On Thursday, July 4, 2002, at 05:49 PM, Lucky Green wrote:

I am looking for a quote by a TCPA or Palladium principal that states that TCPA and/or Palladium will be voluntary or optional. Google was not helpful. Did anybody on here run across such a quote in one of the interviews recently published? Please include the URL/citation.

And even if such a quote is found, such a promise will not be legally binding. We should be very worried about the news that Intel and AMD are already signing up to include some form of DRM or BBI (Big Brother Inside) "rights enforcement" circuitry in future chips. (If MS provided the specs separately to Intel and AMD, and perhaps other vendors of CPUs, then perhaps no violations of the antitrust laws occurred. If, however, Intel and AMD got together and came to an agreement on what BBI circuitry to include, this almost certainly would violate the Sherman, Clayton, etc. Acts. While I am not a fan of antitrust laws, we may want to use them to stop spyware from being included in CPUs.) Some have argued that such circuitry is harmless so long as it is "voluntary." I disagree. It's a dangerous as builders includng video cameras in homes with the proviso that the video signal would only be used to enforce agreed-upon uses of products...or with a court order from the government. Though this is only speculation at this point (few of us, least of all me, have the inside track on what Microsoft, Intel, and AMD are plotting, or what the discussions with Congress, the NSA, HomeSec, and the FBI have covered), I think building in Big Brother is dangerous no matter what "promises" or "assurances" have been given. "The cyanide release mechanisms adopted voluntarily by the National Homebuilding Association and the Zoning Approval Boards represent no threat to law-abiding Americans. Release of cyanide requires a valid court order signed by at least a GS-9 employee." Last time Intel tried to activate its CPU BBI circuitry, AMD very publicly said "We won't do it!" and Intel backed down. From what is dribbling out of Redmond and D.C. this time around, it looks like AMD has been convinced (by who?) to include DRM/BBI spyware in future CPUs. These vendors have _probably_ (I am speculating) received assurance that spyware will be _mandated_, to head off exactly the kind of egg-on-its-face problem Intel experienced. In game theory terms, none of the vendors look forward to having a competitor "defect" and then tout their "we won't spy on your computer" CPU. They must all hang together, or hang separately. I expect it will be "voluntary mandatory." (I remain skeptical about stopping piracy, for other reasons.) --Tim May (Mandatory Voluntary Internet Self-Rating Follows) V-CHIP CONTENT WARNING: THIS POST IS RATED: R, V, NPC, RI, S, I13. [For processing by the required-by-1998 V-chips, those reading this post from an archive must set their V-chip to "42-0666." I will not be held responsible for posts incorrectly filtered-out by a V-chip that has been by-passed, hot-chipped, or incorrectly programmed.] ***WARNING!*** It has become necessary to warn potential readers of my messages before they proceed further. This warning may not fully protect me against criminal or civil proceedings, but it may be treated as a positive attempt to obey the various and increasing numbers of laws. * Under the ***TELECOM ACT OF 1996***, minor CHILDREN (under the age of 18) may not read or handle this message under any circumstances. If you are under 18, delete this message NOW. Also, if you are developmentally disabled, irony-impaired, emotionally traumatized, schizophrenic, suffering PMS, affected by Humor Deprivation Syndrom (HDS), or under the care of a doctor, then the TELECOM ACT OF 1996 may apply to you as well, even if you are 18. If you fall into one of these categories and are not considered competent to judge for yourself what you are reading, DELETE this message NOW. * Under the UTAH PROTECTION OF CHILDREN ACT OF 1996, those under the age of 21 may not read this post. All residents of Utah, and Mormons elsewhere, must install the M-Chip. * Under the PROTECTION OF THE REICH laws, residents of Germany may not read this post. * Under the MERCIFUL SHIELD OF ALLAH (Praise be to Him!) holy interpretations of the Koran of the following countries (but not limited to this list) you may not read this post if you are a FEMALE OF ANY AGE: Iran, Iraq, Saudi Arabia, Kuwait, United Arab Emirates, Qatar, Egypt, Jordan, Sudan, Libya, Pakistan, Afghanistan, Algeria, Lebanon, Morocco, Tunisia, Yemen, Oman, Syria, Bahrain, and the Palestinian Authority. Non-female persons may also be barred from reading this post, depending on the settings of your I-Chip. * Under the proposed CHINESE INTERNET laws, covering The People's Republic of China, Formosa, Hong Kong, Macao, Malaysia, and parts of several surrrounding territories, the rules are so nebulous and unspecified that I cannot say whether you are allowed to read this. Thus, you must SUBMIT any post you wish to read to your local authorities for further filtering. * In Singapore, merely be RECEIVING this post you have violated the will of Lee Kwan Yu. Report to your local police office to receive your caning. * Finally, if you are barrred from contact with the Internet, or protected by court order from being disturbed by thoughts which may disturb you, or covered by protective orders, it is up to you to adjust the settings of your V-Chip to ensure that my post does not reach you. *** THANK YOU FOR YOUR PATIENCE IN COMPLYING WITH THESE LAWS ***