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🖋 Cory DOCTOROW
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PLURALISTIC

▸ les 10 dernières parutions

01.04.2026 à 12:59

Pluralistic: Trumpismo vs minilateralism (01 Apr 2026)

Cory Doctorow

Texte intégral (3872 mots)


Today's links


A US $100 bill. Benjamin Franklin's face has been replaced with an orange blur surmounted by yellow candy-floss hair. The '100s' have been altered to read '000' and the 'ONE HUNDRED' now reads 'NONE HUNDRED.' The Secretary of the Treasury's signature has been replaced with Trump's signature. The series of the bill reads '47.'

Trumpismo vs minilateralism (permalink)

As November Kelly has pointed out, the weirdest thing about Trumpismo is how the man seethes and rails against a game that is thoroughly rigged in America's favor, because he resents having to pretend to play the game at all:

https://pluralistic.net/2026/01/26/i-dont-want/#your-greenback-dollar

Before Trump, the deal was that everyone would pretend that we had a "rules-based international order" in which every country got a fair deal, even as America cheated like hell and sucked the world dry. It's really impossible to overstate how advantageous this was to America. By pretending to be a neutral interchange spot for transoceanic fiber cables, it got to spy on the world's internet traffic:

https://pluralistic.net/2025/11/26/difficult-multipolarism/#eurostack

By pretending to have a neutral currency, it got to exercise "dollar dominance" through which the nations of the world sent America the things they dug out of the ground or built in their factories, in exchange for America making small adjustments to a spreadsheet at the Federal Reserve. And by pretending its tech exports were neutral platforms, America got to raid the world's private data and bank accounts, spying and looting to its heart's content.

When Trump kicked off his campaign of incontinent belligerence – putting tariffs on the exports of countries populated only by penguins, trying to steal Greenland – it became impossible for the world's leaders to carry on this pretense.

This led to Canadian Prime Minister Mark Carney – the world's most Davos man – standing up at this year's World Economic Forum to denounce the whole post-war settlement as a bullshit arrangement, announcing that we were in a period of "rupture" and promising a new world of "variable geometry" in which "middle powers" would exist in overlapping webs of alliances, without the USA:

https://pluralistic.net/2026/01/27/i-want-to-do-it/#now-make-me-do-it

Now, thanks to Trump's America First agenda, America's many advantages are collapsing. The dollar is in retreat, with Ethiopia revaluing its national debt in Chinese renminbi:

https://fidelpost.com/ethiopia-and-china-move-toward-final-stage-of-debt-restructuring-agreement/

Even worse: Trump's disastrous war of choice in Iran is heading for a humiliating defeat for the dollar, with Iran announcing that any peace deal will require a $2m/ship toll to pass through the Strait of Hormuz, a toll they're already collecting, payable only in renminbi:

https://www.nbcnews.com/world/iran/irans-tehran-toll-booth-forces-tankers-pay-millions-leave-strait-hormu-rcna265258

(I really hope Trump's plan to rename it the "Strait of Trump" catches on, so that his name in invoked with every tanker that traverses the strait, weakening the dollar and America's power – a very fitting legacy.)

For the past quarter-century, I've fought the US Trade Representative in various international fora, as the USTR piled all kinds of conditions America's trading partners that made it impossible to pursue any kind of technological sovereignty:

https://pluralistic.net/2026/01/01/39c3/#the-new-coalition

Every now and then, I think about how furious the USTR must be, watching Trump blunder through all the subtle traps they wove around the planet.

Take the "digital trade agenda," a set of policies that the US has made its top priority for a decade. Countries that succumbed to the digital trade agenda had to agree not to pursue "data localization" (rules that ban companies from moving or storing data about the people of your country outside of its borders), and they had to agree to duty-free status for digital exports like apps, music, games, ebooks and videos.

Today, the digital trade agenda is in tatters. Data localization is the top priority, with projects like the Eurostack and the European Digital Infrastructure Consortium breaking all land-speed records to build on-shore apps and data-centers that will keep data out of the hands of American companies and the American government:

https://digital-strategy.ec.europa.eu/en/policies/edic

And this week, duty-free status for digital assets hit the skids when a meeting of the World Trade Organization saw America's demands for a 10-year renewal of a global deal fail because Brazil wouldn't agree to it. Brazil has good reasons to mistrust the digital trade agenda, after Trump and Microsoft colluded to shut down a high court judge's online life in retaliation for passing sentence on the Trump-allied former dictator, Jair Bolsonaro:

https://home.treasury.gov/news/press-releases/sb0211

Brazil blocked the 10-year renewal of the duty-free status of digital exports, worldwide. In its place, the US got a two-year renewal – meaning that US companies' ability to export their digital products after 2028 will depend on whatever Trump does in the next two years, a period during which we know Trump is going to be a raging asshole (assuming he doesn't have a stroke first).

Even more interesting: Brazil struck a "minilateral" digital duty-free deal with 66 non-US countries, including Canada and the EU:

https://www.csmonitor.com/Editorials/the-monitors-view/2026/0331/EU-and-Canada-lean-into-a-new-world-role?icid=rss

Now, the US is a powerhouse exporter of digital goods, and has been since the start. This was such a given that in Neal Stephenson's 1992 cyberpunk classic Snow Crash, Stephenson imagined a future where the US had all but collapsed, save for the three things it did better than anyone else in the world: "music, movies and microcode":

https://www.gdcvault.com/play/1015147/Music-Movies-Microcode-High-Speed

Today, America's media and software industries are dying, and Trump is holding a pillow over their faces. He stole Tiktok and gave it to his buddy Larry Ellison, whose failson's acquisition and merger of two of the five remaining studios Trump also waved through:

https://pluralistic.net/2026/02/28/golden-mean/#reality-based-community

Game studios are ensloppifying their flagship products, alienating their most ardent customers, and are laying off thousands of programmers and artists following incestuous mergers that leave them hopelessly bloated:

https://www.blog.udonis.co/mobile-marketing/mobile-games/activision-blizzard-layoffs

Meanwhile, there's a global cultural market that's sweeping away American media: from K-pop (and K-zombies) to Heated Rivalry to Brazil funk:

https://en.wikipedia.org/wiki/Funk_carioca

Now, thanks to Trump, there are just a couple of years until America's wilting cultural exports will face high tariffs from markets where international media is surging.

This is how the American century ends: not with a bang, but with a Trump.

