Addendum: Valenti, continuing to be wrong

First off: in my previous post, I thank Timothy Wu, Eric Brander, and Wikiquote for helping find quotes, but my thank-you note makes it sound like these people helped me personally. They did not; they provided the quotes from Valenti to the whole world, not just me. I alone am solely responsible for the quotes I picked out, but I still thank the previously mentioned folks for making the quotes easier to find.

Now, then. There were a few Valenti quotes that I wanted to include in my last post, but I felt like I couldn’t find a good place for them. So, they’re going here. Without further ado, more incorrect statements from Jack Valenti, starting with his thoughts on a fan edit of a film:

It’s like drawing a mustache on the Mona Lisa.
– from this New York Post article, 8 June 2001

Just so we’re clear here, Valenti was complaining about The Phantom Edit, a fan-made remix of The Phantom Menace that received praise from Star Wars fans, compliments from professional critics, and condoning from Lucas and Lucasfilm. And Valenti compared it to puerile vandalism. Then again, maybe he’s paying it a compliment; some people consider drawing a mustache on the Mona Lisa to be fine art

I found the most convincing part to be the working stiffs, the guys who have a modest home and kids who go to public schools. They make $75,000 to $100,000 a year. That’s not much to live on. I don’t have to tell you that.
– from this Entertainment Weekly Article, 18 April 2003

Here, Jack is talking about those anti-piracy PSAs that keep showing up before the film finally plays, telling us how copying is stealing and how if we don’t pay for movies, all the working class of Hollywood will go out of business. To put the numbers in perspective, the global average yearly income in 2010 (made by averaging the GNI per capita) is about $11,000 per year, according to this World Bank report. Here in the USA, our GNI per capita is currently about $53,000 per year, according to the latest data. For further reference, the official poverty line in the USA is $23,550 and under for a family of four. And here’s Jack, trying to stir our sympathies for people who earn a hundred grand a year in show business. Won’t somebody think of the poor little rich people?

Of course, before he retired, Jack’s salary was $1.35 million per year, so maybe he has a different perspective on money than the rest of us.

What needs to happen is we all sit down together in good-faith negotiations and come to some conclusions on how we can construct a broadcast flag (for keeping digital TV content off the Internet), on how we plug the analog hole (allowing people to record digital content off older televisions and other devices), and how we deal with the persistent and devilish problem of peer-to-peer.

There are more than nine and a half million broadband subscribers now. Once those large pipes and high-speed access subscribers begin to increase, we can be terrorized by what’s going on.
– from this interview with John Borland, 4 April 2002 (archived on 3 June 2002)

In that interview, Valenti is speaking in favor of the proposed CBDTPA, which would have mandated the inclusion of so-called “trusted computing” hardware in all digital devices (called the “Fritz chip” after the bill’s sponsor, Ernest “Fritz” Hollings). As usual, Jack had no idea how technology actually works (and neither did Hollings). “Trusted computing” leads to some terrible consequences. Richard Stallman, who does know how technology works, calls it “treacherous computing”, describing it as a “plan to take away our freedom” that would create a “paradise for corruption”. And here’s Jack, saying that we need to have “good-faith negotiations” to figure out how to implement this. But it gets better; not only is the plan evil, it’s also stupid. Here’s Edward Felten’s take on the Fritz chip:

This was the digital traffic cop that would sit inside digital media devices and prevent them from doing bad stuff. But it’s worth noting that the law would have, the bill would have included the Fritz chip in every digital media device that was built in the United States. And there are a great many diverse digital media devices. Here are some examples. Big Mouth Billy Bass is a digital media device, because he plays music that’s recorded in digital form. Also the electronic whoopie cushion, as advertised on the Howard Stern show, plays recorded digital content which happens to be copyrighted. Think about that. Any my personal favorite the Kung Fu Fighting Hamster. I actually have him here to give you a performance. That’s copyrighted audio. Not to mention other devices like digital hearing aids, which would have to vet the sounds that came into a listener’s ear to make sure they weren’t copyrighted, and digital sewing machines which would have to vet the patterns of stitchery that were to be put onto cloth to make sure they weren’t copyrighted. Because in fact, embroidery patterns are copyrightable, and Senator Hollings brought to Capitol Hill to testify a person who makes their living by creating embroidery patterns.

So that was problem number one, the Fritz chip would have be built into nearly everything, including devices where it clearly wasn’t needed. The bigger problem was problem number two, how was this thing going to work? What technology could you design which would actually prevent bad things from happening? Well here’s what the Hollings bill said about this: It said that the, whatever the Fritz chip, whatever the design of the Fritz chip was, it should be reliable, renewable, resistant to attack, readily implemented, modular, applicable in multiple technology platforms, extensible, upgradable, and not cost prohibitive. Which is all well and good as a goal, but again the question, how is this thing going to work? And the truth is that nobody who knew much of anything about technology had any idea of how you could possibly do such a thing. And it was, in testimony I submitted to the Senate I likened the standardization of the Fritz chip to the creation of a standard system for teleportation. And it just wouldn’t do for the Senate to pass a bill that said we will make a standard for teleportation and we’ll do it within eighteen months. After that we’ll teleport all over the place.

