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Culture War Roundup for the week of May 6, 2024

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Where is the innovation in any other industry over the past decades exactly?

You know, since they brought these in.

Let's go with a simple one - the shale fracking revolution in the oil/gas industry. But nobody is actually going to go counting these things, because no one really has any sort of consistent argument for which sorts of regulations stifle innovation. Again, I totally realize that they do sometimes, in some ways. But what sort of massive innovation is going to be stifled by requiring devices to not have default passwords? Like, surely we can agree on that one. We could at least leave open arguments for other requirements, and I would welcome a wide-ranging debate on them. But if we're stuck with just theoretical arguments, totally disconnected from any specifics, in a way that can't capture basic truths like, "Being forced to not have default passwords is not a significant barrier to innovation," then we're not going to get anywhere.

I complain about having to fill forms, you retort about the justifications for the form existing as if I didn't also have such a concern.

Ok, so you also have a concern about default passwords. What are you going to do about your concern?

Let's go with a simple one - the shale fracking revolution in the oil/gas industry.

This isn't exactly a revolution. The tech behind shale fracking was known for quite some time, it just wasn't put to use because the costs associated with it meant that it was uneconomical. It wasn't a major shift or technological advance that unlocked shale, but an increase in the cost of energy and a lot of financial chicanery that made it competitive with traditional fuel sources. There's a very plausible case to be made that the technology is ultimately a loser, and that the environmental damage it causes in the long run will be more expensive than the economic value derived from the crap fuels you get out of it.

Since we are talking about the UK, shale fracking is illegal there. Hardly a revolution.

Irrelevant. Obviously, people can choose to regulate something specific away. The question is whether there has been "any" innovation in "any" other industry (that is, the non-bits ones that have more regulation). Unless you're claiming that the US has no regulation on the oil/gas industry, the shale revolution, which literally has changed the world at a geopolitical scale, is a huge counterexample.

But there are many others. Space X. Ozempic. Etc. It's really hilarious to have all the huge techno-optimists, who think that AI and tech more broadly is going to revolutionize literally everything, and at the same time, they imagine that the tiniest amount of regulation on fucking light bulbs will grind literally everything to a halt.

That you can scoff at the idea that regulation can kill innovation doesn't mean it cannot.

I have never objected to the idea that regulation can kill innovation. Try again. Actually read what I've said and respond to it rather than a strawman. You have to at least try.

I'm following this conversation from the sidelines, and you're sure not making it easy to understand what you're actually saying, or what's it you're interested in debating, beyond generic sneering.

What are you confused about? This is a standard question of regulation, and the standard objections are that regulation can harm innovation and present barriers to entry. I have welcomed any detailed discussion of these features, but have objected to hyperbolic versions of them, that any epsilon amount of regulation instantly kills innovation to zero, for example. Some folks have quadrupled down on this hyperbolic claim, and are now claiming that I am making a hyperbolic reverse claim - that regulation cannot possibly impact innovation in any way. This is a bullshit strawman.

That is the broad context of the discussion. I also observed some of the features of the culture war. I'm not sure what you're confused about.

There's no point in talking about the specific merits of the specific regulations, since doing so is like the old joke about the prostitute -- "we've established that, now we're just arguing over the price".

Once you've accepted that the government should be regulating this sort of thing your road to hell is paved and greased. The end state might look like aircraft where nothing actually new can be built because the regulatory barriers are too high, it might look like buildings which all have to be basically the same because the rules constrain the solutions overmuch, it might look like dishwashers and laundry where new things are forced to be less and less effective due to regulators' efficiency obsessions. It won't look like innovation. It's not that any epsilon amount of regulation instantly kills innovation to zero; it's that having the regulatory framework in the first place makes satisfying the regulations Job One, and that job tends to expand until it fills the space. Over time, not instantly. And it tends to drive out the kind of people who would do the innovation, because they hate all the box-checking, on top of hating all the constraints themselves.