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)

#25yrsago My new sigfile https://memex.craphound.com/2001/03/30/

#20yrsago TBL's "The Future of the Web" https://web.archive.org/web/20070706130940/http://webcast.oii.ox.ac.uk/download/oii/20060314_139/20060314_139.mp3

#20yrsago Bruce Sterling's bumper stickers https://web.archive.org/web/20060401010820/https://www.bumperactive.com/archives/000685.jsp

#15yrsago Kinect makes UAV even more autonomous https://www.suasnews.com/2011/03/mit-slam-quad-using-kinect/

#15yrsago This frozen yogurt store offers the best discounts around https://memex.craphound.com/2016/03/30/this-frozen-yogurt-store-offers-the-best-discounts-around/

#10yrsago Amazing fan-made Wonder Woman sweater pattern to download and knit https://www.ravelry.com/patterns/library/wonder-woman-2

#10yrsago Automated drug cabinets have 1400+ critical vulns that will never be patched https://www.helpnetsecurity.com/2016/03/30/1400-flaws-automated-medical-supply-system/

#10yrsago Playable records laser-etched in cheese, eggplant and ham https://web.archive.org/web/20160323075536/http://www.thevinylfactory.com/vinyl-factory-news/matthew-herbert-tortilla-edible-vinyl/

#10yrsago Up to half of the Americans killed by police have a disability https://www.theguardian.com/society/2016/mar/29/media-must-report-police-violence-towards-disabled-people

#10yrsago Judge says Citibank’s law-school loan isn’t “student debt” and can be discharged in bankruptcy https://abcnews.com/Business/judges-ruling-law-school-grads-debt-signal-seismic/story?id=37981518

#10yrsago How a street artist pulled off a 50-building mural in Cairo’s garbage-collector district https://www.nytimes.com/2016/03/29/world/middleeast/cairo-mural-garbage.html

#10yrsago CNBC’s secure password tutorial sent your password in the clear to 30 advertisers https://web.archive.org/web/20160331095151/https://motherboard.vice.com/read/cnbc-tried-and-massively-failed-to-teach-people-about-password-security

#10yrsago How DRM would kill the next Netflix (and how the W3C could save it) https://www.eff.org/deeplinks/2016/03/interoperability-and-w3c-defending-future-present

#5yrsago America needs a high-fiber broadband diet https://pluralistic.net/2021/03/30/fight-for-44/#slowpokes

#5yrsago Minimum wage vs Wall Street bonuses https://pluralistic.net/2021/03/30/fight-for-44/#fight-for-44

Upcoming appearances (permalink)

A photo of me onstage, giving a speech, pounding the podium.


A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)


A grid of my books with Will Stahle covers..

Latest books (permalink)


A cardboard book box with the Macmillan logo.

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

This work – excluding any serialized fiction – is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

https://creativecommons.org/licenses/by/4.0/

Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.

How to get Pluralistic:

Blog (no ads, tracking, or data-collection):

Pluralistic.net

Newsletter (no ads, tracking, or data-collection):

https://pluralistic.net/plura-list

Mastodon (no ads, tracking, or data-collection):

https://mamot.fr/@pluralistic

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https://bsky.app/profile/doctorow.pluralistic.net

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https://doctorow.medium.com/
https://twitter.com/doctorow

Tumblr (mass-scale, unrestricted, third-party surveillance and advertising):

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"When life gives you SARS, you make sarsaparilla" -Joey "Accordion Guy" DeVilla

READ CAREFULLY: By reading this, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies ("BOGUS AGREEMENTS") that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.

ISSN: 3066-764X

PDF

31.03.2026 à 12:00

Pluralistic: State Dems must stop ICE from stealing the midterms (31 Mar 2026)

Cory Doctorow

Texte intégral (3809 mots)


Today's links


A Democratic mule, kicking out. It has kicked an ICE agent into the air. Another group of ICE agents sullenly await their turn. The background is a ballot drop-off box.

State Dems must stop ICE from stealing the midterms (permalink)

Donald Trump has announced his intention to steal the midterms with a voter suppression law that would ban the mail-in voting that he himself uses (which he claims is not fit for purpose).

This voter suppression campaign is Trump's number one policy priority, and the Safeguard American Voter Eligibility (SAVE) Act that would accomplish this is behind the shutdown and aviation chaos that has hamstrung the country for weeks:

https://www.thenation.com/article/politics/save-act-voting-rights-congress/

SAVE requires voters to show up at the polls in possession of ID like birth certificates and passports, and it will fill our polling places with armed, masked ICE agents – you know, the guys who just randomly kidnap and murder people for having accents, speaking a language other than English, or being visibly brown.

During Trump's aviation crisis, Trump heard about "Linda," a woman who called into a far right talk-radio program to suggest that ICE be deployed to American airports to backstop the TSA agents who'd stopped showing up for work on the very reasonable grounds that they hadn't been paid in a month:

https://www.thedailybeast.com/trump-may-have-got-his-ice-airport-idea-from-linda-from-arizona/

Trump loved the idea and the next thing you knew, ICE was at the airports, hanging around like a bad smell and being totally useless. It turns out that the TSA is a trained workforce, unlike ICE, who receive precisely 47 days of training as a kind of MAGA Kabbalah (Trump is the 47th president):

https://www.wired.com/story/ice-agents-frustrate-airport-employees-as-shutdown-drags-on/

ICE's uselessness at the country's airports was beyond farcical, though, as ever, The Onion found and nailed the farce in "How ICE is assisting TSA":

https://theonion.com/how-ice-is-assisting-tsa/

Overseeing the removal of shoes, belts, and abuelas

Confiscating, then brandishing dangerous items

Assuming all milling-around duties

Culling weaker travelers when lines get too long

Commiserating about failing the police academy

Drinking any shampoo that exceeds the carry-on volume limit

Simplifying the customs interview to one question about skull size

But having ICE in the airports does serve one purpose. As Steve Bannon gloated on his podcast, ICE in the airports is a way to soften people up for ICE in the polling stations. He called it a "test run" for the midterms:

https://www.ms.now/rachel-maddow-show/maddowblog/steve-bannon-calls-ice-agents-at-airports-part-of-a-test-run-for-the-midterm-elections

Writing for Jacobin, Eric Blanc points out that Democrats don't have to sit by passively while Trump – who repeatedly promised that if you voted for him in 2024, "you won't have to vote anymore" – steals an election:

https://jacobin.com/2026/03/ice-trump-election-theft-laws/

That's because America has a federal system of government, and the administration of its elections is firmly, constitutionally, unarguably in the hands of the states, and the states have large collections of highly trained, highly armed officials who can enforce their laws.

On March 13, the New Mexico state legislature passed a law banning armed federal officials from showing their fascist asses anywhere within 50 feet of a polling place or ballot drop-box:

https://www.koat.com/article/new-mexico-prohibits-armed-agents-voting-sites/70729595

Other blue states like "California, Connecticut, Pennsylvania, Rhode Island, Virginia, and Washington" are contemplating similar laws.

It's a start, but as Blanc says, what the fuck are the other blue statehouses waiting for? This is a white-hot, hair-on-fire emergency. There isn't a moment to spare. This should be on the agenda for every union, at every demonstration, at every DSA and Democratic Club meeting. As Blanc says, if we wait until November to find out what Trump is going to do, it'll be too late. The time to act is now.

This is – as Blanc says – a "concrete, winnable demand that unions, student organizations, and immigrant and democracy defense groups could organize around today." And that organizing would "onboard and develop scores of new leaders in this fight nationwide."

