. The filesystem is read-only. Even if an attacker gains code execution, they cannot persist anything across a reboot.

Reproducibility. A system that doesn't change between reboots is easier to verify and, eventually, to reproduce and audit.

Why Tor relays are hard to make stateless

Tor relays build reputation over time: a relay that has been running for months earns bandwidth flags that make it more useful to the network. That reputation is tied to a long-term cryptographic identity key. Lose those keys and the relay loses its identity, and as such is reputation in the network, starting from scratch.

Thus, the relay's identity must survive reboots without being extractable. A key stored on disk can be seized and copied; a key stored in a security chip such as the TPM might be more challenging for attackers.

Beyond the identity key, a relay accumulates a state file containing bandwidth history and other temporary information. Discarding it on every reboot degrades performance, and running entirely in RAM means the OS has to fit in memory, with no possibility of swapping to disk. Whenever processes exceed available memory, the kernel's OOM killer terminates them outright. In practice, replacing glibc's allocator with jemalloc or mimalloc reduces Tor's memory footprint significantly, from around 5.7 GB to under 1.2 GB on a busy guard relay, largely by avoiding fragmentation from high-churn directory cache objects.

The TPM as the primary tool

A TPM (Trusted Platform Module) is a dedicated hardware chip on the motherboard that stores cryptographic keys and performs operations with them without ever exposing the private key to the operating system. It can seal a secret: bind it to a specific measured state of the machine, so the key can only be used if the TPM sees the exact same software stack it saw when the key was created.

For a stateless relay, this means the identity key survives reboots, as it lives in the hardware, but can't be conventionally extracted even with physical access. TPMs also support remote attestation: the chip can prove to an external system what software the machine was started with, backed by a hardware-rooted signature. This makes it possible to verify what a node is running without trusting the operator.

The TPM doesn't solve everything. Tor's usage of ed25519-based keys are not supported by the TPM chips, so the key is encrypted by the TPM but still stored as a byte string in non-volatile memory, meaning it is still technically possible to export it.

Sealing also requires deciding upfront what software state the TPM will trust. When you update the kernel or bootloader, the measured state changes, and you have to re-seal the TPM by predicting what the next boot will look like.

Existing approaches

Different operators have tackled this problem at different points on the trade-off curve between simplicity and depth of security.

Minimal ramdisk. The simplest approach: run everything in RAM, manage keys manually. Tor-ramdisk has done this since 2015. Identity keys are exported and imported over SCP; rebooting without doing so means starting over. No TPM, no attestation, no verified boot — just the guarantee that RAM doesn't survive a power cut. It remains a meaningful improvement over a conventional disk-based setup.

VM-based ramdisk. Emerald Onion runs per-relay Alpine Linux images (66 MB each) on a Proxmox hypervisor. The VMs boot entirely into RAM with no persistent storage attached. Identity is managed with Tor's OfflineMasterKey feature: the long-term master key is generated offline and never touches the relay. Updates are image rebuilds, rollback is trivial, and no special hardware is required.

Bare metal with TPM-backed identity. Patela, our tool, takes a more hardware-focused approach. The relay boots via stboot, a bootloader that fetches and cryptographically verifies a signed OS image before handing off control. Once running, the node pulls its configuration from a central server over mTLS, though a potentially compromised server can deny service but cannot push credentials or extract keys from the node. The relay's identity key lives in TPM non-volatile memory, bound to the measured boot state. It survives reboots but can't be extracted even with physical access. The trade-off is operational complexity: bare metal is required and re-sealing is needed after updates.

Open problems

Some of these problems are specific to our setup; others affect any stateless relay deployment.

Re-sealing after updates. When the software stack changes, the TPM's measured state changes too. Automating this, which implies predicting what the boot measurements will look like after an update, is one of the harder unsolved problems. Tooling like systemd-pcrlock is moving in this direction, but it's not turnkey yet.

Stateless reboots versus upgrades. We use standard unattended upgrades for the Tor binary. But a reboot reverts to the OS image, which contains the previous version, a causing an involuntary downgrade. Reconciling automatic security updates with stateless images is something we haven't fully solved.

Memory constraints. No swap means processes that exceed available memory are killed without warning. Tor's memory usage is hard to predict at runtime. The allocator replacement described above helps enormously, but the fundamental constraint remains.

Network stability. Persistent updates can only be applied rebuilding the images and booting it again. A relay that restarts frequently risks losing its Stable flag, which affects how much traffic the network sends to it.

Future directions

Remote attestation. Sealing binds a key to a machine state. Attestation lets the node prove that state to an external party. A verifier, suach as a configuration server or eventually the Tor directory authorities, can issue a cryptographic challenge that only a node running the expected software stack can answer correctly. This turns boot integrity from a local property into something verifiable remotely, reducing operator trust.

Transparency logs. Once you have a measured boot chain, you can publish it. A relay operator provides a recipe for a reproducible build; anyone can recompute the expected hash and verify it matches what the TPM reports. An append-only transparency log can make these attestations publicly auditable. The Tor community could run an independent monitor to track this across the relay fleet.

Confidential computing. The VM-based approach can be extended with technologies like AMD SEV-SNP, which isolate a guest VM's memory from the hypervisor itself. This too, is useful to reduce operator trust, and can reduce the security gap between the VM and bare-metal approaches.