Ok, so California required default passwords four years ago. Your nightmare world has already arrived. We've already crossed over the epsilon threshold. The boot has already eternally stomped the artist, and you should have already exited the terminally ill tech sector. I don't know why you're complaining now.

Do you have a current complaint about the current regulation, or are you just complaining retroactively about California's regulation?

EDIT: It doesn't sound like you have a current complaint about the current regulation, because you say:

There's no point in talking about the specific merits of the specific regulations

But I want to make sure I'm not strawmanning you. Thus, I'm just trying to confirm that the appropriate understanding of your argument is that everything was doomed (at least) four years ago, and that you have nothing more to add. I think it could have saved us lots of digital ink if you had just spoken plainly about this being your position in the beginning.

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What are you confused about?

Your specific position. You've come in sneering at your perceived opponents, and when they respond you object that they got your position wrong. For example:

but have objected to hyperbolic versions of them, that any epsilon amount of regulation instantly kills innovation to zero, for example. Some folks have quadrupled down on this hyperbolic claim

No they haven't. Why do others have to get your position 100% right, while you're allowed to caricature theirs freely?

Let's look at the tape.

You can have protectionism and regulation if you want, but you can't get that and innovation.

Where is the innovation in any other industry over the past decades exactly? You know, since they brought these in.

You won't change it without breaking it such that it can't produce the new stuff any more.

The former person has at least walked it back to, "The debate is only on the magnitude of the effect.", and we have proceeded to have a more fruitful conversation since then. The latter obstinately refuses to make any more specific claims other than that the only thing you can do is to make it so that the industry "can't produce the new stuff any more". If they would like to walk this back from being in the land of hyperbole and into the land of reasoned argumentation, we'll be making some progress.

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shale fracking revolution in the oil/gas industry

That is a fair one, but It's also a very good example of just what I'm saying. I was part of the few people on the quite unpopular side of the oil industry here in Europe in the 10s when it was banned, for the same reason I'm on this side of this issue now.

If the UK wants to make such regulations it will reap the same sort of benefits: no toxic chemical pollution or chinese crap botnets, but also no innovation in these respective sectors.

It's a choice.

"Being forced to not have default passwords is not a significant barrier to innovation,"

You can not like that enforcing common sense rules to an industry through state mandates is a barrier to innovation all you want. It's not going to stop being true. The debate is only on the magnitude of the effect.

What are you going to do about your concern?

I don't buy chinese crap that spies on you, I tell people not to buy chinese crap that spies on you and I shame people who do so in my social circles.

Hell, I've spent years of my life writing symbolic execution software used specifically to make edge devices secure, some of which you may be using right now. What have you done?

If the UK wants to make such regulations it will reap the same sort of benefits: no toxic chemical pollution or chinese crap botnets, but also no innovation in these respective sectors.

So, will you then make a prediction along the lines of what I asked for in the OP? Are you predicting that tech companies will pull out of the UK rather than either upgrayyyeding their security practices for the world market or going with a dual product (one version that doesn't make absurdly basic mistakes for the UK market and one that does make those mistakes for the world market)?

The debate is only on the magnitude of the effect.

And I claimed that being forced to not have default passwords will have an incredibly low magnitude effect on innovation. Do you actually disagree with this, or do we agree?

I don't buy chinese crap that spies on you, I tell people not to buy chinese crap that spies on you and I shame people who do so in my social circles.

I do the same, but clearly that is not changing much about the world. Have you succeeded in changing the world through your evangelism?

Hell, I've spent years of my life writing symbolic execution software used specifically to make edge devices secure.

Then I'm sure you will be pleased that this work won't be going to waste by someone shaving a few cents off of the cost of your product by putting a default password on it. Honestly, hearing this, I'm really not sure what your concern is. Is it that your company's "We're Actually Secure" marketing is going to be slightly less effective, now that the floor has been raised? Did you really think that such marketing was really of all that much value in the first place? @The_Nybbler thinks that it's completely a waste and that no one would spend one red cent more for your secure product. Do you think he's wrong?