I know where we can start. Unions across America have called for a general strike on May Day (May 1), under the banner "No work, no school, no shopping." As we rally on May Day, let defending our right to vote be at the top of our agenda. Mark your calendars:

https://www.google.com/maps/d/u/0/viewer?ref=paydayreport.com&mid=1_b8qBUINLYWeLiwpFSfUO2SmX2w6TWA&ll=37.724800549268%2C-96.94920235000001&z=4

(Image: Chad Davis, CC BY 4.0; Jami430, CC BY-SA 4.0; modified)

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)

#25yrsago Gobler Toys https://web.archive.org/web/20010331150924/http://www.goblertoys.com/pages/goblertoys.html

#20yrsago Power-strip with hidden GSM hardware https://web.archive.org/web/20060412201921/https://www.spy-labs.com/infinity.htm

#20yrsago I Hate DRM https://web.archive.org/web/20060406063345/https://www.ihatedrm.com/cs2/

#20yrsago GOP hopeful’s photo of “peaceful Baghdad” was really Istanbul https://web.archive.org/web/20060405225546/http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1002274257

#20yrsago Disney using freeware Disney-inspired font in its signs https://flickr.com/photos/mrg/sets/49427/

#20yrsago Yahoo could stay in China and stop sending its users to jail https://web.archive.org/web/20060411085309/http://rconversation.blogs.com/rconversation/2006/03/yahoo_abominati.html

#20yrsago AMC CEO: why we won’t show DVD simul-release movies https://web.archive.org/web/20060426042457/https://www.wired.com/wired/archive/14.04/start.html?pg=15

#15yrsago Canadian ISPs admit that their pricing is structured to discourage Internet use https://web.archive.org/web/20110401033318/https://www.michaelgeist.ca/content/view/5711/125/

#15yrsago Science fiction growth-chart takes your kid from Tribble to Vader https://web.archive.org/web/20110331134518/http://geeky-dad.tumblr.com/post/3869493918/my-daughter-is-turning-one-soon-and-i-decided-we

#15yrsago Open access legal scholarship is 50% more likely to be cited than material published in proprietary journals https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1777090

#15yrsago Senior London cops lie to peaceful protestors, stage mass arrest https://www.theguardian.com/uk/2011/mar/28/cuts-protest-uk-uncut-fortnum

#10yrsago Cuba’s free med schools are the meritocratic institutions that America’s private system can’t match https://www.wired.com/2016/03/students-ditching-america-medical-school-cuba/

#10yrsago As criminal justice reform looms, private prison companies get into immigration detention, halfway houses, electronic monitoring, mental health https://web.archive.org/web/20160331101534/https://www.ozy.com/fast-forward/private-prisons-fight-back/66970

#10yrsago Surveillance has reversed the net’s capacity for social change https://web.archive.org/web/20160429233747/https://m.jmq.sagepub.com/content/early/2016/02/25/1077699016630255.full.pdf?ijkey=1jxrYu4cQPtA6&keytype=ref&siteid=spjmq

#10yrsago Top Trump strategist quits, writes an open letter warning America about him https://web.archive.org/web/20160330035435/http://www.xojane.com/issues/stephanie-cegielski-donald-trump-campaign-defector

#10yrsago Doctors who get pharma money prescribe brand-name drugs instead of generics https://www.propublica.org/article/doctors-who-take-company-cash-tend-to-prescribe-more-brand-name-drugs

#10yrsago GOP’s anti-abortion strategy could establish precedent for massive, corrupt regulation https://web.archive.org/web/20160329045614/http://www.theatlantic.com/politics/archive/2016/03/fans-of-economic-liberty-shouldnt-be-so-quick-to-regulate-abortion/475566/

#10yrsago Turkish government tells German ambassador to ban video satirizing president Erdoğan https://web.archive.org/web/20260316070423/https://www.spiegel.de/politik/ausland/tuerkei-verlangt-offenbar-das-extra-3-video-zu-loeschen-a-1084490.html

#5yrsago Past Performance is Not Indicative of Future Results https://pluralistic.net/2021/03/29/efficient-markets-hypothesis/#statistical-inference

#5yrsago Big Salmon's aquaturf https://pluralistic.net/2021/03/29/efficient-markets-hypothesis/#aquaturf

#5yrsago Noble Lies https://pluralistic.net/2021/03/29/efficient-markets-hypothesis/#masks-and-trade

#5yrsago Monopoly so fragile https://pluralistic.net/2021/03/29/efficient-markets-hypothesis/#too-big-to-sail

#1yrago #RedForEd rides again in LA https://pluralistic.net/2025/03/29/jane-mcalevey/#trump-is-a-scab

Upcoming appearances (permalink)

A photo of me onstage, giving a speech, pounding the podium.


A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)


A grid of my books with Will Stahle covers..

Latest books (permalink)


A cardboard book box with the Macmillan logo.

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

This work – excluding any serialized fiction – is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

https://creativecommons.org/licenses/by/4.0/

Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.

How to get Pluralistic:

Blog (no ads, tracking, or data-collection):

Pluralistic.net

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https://pluralistic.net/plura-list

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https://mamot.fr/@pluralistic

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"When life gives you SARS, you make sarsaparilla" -Joey "Accordion Guy" DeVilla

READ CAREFULLY: By reading this, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies ("BOGUS AGREEMENTS") that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.

ISSN: 3066-764X

PDF

30.03.2026 à 19:27

Pluralistic: Market participation is exhausting (30 Mar 2026)

Cory Doctorow

Texte intégral (6728 mots)


Today's links

  • Market participation is exhausting: No one wants to be the sucker at the table.
  • Hey look at this: Delights to delectate.
  • Object permanence: EMI DRM v Brazil; "The Information"; Genome patenter v copyright troll (let them fight); Green investing isn't; Trump loves Big Tech; Kleptones' "24 Hours"; Lasermonks; Ransomware hospital; News co-ops; AI "art" sucks; Swisscom wifi is $838/24h; Millennials don't exist; Why Microsoft's chatbot turned Nazi; NYC's best dumpster-dived food; RIP Diana Wynne Jones; What really happened at the student protests in Trafalgar Square; Church-owned insurer has secret pedo priest files; Names that break databases; Reality-based communities; Hugo for websites; Cop cabs; Fake pediatrician group; Bring Your Own Bigwheeel; "How To Talk About Videogames."
  • Upcoming appearances: Montreal, London, NYC, Berlin, Hay-on-Wye, London.
  • Recent appearances: Where I've been.
  • Latest books: You keep readin' em, I'll keep writin' 'em.
  • Upcoming books: Like I said, I'll keep writin' 'em.
  • Colophon: All the rest.


An early 20th C painting advertising a magic show, it features a mustachioed, tuxedoed conjurer beating the Devil at poker with four aces in his hand, as a giggling demon on his shoulder whispers advice in his ear and the Devil looks chagrined. The image has been altered: the Devil now has Trump hair and orange skin. The demon perched on the magician's shoulder has the face of Adam Smith.

Market participation is exhausting (permalink)

We're a diverse species, cognitively speaking – different ways of thinking come more easily to some of us than others. I'm good at a lot of things, but I have terrible spatial sense. I can't parallel park or catch a ball, and I get lost so easily it's almost comical (it's a running joke in my family).

Luckily, I'm married to a woman with incredible spacial sense. My wife Alice can sit at one end of a basketball court and look at the scoreboard at the other end and say, "It's 1" off-center to the right and 1° off true clockwise." She'll be right. She's also a crack shot and an extremely proficient gamer (she was the first woman to play e-sports internationally, on the English Quake team).

I'm good at stuff she's not good at. I don't mind wading through personal admin and bookkeeping processes, while she finds these excruciating (and interestingly, it's reversed when it comes to work-related admin, which I find torturous and which she excels at). I love listening to audiobooks, which she can't focus on at all. She loves instrumental music, which I broadly find tedious; while I find it much easier to work while listening to music with great lyrics.

This is great. As a couple, we make up for one another's deficits and complement one another's strengths. Obviously, this is also true as a species: we all like doing different stuff in different ways, and that's good, because there is a lot of stuff to do, and it's pretty damned heterogenous. A complex, dynamic world demands a complex, dynamic response.