Smaller hardware. Walking onions, a proposed Tor protocol extension, would remove the need for nodes to hold an entire view of the network locally. Getting arti and related tools to run on smaller hardware would open up possibilities for devices that currently can't afford the resource cost.

Conclusion

For applications like Tor, being stateless can bring multiple benefits: helps both prevent attacks and operator errors, and with further research and work could improve the overall network trustworthiness.

Stateless systems come with real operational costs and genuinely hard unsolved problems, even for project and organizations with more resources. But they can serve as a foundation for improving privacy infrastructure, and similar concepts and frameworks could be applied to other parts of the stack.

This work started at the Tor Community Gathering in 2025, and it's ongoing. If you run relays, work on Tor tooling, or have thought about any of these open problems, we'd like to hear from you.

References

Prosecutors Still Trying To Convict 62-Year-Old Woman For Wearing Penis Costume To Anti-Trump Protest [Techdirt]

Never underestimate the stupidity of law enforcement. When things could just be left alone and everything would turn out OK, officers insist on inserting themselves into the equation, ensuring maximum pain and humiliation for everyone involved.

In this case, a Fairhope, Alabama officer decided he couldn’t simply do nothing when coming across a grandmother at a “No Kings” protest. Here’s how this started, as detailed by Liliana Segura for The Intercept:

In the body camera footage, a police officer parks his black SUV on the grass, a rosary swinging from the rearview mirror. He exits his car, moves briskly past a pair of protesters, and points an accusatory finger at the suspect: a 7-foot-tall inflatable penis holding an American flag.

The alleged crime? Unclear. There’s no sound at first, only the silent spectacle of a person in a penis suit turning toward a cop with a stance that says, “Who, me?” A handmade sign comes into view in the person’s right hand. It reads “No Dick Tator.”

You can see the whole thing for yourself here:

It’s really an amazing recording. It includes several high points, including cops trying to stuff a person who’s inside an inflatable penis into the back of a cop car before deciding it might be easier to separate the person and the costume… before struggling to fit the costume itself into the trunk of a cop car. It also includes superbly stupid things like this:

Fairhope Police Cpl. Andrew Babb was less amused.

“I’m serious as a heart attack,” he tells Gamble when the audio begins to play on the 14-minute body camera video. “I’m not gonna sit here and argue with you.”

He demands to know how she could possibly justify such an obscene display: “I would like to hear how you would explain to my children what you’re supposed to be.”

Every easily-offended, would-be censor has the same go-to for complaining about stuff they don’t like: “how would I explain that to my children?” I don’t know, man. They’re your kids. Take any approach you want, including ignoring the question. It’s not on the rest of the world to make sure you never have to have an uncomfortable conversation with your kids. If you can’t figure it out, maybe you shouldn’t be in the business of raising kids, much less in the business of enforcing laws.

There are also plenty of far less funny moments, like the fact that three cops decided to get involved in pinning 62-year-old Renea Gamble to the ground for the crime of… well, that was all pretty much undecided at the point the officers decided to enforce their will with their power.

Corporal Andrew Babb obviously didn’t know the law, but that wasn’t going to stop him.

“I said, ‘That’s not freedom of speech,’” Babb continues. “‘This is a family town and being dressed like that is not going to be tolerated.’”

A. It actually is freedom of speech.

B. Every town is a “family town,” unless you happen to live in a dystopian sci-fi novel.

Everything about the arrest is a non-starter. And yet, local prosecutors — propelled forward by supportive local government officials — are still trying to pin criminal charges on Renea Gamble. Mayor Sherry Sullivan claimed the costume was an “obscene display” which would “not be tolerated in Fairhope.” City Council president Jack Burrell claimed the costume “violated community standards” Neither assertion is true, which means neither statement can support an arrest, much less the bringing of criminal charges.

Some of the initial enthusiasm for punishing Gamble was stifled when her arrest went viral, resulting in a nationwide discussion of this ridiculous situation. But apparently the town thinks it’s now safe to proceed with saddling Gamble with a criminal record.

Rather than dropping the case, the city attorney slapped Gamble with additional charges earlier this year: disturbing the peace and giving a false name to law enforcement. Her trial, first set to take place months ago, has been delayed multiple times. It is now set for April 15.

The “peace” wasn’t disturbed until Officer Babb decided he was going to take Gamble’s costume personally. And “giving a false name to law enforcement” is really stretching things when all Gamble did was sarcastically respond “Auntie Fa” when officers demanded her name after stripping her of her inflatable penis.

So, the case continues, which is only going to bring more embarrassment to town leaders and law enforcement officials. The backlash that greeted the arrest will return, which means the arresting officer may want to consider employment elsewhere. Hopefully, this will all end with the town cutting a check to Gamble for violating her rights.

Until then, Gamble is going to keep on doing what she does:

Gamble has tried to keep a low profile since her arrest. At the No Kings protest last week, though, the “No Dick Tator” sign appeared in the hands of a masked woman who wore dark sunglasses and a bandana over her face.

It was Gamble, again wearing an inflatable costume.

She was dressed as an eggplant.

People who view dissent as a threat, if not inherently unlawful, cannot ever hope to win. Acts like this only embolden those already involved in dissent and attract others to join the cause. They may have the power, but the people have the inflatable genitals and the will to use them.

Daily Deal: The Complete Raspberry Pi And Alexa A-Z Bundle [Techdirt]

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Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

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