So, will you then make a prediction along the lines of what I asked for in the OP?

I can easily commit to saying that no major IoT startup success is likely to be based in the UK any time soon. But that's saying nothing given they're pretty much all American already for many other reasons.

Maybe some guy at Arm will have to add one more form to some pile or something.

I'm really not sure what your concern is

Europe at large is a dying crab bucket that everybody who can make things is leaving because if you try you reap only taxes and lawsuits.

That's my concern. John Galt is my concern.

Do you think he's wrong?

Yes and no. No chinesium lightbulb maker is ever going to bother with formally proving their code is correct because they don't care. But some connected things actually need to be secure so that you don't explode, catch on fire or get robbed.

I find the actually useful non gimmicky applications of IoT are in this latter category, and that for those the customer and the manufacturer usually know better than to cheap out.

I can easily commit to saying that no major IoT startup success is likely to be based in the UK any time soon.

Bruce Schnier noted that California had already implemented at least the number one item. Do you think that this is enough to also say that no major IoT startup success is likely to be based in California any time soon?

No chinesium lightbulb maker is ever going to bother with formally proving their code is correct because they don't care.

I don't believe anything in this requirement is aimed at formal code verification methods. I don't think that's a requirement that is on the table anywhere, except for perhaps some niche customers (e.g., military/space). Probably not even at most "critical infrastructure" places that could blow up or whatever.

I mean, honestly, if that's about all you have to say for what results from this, that no chinesium lightbulb maker is going to meet a standard that hasn't been proposed and that some critical application spaces are going to pay for good stuff anyway, that's kind of a nothingburger? Like, abstract senses about Europe (not even the UK) and wild references to John Galt aren't really "concerns" that can be addressed in context of the very specific document that we have in front of us. It really seems like you just don't have any meaningful concern that we can investigate.

Do you think that this is enough to also say that no major IoT startup success is likely to be based in California any time soon?

Nah, California has inertia and the funding apparatus there is still stronger than anywhere in the world, which is more meaningful. Not to mention the regulatory framework for innovation in general is looser in the US.

But it's telling that the companies that exist right now that fit the bill are also in Texas and Massachusetts these days, that used to be more rare. I wouldn't be surprised if we see some exodus. But it's probably down to the taxes than line items from small regulation.

I don't think that's a requirement that is on the table anywhere, except for perhaps some niche customers

You're forgetting automotive and think that energy grid infra is a lot looser than it actually is, but other than that it's broadly correct.

that's kind of a nothingburger?

I think we're talking past each other. This regulation in and of itself is a nothingburger. It's the tendency I'm speaking to, which is what was alluded to in the OP.

Regulation is a dynamic process, it never stops at one law and very few of its slopes are not slippery.

aren't really "concerns" that can be addressed in context of the very specific document that we have in front of us

In this house we discuss the Bailey, not the Motte.

But it's telling that the companies that exist right now that fit the bill are also in Texas and Massachusetts these days, that used to be more rare.

That's like, emphatically not true.

https://en.wikipedia.org/wiki/Massachusetts_Route_128#%22America's_Technology_Highway%22

Silicon Valley may be flashier and, at times in the last few decades, may have been 'bigger' or 'denser' when it comes to its tech startup scene, but the Boston Tech Corridor is old and still producing (and more diversified -- biotech and other startup intensive fields have more of a presence in Boston than in the Bay Area). This kind of thing follows prestigious universities. Even Texas used to be a big spot for this kind of thing in the meat of the 20th century for that reason, although I think it dropped out of the startup mushroom scene for a while.

You are right of course. And I did notice all these companies pop up next to the respective universities, back when I was a student myself.

Though I will say it's a question of timeframe. California has been a powerful magnet of talent in recent history. And that's for the entire world, not just America. My observation is only that this tendency seems to not be as strong anymore.

Whether or not that's due to poor Californian policy, mere return to the mean or just noise I won't claim to know for sure.