This is a bedrock of cybernetics, the study of systems control. The "law of requisite complexity" states, "in order to be efficaciously adaptive, the internal complexity of a system must match the external complexity it confronts":

https://en.wikipedia.org/wiki/Variety_(cybernetics)

Cyberneticians and systems designers understand that their job is partly to design a set of controls that are as complex as the system they modulate, and partly to simplify that system to make it possible to control. Think of how you can make a database search run faster by confining it to one field in records from the past year, or how you can hold down the shift key to constrain a rectangular selection tool so it draws perfect squares.

This happens cognitively, too. Pretty much anyone can track their expenses from a work trip, but the company bookkeeper needs to have a certain "head for figures" that lets them do this all day long, for everyone's expenses, so we limit the kinds of bookkeeping we ask normies to do, and reserve the heavy lifting for specialists.

As a freelancer, I hire a bunch of people who have cognitive strengths that I lack. My accountant isn't just a person who knows more about tax law than I do – he's also someone who can manage the reconciliation of all my bookkeeping spreadsheets better than I ever could, and without the psychic trauma I experience when I try to do this on my own.

Likewise, my publisher employs copyeditors and proofreaders who find the typos that my brain just doesn't see, and when they send me back my marked-up manuscripts for review, I ask my mom to give them a pass, because she finds the typos they miss.

Sitting between me and my publishers are my agents (I have several of these, one for English-language literary deals, another for foreign rights, another for media, and yet another for speaking engagements). I love these folks, partly because the better they are at their jobs, the easier it is for me to pay my mortgage, but especially because they really enjoy doing things I hate doing: a) asking for money, and; b) haggling.

For me, haggling is (at best) embarrassing. At worst, it's humiliating. It's always exhausting. But for my agents, it's invigorating. Many's the time I've gotten on a video call with my agents after they've concluded a successful deal and they're glowing. Call it what you will: cognitive diversity, emotional diversity, neurodiversity…my agents and I have it, and it's good for all of us.

And here's the thing that makes these world-class hagglers great: they can switch it off. They're competitive as hell, they love to bargain hard, but they understand that they're playing an iterated game, and if they crush the publishers' representatives they're up against, then they'll ruin my good name.

More: when the bargaining's done and we're having a nice chat about everyday things, or getting together for dinner, they're not on. They're just normal, not wrestling over every detail. Bargaining is what they do, it's not who they are.

That doesn't just make them bearable as human beings, it also makes them better at their jobs. There's an old pal with whom I've done some creative work, and at one point I needed to pay them for their part in a project. They asked me to route the payment through their manager, and this manager assumed I was just another production hiring my buddy, and let loose with his full power at me over this payment, haggling for paperwork that would make Creative Commons releases impossible, as well as other (normal but not appropriate in this case) conditions. I emailed my pal, who emailed their manager to stand down and treat this as a friendly negotiation, whereupon Mr Hyde became Dr Jekyll and we wrapped things up in about ten minutes.

These haggler types do very well in our society, which is organized around the idea of efficient markets, where everyone is always bargaining to the last breath in order to "maximize their utility."

This ideology isn't just an observation ("society is a market"), it's also a demand ("society should be a market"). People who find aggressive haggling invigorating have taken over the operations of our civilization, and they are determined to convert everything to a marketplace, from waiting on hold for the IRS to looking for a parking place:

https://pluralistic.net/2021/10/07/markets-in-everything/#no-th-enq

The people running this game are so invigorated by haggling that they can't not haggle. They make putting a price on everything into a virtue. They want to be able to sell their kidneys. More importantly, they want to buy your kidneys.

In Sarah Wynn-Williams's Careless People, there's a memorable incident in which Sheryl Sandberg is shocked to the roots of her hair when she is told that she can't go to Mexico and buy a kidney if her child gets sick. Her child isn't even sick! She's just offended that this hypothetical situation wouldn't be resolved by bargaining:

https://pluralistic.net/2025/04/23/zuckerstreisand/#zdgaf

For these people, cheating is just bargaining by another means. They embrace bizarre concepts like "revealed preferences," the idea that if you say you're dissatisfied with a bargain, but you accept it anyway, you have a "revealed preference" for the deal. In other words, if someone sells their kidney to Sheryl Sandberg in order to make the rent, they have a "revealed preference" for having only one kidney – and if they sell their privacy to Sheryl Sandberg in order to stay in touch with the people they love, they have a "revealed preference" for having their data extracted and exploited by Facebook:

https://pluralistic.net/2024/01/24/everything-not-mandatory/#is-prohibited

Trump is the apotheosis of this. The true "art of the deal" is just cheating. That's why he stiffed his workers, stiffed his suppliers, stiffed his backers and stiffed his base. If you can cheat and get away with it, it's not even cheating: "that makes you smart":

https://pluralistic.net/2024/12/04/its-not-a-lie/#its-a-premature-truth

"Caveat emptor" makes sense at a yard-sale or an estate auction – but it's no way to operate a government or conduct your daily life. It's exhausting:

https://pluralistic.net/2025/04/29/cheaters-and-liars/#caveat-emptor-brainworms

Running the world on "caveat emptor" isn't just a transfer from workers to the wealthy, it's a transfer from people who are exhausted by bargaining to people who are invigorated by it. It's a way of transforming just one of the many differences in how humans think into the single most important success criterion, the major determinant of your life's chances. It's a way for the invigorated to utterly dominate the exhausted. It's the elevation of "stop hitting yourself" into political ideology.

The antidote to this is something Dan Davies calls "The Club Med theory." He argues that while mostly we sneer at inclusive holiday resorts as a way to go on vacation without having to engage with another country's culture and people, that the original value of these resorts (still present today) is the way they let you go on vacation without participating in markets:

https://backofmind.substack.com/p/the-club-med-theory

Club Med was founded by an Olympian named Gérard Blitz whose insight was that "what people seek from a holiday is not luxury or material comfort, but happiness." For Blitz, the value of an inclusive resort wasn't the open bar and the buffet, "it’s the relief from participation in the everyday economy."

As Davies points out, class differences (between guests, at least) are erased at inclusive resorts. The richest person at the resort eats and drinks the same food, goes on the same excursions, and participates in the same activities as the poorest person at the resort (yes, this is less true of today's inclusive resorts, which are full of "up-charges," representing the triumph of people who are invigorated by bargaining over people who are exhausted by it).

For Davies, the beauty of an inclusive resort is that it removes the "cognitive demands" of a market economy, which are inherently stressful: "Every transaction is a decision, and decisions cost energy."

Davies proposes that "this is quite difficult for people to understand if they have an economics degree." Why would the resort restaurants improve their food quality if they're not competing for your business? Why would servers hustle to make you happy if they're not competing for tips?

But this is not what happens. Resort-goers love the bartenders at the swim-up bar, and they are frustrated to the point of fury with the people selling necklaces, sunglasses and massages on the beach. These sellers "live or die by their ability to persuade people to part with money in exchange for goods and services." It's exhausting to be them, and it's exhausting to be approached by them.

Davies says that the best strategy to get someone to part with their money isn't necessarily to provide good service. As he learned in his stockbroker days, you can also "pester them mercilessly until they pay you to go away." In an unregulated market, you don't get a single vendor who comes around and offers you sunglasses once a day. The equilibrium of that market is to be woken from your nap or interrupted from your book every five minutes by someone who's hustling to make the rent. The economy doesn't "price in the externality" of your plummeting satisfaction with your holiday.