And the fundamental reason why nobody knew how to build a Fritz chip is because of this dilemma: Any Fritz chip you built, had to either to allow universal computers or ban them. If you allow universal computers then you allow consumers to do absolutely everything you’re afraid they’ll do. And then what’s the point? Or if you ban them then you’re throwing out the baby with the bathwater. And we no longer have universal computers, we no longer have a universal Internet and the entire computer revolution goes out the window. Much too high a price to pay to protect ourselves against copyright infringement.
– from this talk at Princeton University, 12 October 2004

The Fritz chip: designed to take away freedom, inherently impossible to implement, and endorsed by Jack Valenti. After all, we have to do something about all those devilish college kids terrorizing the MPAA with their P2P software. And when John Borland asked Jack for a response to those who felt that “the Hollings bill would take away some of their rights”, Jack’s response was: “What rights are we talking about? I’m not trying to be glib.” Let me give a non-glib answer: the right to control our own computers and the right to securely communicate. You can’t stop P2P without killing either of those.

But Valenti doesn’t much care about the right to control your own computer:

I do not believe that you have the right to override an encryption. Because if you have the right to do it, everybody can do it. For whatever benign reason you have, somebody else has got one even more benign. But once you let one person deal in a digital copy — and I don’t have to tell you; you know far better than I that, unlike in analog, the ten thousandth copy is as pure as the original — it is a big problem. So once you let the barriers down for your perfectly sensible reason, you gotta let it down for everybody…
Let me put it in my simple terms. If you take something that doesn’t belong to you, that’s wrong. Number two, if you design your own machine, you can’t fuss at people, because you’re one of just a few. How many Linux users are there?
– from this interview with Keith Winstein

Keith Winstein is arguing for the right of Linux users to build and use computers that can get past access control measures without having to obtain a “license”. But Jack insists that Keith and his fellow Linux users (like me) do not have such a right. Why? Because if they did have such a right, then they could easily decrypt their DVDs and record broadcasts, and they’d have lovely, shareable digital files, which are “a big problem” for Mr. Valenti because they’re too easy to share. And after all, to share those files would be “to take something that belongs to somebody else”, so we just have to prevent everyone from overriding encryption, don’t you see?

And then there’s the right to securely communicate:

My second recommendation is to resist those who are clamoring for a copyright exemption for on-line service providers. On-line service providers and others have a key role to play in freeing cyberspace of the taint of copyright lawlessness. Accountability for copyright violations committed by users is as essential for advancing this indispensable goal.

Who is responsible if a valuable copyrighted work is downloaded from a provider, and then copied on a digital video machine from which thousands of copies can be made, the last copy as pure and pristine as the first? And if no one can be held responsible, then who and what is to prevent the flood that will surely follow? This is a loophole larger than a parade of eight-wheelers through which a dam-busting avalanche of violations can rupture the purpose of your bill every day.

Although there has been much said about the dire consequences of applying existing standards of copyright liability to on-line service providers, in truth, there is as yet no evidence of any disfunction [sic] in the statute that requires fixing. No court has found an on-line service provider to be guilty of infringement except where the provider participated in infringing activity or was actually aware of infringing activity carried out by a user of the on-line service. Despite what you have heard, there is no imminent threat of debilitating damages against “innocent” on-line service providers.
– from testimony to the House of Representatives, 7 February 1996 (archived on 26 February 2005)

Well, I’m all for freeing cyberspace from the “taint” of “lawlessness”. Let me quote a successful European politician:

One of the primary demands of the Pirate Party has been that the same laws that apply offline should also apply online. I think it’s an entirely reasonable thing to demand; the Internet is not a special case, but part of reality. The problems appear when an obsolete but powerful industry realizes that this just and equal application of laws means they can’t enforce a distribution monopoly any longer.

The politician was Rick Falkvinge, describing here why we should insist on having the same legal protections online as offline, including privacy, postal secret, and due process. Rick goes on to describe how media companies have pressured on-line service providers to help them wiretap and censor online communication, and points out that we wouldn’t let this kind of thing happen to postal communications, so why are we putting up with it happening online?

And as for there being “no imminent threat of debilitating damages”, we have good evidence that there is such a threat. Innocent people are getting hurt, and more will get hurt if people keep favoring copyright over other rights. Jack Valenti should have known this and cared about this, but he chose not to.

But I shouldn’t be surprised that he’d do something like that. After all, he was the kind of guy who said things like this:

I think lobbying is really an honest profession. Lobbying means trying to persuade Congress to accept your point of view. Sometimes you can give them a lot of facts they didn’t have before.
– from an interview with Derek Slater

An honest profession, you say? Oh, Jack. No wonder you get everything so wrong.


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