Do you think that this is enough to also say that no major IoT startup success is likely to be based in California any time soon?

Nah

Ok, cool. Then epsilon regulation doesn't instantly kill 100% of innovation.

I think we're talking past each other. This regulation in and of itself is a nothingburger. It's the tendency I'm speaking to, which is what was alluded to in the OP.

Regulation is a dynamic process, it never stops at one law and very few of its slopes are not slippery.

Well, then we can probably dig back into the history books to find the first actual regulation that was placed on the tech industry. Whenever it was, it was in the past. The complaint that if we have epsilon regulation, it will definitely be a slippery slope to infinite regulation was valid then, but we're past that threshold now. Now, regulation is a dynamic process; the question is whether this regulation is part of a slippery slope toward infinite regulation, or if it's actually mostly basic shit that everyone has already known they should be doing anyway.

In this house we discuss the Bailey, not the Motte.

I mean, no? It's literally TheMotte. And this betrays that your reasoning doesn't even follow the Motte/Bailey dynamics. It was:

So the motte-and-bailey doctrine is when you make a bold, controversial statement. Then when somebody challenges you, you retreat to an obvious, uncontroversial statement, and say that was what you meant all along, so you’re clearly right and they’re silly for challenging you. Then when the argument is over you go back to making the bold, controversial statement.

If anything, you're the one who is making bold, controversial statements (that innovation will grind to a halt, that no innovation happens anymore in any other industry that has any regulation). There's nothing comparable happening in the other direction. What even is the Bailey that you speak of?

EDIT: Your Bailey seems to be "an epsilon regulation grinds innovation down to zero". When someone challenges you on this, you retreat to an obvious, uncontroversial statement, like, "Regulation is dynamic," but try to sneak in some not-fleshed-out argument about a slippery slope implying infinite regulation. When pulled back to reality, and you're challenged to engage with actually-existing regulation, you're actually pretty silent, unlike at least gattsuru, who at least engages with what's actually going on rather than fever dreams. Why isn't the vastly more reasonable view that you're engaging in a Motte/Bailey argument, while not being able to point to any sort of Bailey from the other side?

It's literally TheMotte.

The fact that it's the wrong way around was remarked on at the time, newfriend.

But let me clarify since you're confused:

The Motte is "epsilon regulation doesn't instantly kill 100% of innovation", a very defensible claim. The Bailey is "I hear about [extensive compliance] from my friends in literally every other industry ever. They still seem capable of operating.", a controversial statement.

My own consistent position is that this regulation is a small advance that is inconsequential by itself but proceeds in a direction that is ultimately incompatible with innovation and that assenting to it is a slippery slope. I therefore oppose it in principle, much like I oppose other regulation that lead in the direction of encroachment of things that I cherish, no matter how reasonable it is.

You may say there are "reasonable" limits we can impose on free speech as well. I still oppose them no matter how reasonable they are.

You may then argue that slippery slope arguments are fallacious, to which I'll retort that they are only so when the slope isn't slippery, and that we have a veritable orgy of historical evidence that smaller regulation almost always lead to larger regulation.

The Bailey is "I hear about [extensive compliance] from my friends in literally every other industry ever. They still seem capable of operating."

This is a true statement about the world, not an outrageous claim, newfriend. You may be thinking that those words mean something other than what those words mean. What are you thinking they mean?

My own consistent position is that this regulation is a small advance that is inconsequential by itself but proceeds in a direction that is ultimately incompatible with innovation and that assenting to it is a slippery slope.

Great! We can surely then have a reasoned discussion about the nature of slippery slope arguments, trying to understand when they hold, to what extent they hold, and whether the premises required for them to have force are present here. I have never objected to the concept of a slippery slope arguments, but it does need some something behind it, otherwise it leaves us vulnerable to just any crazy extrapolation of anything in any domain. We probably wouldn't respond to, "Gay marriage is a slippery slope to marrying dogs!" with, "H-yup. All slippery slope arguments are perfectly valid and correct in all conclusions."

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