Davies isn't the first person to observe this. As he points out, in 1963, Galbraith wrote:

Total physical and mental inertia are highly agreeable, much more so than we allow ourselves to imagine. A beach not only permits such inertia but enforces it, thus neatly eliminating all problems of guilt.

I read Davies's short post last week and it stuck with me. The more I thought about it, the more I liked it – and the more I thought that there was something missing from it: the idea that there are some people who hate a life without bargaining. These people are invigorated by bargaining and exhausted by "total physical and mental inertia." They need to be hustling.

The people who turn up their noses at an inclusive resort aren't just people who want to have the "authentic experience" of a distant land – some of them are people who want to spend all day hustling and being hustled. People who need that energy.

Those people have a place in the world. I don't want those people trying to sell me a timeshare or trying to rope me into their MLM, but I'd love to have them negotiating on behalf of my union:

https://pluralistic.net/2025/02/05/power-of-positive-thinking/#the-socialism-of-fools

But even then, I'd want them to be like my agents, capable of stepping back from constant bargaining and to cease their remorseless seeking of advantage. I wouldn't want them to be Sandbergian would-be buyers of kidneys, full of self-serving tales of revealed preferences, caveat emptor and "that makes me smart."

As with anything, the dose makes the poison. I know lots of hustlers who are fun as hell to hang around, whom I'd trust with my life or at least my password. A lot of libertarians fit this mold: people who are truly committed to voluntarism and intrinsic generosity.

But libertarianism, like any movement, is a coalition, and within that coalition is a large group of people – people who are invigorated by bargaining – who are committed to dominating others by exhausting them. For them, bargaining isn't a cognitive demand, it's a cognitive invigorator. To the extent that they understand this, they think it's just a sign that they are born to rule. Caveat emptor. Revealed preferences. That makes me smart.

What's more, for people on the losing side of this trade, losing the bargain means being poorer, and being poorer means more cognitive demands – rationing out your pennies and eeling through the impossibly narrow gaps between payday and the day the bills are due. This produces a winner-take-all dynamic in which the losers of the bargaining game have less energy and wherewithal to bargain the next time around.

This is beautifully unpacked in (what else) a science fiction novel, Naomi Kritzer's Liberty's Daughter, a young adult novel about the teen daughter of a libertarian cult leader who is growing up on a seastead:

https://pluralistic.net/2023/11/21/podkaynes-dad-was-a-dick/#age-of-consent

Kritzer's novel beautifully plays out the "stop hitting yourself" justifications that eventually allow her libertarians to enslave others – after all, in a truly voluntaristic society, why wouldn't you have the freedom to sell yourself into slavery? And if you claim later that you're unhappy with this arrangement, tough shit – you've got a "revealed preference" for being a slave.

Caveat emptor. If you're the kind of person who gets charged up by bargaining, then you were born to rule.

If bargaining means cheating, well, "that makes you smart."

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)

#25yrsago DIY circumcision revision (CW gross) https://web.archive.org/web/20010618005738/https://www.subgenius.com/subg-digest/v5/0206.html

#25yrsago Gen X guide to Disneyland https://web.archive.org/web/20010302143848/http://www.omnigroup.com/~cirocco/dizney/index.html

#25yrsago Hugo for best website https://web.archive.org/web/20010404222727/http://www.conjose.org/wsfs/wsfs_web.html

#20yrsago America’s worst WiFi hotels https://web.archive.org/web/20060404214142/http://www.hotelchatter.com/story/2006/3/27/21911/4235/hotels/Worst_WiFi_Hotels_2006

#20yrsago Help Peter Beagle sue the film-house that made “The Last Unicorn” https://web.archive.org/web/20060116061435/http://www.conlanpress.com/youcanhelp/

#20yrsago EMI releases Brazilian DRM CDs that totally hose their customers https://memex.craphound.com/2006/03/24/emi-releases-brazilian-drm-cds-that-totally-hose-their-customers/

#20yrsago Video reveals Belarus electoral fraud https://web.archive.org/web/20060506233026/http://www.media-ocean.de/2006/03/26/does-youtube-video-proove-election-fraud-in-belarus/

#20yrsago Kleptones new mashup double-CD free to download: “24 Hours” https://web.archive.org/web/20060810172451/http://www.kleptones.com/pages/downloads_24h.html

#20yrsago Steve Jobs, 2002: “You need the right to manage music on all devices” https://web.archive.org/web/20060509144710/http://www.songbirdnest.com/nivi/blog/jobs_france

#20yrsago Monks in Wisconsin refill printer cartridges https://web.archive.org/web/20060324043723/http://lasermonks.com/

#20yrsago DRM is Killing Music https://www.voidstar.com/node.php?id=2686

#20yrsago Swisscom WiFi at London conference centre costs $838.73/24h https://web.archive.org/web/20060329090917/https://benhammersley.com/FCE47259-78BA-4B5E-ABF2-F39B93520C85/Blog/C9043A4D-F791-4B7F-A8A7-3484779B4748.html

#20yrsago Most expensive Google ad keywords listed https://web.archive.org/web/20060325094245/http://www.cwire.org/2006/03/23/updated-highest-paying-adsense-keywords/

#20yrsago LA Times slams Marvel for trying to steal “superhero” https://www.latimes.com/archives/la-xpm-2006-mar-26-ed-superhero26-story.html

#15yrsago Microsoft switches off privacy for Hotmail users in war-torn and repressive states https://www.eff.org/deeplinks/2011/03/microsoft-shuts-https-hotmail-over-dozen-countries

#15yrsago Wisconsin GOP uses sunshine laws to harass prof who speculated about links with pressure group https://scholarcitizen.williamcronon.net/2011/03/24/open-records-attack-on-academic-freedom/

#15yrsago Koch-pranking Beast editor runs for Congress https://web.archive.org/web/20110326042435/http://www.murphycanhascongress.com/

#15yrsago Did Limewire shutdown really cause P2P music infringement to drop 30%? https://web.archive.org/web/20110428175101/http://copyfight.corante.com/archives/2011/03/24/cnet_and_others_get_it_wrong_miss_the_actual_story.php

#15yrsago Man who wants to patent genome gets legal threat for embedding James Joyce quote in artificial lifeform https://www.forbes.com/sites/davidewalt/2011/03/14/craig-venters-genetic-typo/

#15yrsago James Gleick’s tour-de-force: The Information, a natural history of information theory https://memex.craphound.com/2011/03/24/james-gleicks-tour-de-force-the-information-a-natural-history-of-information-theory/

#15yrsago NYT paywall sub is $100 more expensive than WSJ, Economist and Daily combined https://theunderstatement.com/post/4019228737/digital-subscription-prices-visualized-aka-the

#15yrsago RIP, Diana Wynne Jones https://www.theguardian.com/books/2011/mar/27/diana-wynne-jones-obituary

#15yrsago Front-line report from Trafalgar Square paints a radically different picture https://www.newstatesman.com/politics/2011/03/trafalgar-square-police-young

#15yrsago Deathless: Cat Valente’s beautiful fantasy of Stalinist Russia and the Siege of Leningrad https://memex.craphound.com/2011/03/28/deathless-cat-valentes-beautiful-fantasy-of-stalinist-russia-and-the-siege-of-leningrad/

#10yrsago Cop Cabs: The NYPD has at least three fake taxis on NYC’s streets https://www.muckrock.com/news/archives/2016/mar/28/nypd-taxicabs/

#10yrsago Peer-reviewed online expert system will help you if you’ve been poisoned https://www.webpoisoncontrol.org/

#10yrsago The “American College of Pediatricians” is a hate group with fewer than 200 members https://scienceblogs.com/pharyngula/2016/03/28/speaking-of-bad-science-never-trust-the-american-college-of-pediatricians

#10yrsago Ransomware gets a lot faster by encrypting the master file table instead of the filesystem https://www.bleepingcomputer.com/news/security/petya-ransomware-skips-the-files-and-encrypts-your-hard-drive-instead/

#10yrsago Security-conscious darkweb crime marketplaces institute world-leading authentication practices https://web.archive.org/web/20160331091155/https://motherboard.vice.com/read/some-dark-web-markets-have-better-user-security-than-gmail-instagram

#10yrsago Saudi embassy hired mafiosi to smuggle Turkish PM Erdoğan’s son out of Italy ahead of money laundering charges https://web.archive.org/web/20160311095055/https://awdnews.com/top-news/rome’s-police-spokesman-saudi-embassy-helped-erdoğan’s-son-to-escape-the-police-custody-using-a-forged-saudi-passport-and-disguised-as-an-arab-diplomat

#10yrsago Photos from Bring Your Own Bigwheel 16 https://www.jwz.org/photos/2016-03-27-bigwheel/

#10yrsago How to Talk About Videogames: a book that is serious (but never dull) about games https://memex.craphound.com/2016/03/28/how-to-talk-about-videogames-a-book-that-is-serious-but-never-dull-about-games/

#10yrsago Names that break databases https://www.bbc.com/future/article/20160325-the-names-that-break-computer-systems

#10yrsago Cops arrest public defender who was representing her client, face no discipline https://www.techdirt.com/2016/03/23/complaint-board-finds-police-officers-violated-policy-arresting-public-defender-who-demanded-they-stop-questioning-her-clients/

#10yrsago Vulnerability in recorders used by 70+ manufacturers’ CCTV systems has been known since 2014 https://web.archive.org/web/20160322204109/https://kerneronsec.com/2016/02/remote-code-execution-in-cctv-dvrs-of.html

#10yrsago Ransomware hackers steal a hospital. Again. https://krebsonsecurity.com/2016/03/hospital-declares-internet-state-of-emergency-after-ransomware-infection/

#10yrsago STUCK: Public transit’s moment arrives just as public spending disappears https://web.archive.org/web/20160327040633/https://motherboard.vice.com/read/the-immobile-masses-why-traffic-is-awful-and-public-transit-is-worse

#10yrsago East Harlem’s secret museum of gorgeous junk rescued from NYC’s trash https://www.atlasobscura.com/articles/fascinating-photos-from-the-secret-trash-collection-in-a-new-york-sanitation-garage

#10yrsago Heatmaps of the human body in varying emotional states https://www.pnas.org/doi/10.1073/pnas.1321664111

#10yrsago Man exonerated after video shows unprovoked police beating, cops insist all is well https://arstechnica.com/tech-policy/2016/03/video-clears-texas-man-of-assaulting-cop-did-police-commit-perjury/

#10yrsago What you think about Millennials says a lot about you, nothing about them https://www.youtube.com/watch?v=-HFwok9SlQQ

#10yrsago Jerks were able to turn Microsoft’s chatbot into a Nazi because it was a really crappy bot https://web.archive.org/web/20160325221619/http://motherboard.vice.com/read/how-to-make-a-not-racist-bot

#10yrsago When the antibiotics run out, maybe we can use GMO maggots to stave off infection https://link.springer.com/article/10.1186/s12896-016-0263-z

#10yrsago King Arthur’s grave was a hoax invented by cash-strapped 12th C monks https://arstechnica.com/science/2016/03/medieval-monks-used-king-arthurs-grave-as-an-attraction-to-raise-money/

#10yrsago Eating from the trash of New York’s finest grocers and restaurants https://www.youtube.com/watch?v=MJmCUSb-ZVo

#10yrsago Catholic Church-owned insurer has secret files on paedophile priests https://www.theage.com.au/national/secret-archive-of-paedophile-crime-kept-by-catholic-churchs-insurers-20160317-gnlc6k.html

#10yrsago Names that break databases https://www.bbc.com/future/article/20160325-the-names-that-break-computer-systems

#10yrsago Cops arrest public defender who was representing her client, face no discipline https://www.techdirt.com/2016/03/23/complaint-board-finds-police-officers-violated-policy-arresting-public-defender-who-demanded-they-stop-questioning-her-clients/

#10yrsago Vulnerability in recorders used by 70+ manufacturers’ CCTV systems has been known since 2014 https://web.archive.org/web/20160322204109/https://kerneronsec.com/2016/02/remote-code-execution-in-cctv-dvrs-of.html

#5yrsago Dirty NYPD cops can't lose https://pluralistic.net/2021/03/26/overfitness-factor/#heads-you-lose-tails-they-win

#5yrsago Dreaming and overfitting https://pluralistic.net/2021/03/26/overfitness-factor/#dreamtime

#5yrsago Good news about news co-ops https://pluralistic.net/2021/03/25/facebook-has-a-facebook-problem/#good-news

#5yrsago Zuckerpunch https://pluralistic.net/2021/03/25/facebook-has-a-facebook-problem/#played-for-zuckers

#5yrsago Green investing is a fraud https://pluralistic.net/2021/03/24/greenwashing/#bargaining

#

1yrago Trump loves Big Tech https://pluralistic.net/2025/03/24/whats-good-for-big-tech/#is-good-for-america

#1yrago Why I don't like AI art https://pluralistic.net/2025/03/25/communicative-intent/#diluted

#1yrago The AOC-Sanders anti-oligarch tour is all about organizing https://pluralistic.net/2025/03/26/not-me-us/#the-people-no

#1yrago Reality-Based Communities https://pluralistic.net/2025/03/27/use-your-mentality/#face-up-to-reality

#1yrago Big Tech and "captive audience venues" https://pluralistic.net/2025/03/28/street-pricing/#sportball-analogies

Upcoming appearances (permalink)

A photo of me onstage, giving a speech, pounding the podium.


A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)


A grid of my books with Will Stahle covers..

Latest books (permalink)


A cardboard book box with the Macmillan logo.

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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25.03.2026 à 08:08

Pluralistic: The cost of doing business (25 Mar 2026)

Cory Doctorow

Texte intégral (5414 mots)


Today's links


A stern robed judge at the top of an orange slide, holding a gavel, his feet facing us. He is in a courtroom. On the walls behind him hang portraits of Lina Khan and John Sherman.

The cost of doing business (permalink)

The most important part of any law, rule or policy isn't what it permits or prohibits – it's whether you can enforce the law at all.

After all, as odious as a law that forbids people from thinking mean thoughts about Trump would be, it would also be completely unenforceable, and would ultimately just not be very important, except as a symbol of Trump's evil.

This property is called "administrability," meaning, "the degree to which an authority can administer the policy." There are many dimensions to administrability, including "Is it even possible to detect whether this policy has been violated?" In that same vein, there're questions like, "If you discover someone has violated this policy, will you be able to stop them from continuing to do so?" For example, the US routinely indicts North Korean hackers, but unless those hackers visit a place that the US can inveigle into arresting and extraditing them, it's a mostly symbolic gesture:

https://www.justice.gov/usao-cdca/pr/3-north-korean-military-hackers-indicted-wide-ranging-scheme-commit-cyber-attacks-and

One undertheorized aspect of administrability is "fact-intensivity"; that is, are there difficult, fact-intensive questions that need to be answered in order to determine whether someone has violated this policy?

Think of probate law: probate is often a lengthy and expensive process, especially if the deceased is "intestate" (has no will). To probate an estate, all the deceased's assets have to be cataloged and assessed, claims of heirs and inheritors have to be evaluated, etc, etc.

People spend a lot of time and money creating wills and family trusts largely to answer these questions when they're easiest to resolve (when you're still alive and can clearly express your preferences), because it's even more expensive and time-consuming to answer these questions when you're not around anymore to weigh in on them.

As complex and time-consuming as managing your estate can be, there's nothing wrong in theory with having a complicated, careful process in place for dealing with it. Taking care of your loved ones and disposing of your assets is something that's worth getting right, and people have all kinds of highly individual preferences for this that requires a lot of flexibility in the system. Making a system that's very customizable but also robust against fraud (or even honest mistakes) requires a lot of administrative superstructure to hold it all together.

And besides, probate isn't something we have to do very often. After all, most of us will only die one or fewer times. It's not like we have to figure this stuff out every day. It's the kind of thing you can do every couple of decades, over several hours, spread out over weeks.

Frequency, then, is the enemy of fact-intensivity. If you had to do probate-level form-filling to buy a cup of coffee or pay your electricity bill, that would be nuts. For one thing, it would be full employment for lawyers – and it would cost so much that by the time you got to the cafe or the gas-pump, you'd be too broke to actually complete the transaction.

This comes up a lot in discussions of tech policy, because once you computerize something, you can start to do it very quickly, which means that policies that added, say, a 1% admin overhead to a task before it was digitized can add up to a 1,000% overhead once it's digitized.

The best example of this is copyright: copyright is the most fact-intensive doctrine you deal with on a day to day basis. Technically, conclusively determining whether you have the right to forward an email could take a lawyer a whole day. Sure, most email forwarding is "fair use" (that is, it fits into one of copyright's "limitations and exceptions"), but any decent IP law prof could come up with ten email forwarding hypotheticals in ten minutes that could occupy a whole fourth-year IP law class for an entire semester.

One of the reasons copyright is so fact-intensive is that it was designed to be invoked infrequently. We're talking about a legal regime that was designed to answer questions about book and music publishing (and then adapted for other kinds of media), and even the most prolific publisher or label is going to deal with double-digits' worth of new works per season.

Meanwhile, the people working at that same publisher are likely forwarding hundreds, if not thousands of emails per day. If the publisher's copyright lawyers had to review every one of those forwards, they would never publish another book. They would go bankrupt.

Obviously, that's not how things work.

Why not, though?

Well, mostly because we just pretend copyright law isn't there. To the extent that we do acknowledge the potential for copyright liability from everyday activities that no one ever asks a lawyer to sign off on, we manage that liability through shitty, one-sided contracts. You have undoubtably clicked on dozens of agreements this year wherein you warranted that nothing you were doing violated copyright law (a neat trick, given that you probably have no idea whether any of the activities you routinely engage in could violate copyright) and further, you indemnified someone else for "all costs arising from any claims" associated with your activity.

That's an unbelievably shitty, one-sided clause for you to have "agreed" to, since "any claims" includes claims with no merit and "all costs" includes "money we paid someone who brought a bullshit claim to just go away."

In other words, you routinely click through these nonsense "agreements" where you promise to give every cent you have to anyone who wants it, if the company that made you click through that bullshit decides to promise some deranged rando a million bucks to settle their wild accusation that you violated their copyrights.

For complicated reasons, we're not all drowning in copyright lawsuits all the time, but if someone really wanted to fuck you up and they had deep enough pockets, they could use the fact that you're a giant, routine copyright infringer (just like everyone else) to wreck your life for years.

So obviously, it would have been better if we'd done some major refactoring of copyright law once the internet came along. My preferred fix? Carve out activities unrelated to the media industry's supply chain from copyright altogether:

https://pluralistic.net/2023/10/21/the-internets-original-sin/

Copyright isn't the only fact-intensive doctrine that's challenged by the cadence of digital life. The internet lets us do a lot of things, very quickly, meaning that even small factual questions pile up beyond any reasonable capacity to resolve them.

Take the debate over content moderation and hate speech. Hate speech and harassment online are serious problems and they disproportionately affect people who are getting the shitty end of the stick in the offline world, too. The legacy platforms obviously don't give a damn about these people, either.

So it's tempting to attempt to use policy to solve this real problem. Even if the US wasn't being run by a trollocracy, this would probably be a nonstarter in America, because hate speech is protected by the First Amendment, and purely speech-based harassment is hard to punish without falling afoul of 1A.

But other countries – notably the EU – are having a go at it. I think this is a doomed effort – but not because hate speech isn't a serious problem! Rather, because hate speech regulations are very fact intensive, and hate speech is very common. Frequency is the enemy of fact-intensivity.

Say the EU creates a rule requiring platforms to take reasonable measures to prevent hate speech. This requires

  1. arriving at a common definition of hate speech;

  2. adjudicating whether a given user's speech rises to that definition; and

  3. determining whether the platform's technical measures were "reasonable."

This is the work of months, if not years. And hate speech happens hundreds of times per minute on the big platforms. It's just not an administrable policy.

Now, just because policy isn't administrable, it doesn't follow that there's nothing to be done. There's other ways to give relief to the targets of harassment and hate speech. To get to those ways, we have to ask ourselves why people who are tormented by trolls stay on the platforms that expose them to abuse.

There are plenty of extremely wrong explanations for this floating around. One is that Mark Zuckerberg and Elon Musk are Cyber-Rasputins who can hypnotize us into using their platforms even if we don't like them, by "hacking our dopamine loops." This is a very silly explanation: everyone who's ever claimed to have perfected mind-control was a liar and/or deluded:

https://pluralistic.net/HowToDestroySurveillanceCapitalism

Another is that people are lying (possibly to themselves) when they say they don't like being harassed on legacy social media platforms. This theory – from neoclassical econ – is called "revealed preferences," and it holds that people whose actions go against their stated preferences are "revealing a preference" for the thing they're doing.

This is the sort of thing you end up believing in if you incur the kind of neurological injury that arises from pursuing an economics degree, which causes you to be incapable of reasoning about (or even perceiving) power. "Revealed preferences" tells you that if someone sells their kidney to pay the rent, they have a "revealed preference" for having one kidney.

Thankfully, there's a much simpler explanation for people's continued use of platforms where they are subject to abuse and harassment. It's this: the only thing worse than being a member of a disfavored minority who is subject to abuse and harassment is being a member of a disfavored minority who is subject to abuse and harassment who is also isolated from your community.

Leaving Facebook or Twitter means leaving behind the people who comfort and support you when you are subject to abuse. The more abuse and discrimination you face, the more that support matters, and the harder it is to leave that community behind. You love your community more than you hate Zuck or Musk, so you stay, because as much as you love them, it's transcendentally difficult to coordinate a mass departure for somewhere else. This is called the "collective action problem" and it's a regressive tax on the most abused platform users and communities.

This is a problem we can solve with policy! We can mandate that platforms support interoperability, so that when you leave a legacy platform like Twitter or Facebook for a modern platform like Mastodon or Bluesky, the messages addressed to you on the legacy platform are forwarded to your new home. That way you can have the people you love without the platform you hate.

This is a very administrable policy. The main lift is figuring out the nuts and bolts of interoperability, and while that's a big technical project, it's the kind of thing you only have to do once or twice. Then, if a platform fails in its duty to forward your messages after you leave, it's very easy for a regulator to determine whether it's violating the rules – they just have to send a message to your old account and see if it shows up for your new account:

https://pluralistic.net/2022/12/19/better-failure/#let-my-tweeters-go

A hate speech policy is hard to administer because it requires resolving a bunch of fact-intensive questions. A "right to exit" policy replaces all those fact-intensive questions with a bright line policy ("if you don't forward your former users' messages, you are guilty"), which can be administered at high speed.

Whenever a fact-intensive policy that regulates an infrequent activity fails because the activity becomes more frequent, you have two choices: you can either slow down the activity, or you can replace the fact-intensive questions with bright-line tests that can be resolved much more quickly.

But more often, we fail to do either, and everything goes very badly indeed.

That's more or less what's happened with "merger scrutiny," the part of antitrust law that lets competition regulators (or competitors) block or put conditions on mergers that involve large firms.

In these merger scrutiny cases, plaintiffs who challenge a merger are expected to resolve a bunch of extremely fact-intensive questions. Fail to resolve any of these questions and the merger goes ahead.

The most pernicious fact-intensive question that arises in antitrust cases is "market definition." That's pretty much what it sounds like: "What market is this company doing business in?" If you can prove that the companies in a proposed merger are in the same market, then it's a lot easier to prove that allowing the merger would reduce competition.

The problem is that "market" is a very slippery concept. As Tim Wu describes in his excellent book The Age of Extraction, "market definition" creates a near-infinite amount of wiggle-room:

https://www.wired.com/story/tim-wu-age-of-extraction/

When Wu was serving in the Obama FTC, he had a front-row seat for Google's acquisition of Waze. Now, obviously these companies are direct competitors, but the Obama administration wanted the merger to go through (it was dominated by people who thought monopolies are efficient and didn't want to do their jobs). So these officials decided that Google Maps' market was "finding out where you are" and that Waze's market was "getting you somewhere." It was really that stupid.

Writing for the Law and Political Economy project, Hal Singer explains how the fact-intensive nature of the "market definition" question makes it virtually impossible to prevent market concentration and abuse of dominance:

https://lpeproject.org/blog/the-market-definition-trap/

From Livenation/Ticketmaster to Paramount/Warner Brothers, the "market definition trap" leaves the public virtually defenseless before efforts to reorganize the economy into extractive, rapacious cartels.

In a recent interview with the Do Not Pass Go podcast, Paul Crampton (Canada's recently retired top competition judge) talks about the tsunami of mergers that Canada's Competition Bureau is expected to oversee:

https://www.donotpassgo.ca/p/inside-canadas-competition-court

Fact-intensive market definition questions can't possibly be resolved at the pace of mergers. That's because companies' preferred growth strategy is combining, rather than competing. There's plenty of political problems with merging Paramount and Warner, but there's also a huge economic problem, because these companies are direct competitors who will soon operate as a single firm.

The M&A industry has staged a denial of service attack on its regulators, accelerating the pace of mergers involving large firms far beyond the ability of a regulator to resolve the fact-intensive questions these mergers raise. They've flooded the zone, and after the mergers go through and the companies start abusing their customers, workers and competitors, these same market definition questions bedevil any attempt to rein in this abuse of dominance.

Singer makes some excellent suggestions for legal reforms to resolve this, moving some of the fact-intensive questions to bright-line ones, such as "whether the challenged conduct injured workers, consumers, or some other counterparty."

This is the right approach. As we plan for a future in which legislatures recognize the enormous harms that monopolization inflicted on our societies, we need to come up with more bright-line rules for antimonopoly rules. These will lack some of the subtlety that fact-intensive treatment affords, but you can't do fact-intensive adjudication for high frequency activities. So maybe we say that no company can acquire or merge with another company more than once in 18 months, or that companies that share more than 10% of their customers can't merge.

Some "good" mergers will fail these tests, but that's the price we pay. If you want to move mergers from a rare occurrence to an everyday, you're going to have to accept a loss of nuance in the rules for these mergers. The alternative is the ugly, self-destructive mess we have today.

(Image: Harrison Keely, CC BY 4.0; DocteurCosmos, CC BY 3.0; modified)

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)

#25yrsago Warner Bros v Potter fandom https://web.archive.org/web/20010331091849/http://www.potterwar.org.uk/home/index.html

#20yrsago Rant transcript from Game Developers’ Conference https://web.archive.org/web/20060404230422/http://crystaltips.typepad.com/wonderland/2006/03/gdc_game_develo.html

#20yrsago Union Pacific threatens to sue painters, model railroaders over trademark https://web.archive.org/web/20060413085045/https://www.trains.com/community/forum/topic.asp?page=-1&TOPIC_ID=60666&REPLY_ID=681783#681783

#20yrsago US frequent flier programs deliver less and less https://www.nytimes.com/2006/03/21/business/still-loyal-to-your-airline-you-must-be-looney-tunes.html

#20yrsago Mother Jones on IP overkill https://www.motherjones.com/politics/2006/03/intellectual-property-run-amok/

#20yrsago Comic advises women to call anti-abortion Senator to make their choices https://web.archive.org/web/20060321230542/http://minimumsecurity.net/toons2006/6034.htm

#20yrsago HOWTO become an early riser https://stevepavlina.com/blog/2005/05/how-to-become-an-early-riser/

#15yrsago Trademark thought experiment: when should intermediaries be cops? (Barista vs. Barbie) https://memex.craphound.com/2011/03/23/trademark-thought-experiment-when-should-intermediaries-be-cops-barista-vs-barbie/

#15yrsago New York Times advances weird, self-destructive trademark theory to prop up its paywall https://memex.craphound.com/2011/03/23/new-york-times-advances-weird-self-destructive-trademark-theory-to-prop-up-its-paywall/

#15yrsago LSE economists: file sharing isn’t killing music industry, but copyright enforcement will https://arstechnica.com/tech-policy/2011/03/is-file-sharing-the-global-future/

#15yrsago Anti-union group: send us secret, unlimited donations so we can bring transparency to politics! https://web.archive.org/web/20110325141411/https://www.wmc.org/MediaOutlet/display.cfm?ID=2485

#15yrsago Why Rebecca Black fascinates us, and why the mashups suck https://www.happyrobot.net/words/pony.asp?id=10233

#15yrsago Understanding the SSL security breach, preparing for the next one https://www.eff.org/deeplinks/2011/03/iranian-hackers-obtain-fraudulent-https

#10yrsago Airlines celebrate record profits, having killed bereavement fares https://www.latimes.com/business/la-fi-lazarus-20160322-column.html

#10yrsago Bake: homemade Jabba the Hutt peeps https://www.starwars.com/news/jabba-the-hutt-marshmallow-treats

#5yrsago Tories pass Grenfell costs onto tenants https://pluralistic.net/2021/03/23/parliament-of-landlords/#slow-motion-arson

Upcoming appearances (permalink)

A photo of me onstage, giving a speech, pounding the podium.


A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)


A grid of my books with Will Stahle covers..

Latest books (permalink)


A cardboard book box with the Macmillan logo.

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

This work – excluding any serialized fiction – is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

https://creativecommons.org/licenses/by/4.0/

Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.

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