lrvick
8 hours ago
Linux distro founder here (stagex)
I will never be compelled to implement this, and would never merge it.
Every release requires quorum signatures by an international maintainer team, and the distro is designed to work offline-first, with some variants not even supporting network drivers in the kernel, so Illinois legislators can eat shit.
bryanlarsen
8 hours ago
RedHat/IBM does have an Illinois presence so will likely be compelled to add it to their distro, and will likely do it through systemd. So to avoid it getting into any consumer distro you'd have to ship a patch to remove it from systemd.
This is probably all completely irrelevant to StageX since it's a distro designed to be used in containers, AFAICT.
iamnothere
6 hours ago
Fortunately patching out such nonsense is as easy as running a few commands.
Project tracking these laws and providing patches as needed: https://agelesslinux.org/
lrvick
7 hours ago
I run stagex on servers and workstations baremetal, however admittedly minimal. It can run lots of ways.
PunchyHamster
8 hours ago
IIRC systemd already started implementing some hooks for age verification API
novafunc
8 hours ago
systemd added a field where users can add their date of birth. It's completely optional.
It's not implementing age implementation, but can be used as a place to store a DOB in an age verification system.
LukeShu
7 hours ago
NB that you could already add your own freeform fields; it just added that field to userdbctl and friends.
miohtama
8 hours ago
AFAIK they were implemented by Microsoft staff.
LukeShu
7 hours ago
It was not. It was implemented by Dylan Taylor, an outside contributor who works at a fintech company in North Carolina, and has made it his hobby to submit PRs implementing age verification to all kinds of projects. The systemd maintainer who clicked "merge" (Luca Boccassi) does work at Microsoft.
dismalpedigree
6 hours ago
Sounds like Dylan needs a better hobby.
trhway
7 hours ago
how would it work in the age of everything virtual, from containers to VMs, even an OS instance running in a browser, with OS/kernels being spanned in sub-seconds and existing even for just one call with no user interaction. Are they going to inherit age bracket from supervisor/parent process? Which of course wouldn't work for AWS/GCP, and many other cases. It looks to me like it would require something similar to security labels implementation.
xeonmc
5 hours ago
Simple. If unconfigured, user birthdate should default to 1970-01-01
stockresearcher
3 hours ago
No. The stupid-ass law [1]:
> "Internet-enabled device" means a smartphone, tablet, or personal laptop or desktop computer that provides cellular or wireless connectivity, is capable of connecting to the Internet, runs an operating system, and is capable of downloading and running applications.
Enumerate all network interfaces. Are any of them cellular or wireless? No? Then the law doesn’t apply.
[1] https://my.ilga.gov/documents/legislation/104/HB/PDF/10400HB...
iamnothere
2 hours ago
Finally, my insistence on wired Ethernet pays off.
It sounds like you could even get away with a wireless USB dongle, as it’s not part of the computer.
nunez
2 hours ago
Probably stuff it KMS and expose via EC2 metadata...somehow
matheusmoreira
6 hours ago
Maintaining forks is pretty trivial now with AI.
otterley
8 hours ago
If you're in the USA or plan to visit someday, I would recommend you speak with your attorney before making such commitments.
lrvick
8 hours ago
I am in the USA, but I literally cannot comply because by design it is not possible for me to ship changes without the international maintainer team agreeing to them. And Illinois legislators have no power over them.
Also, we are not a company. We are an independent community owned project. Our code is free speech and I will burn the world down to defend that right.
Truly I dare someone to try to take me to court over this. Would be great publicity for our coercion resistant approach.
They might as well try to mandate code changes to a blockchain and mandate the whole world host them.
otterley
8 hours ago
There are a lot of remedies available to a court with respect to a recalcitrant party, ranging from an injunction to remove your product from the market to fines and imprisonment. Again, speak with your attorney. Do not try to "hack the law" yourself; many who have tried have regretted it later.
lrvick
8 hours ago
No need to hack the law. Our FOSS code is constitutionally protected free speech and I would defend on those grounds.
The technical design of the project just makes it so no one can force changes on the distro unwanted by the maintainer team regardless of any courtroom outcomes.
Like, what if someone made a law that said Bitcoin nodes must KYC? They could make the law I guess, and the international network operators would just laugh at it.
kube-system
8 hours ago
> Our FOSS code is constitutionally protected free speech and I would defend on those grounds.
You have precisely zero additional speech rights as a FOSS project than any other organization has. If "free speech" was a valid defense for you, then Meta would be doing the same.
> The technical design of the project just makes it so no one can force changes on the distro unwanted by the maintainer team regardless of any courtroom outcomes.
Being unable to comply is not a valid legal defense.
> Like, what if someone made a law that said Bitcoin nodes must KYC? They could make the law I guess, and the international network operators would just laugh at it.
This is the law in various places under various mechanisms. It is handled by putting people in prison or taking people's assets.
lrvick
5 hours ago
Okay well if they want to jail me for being unable to comply with violating the privacy of the users of the Linux distro I work on it. Cool, I guess.
They would sure be wasting a lot of resources and public goodwill with absolutely no positive outcome for their agenda. Which is why I do not think it will actually happen.
But if it does, it does. Not going to live my life in fear, I have more security and privacy tools to ship :)
kube-system
5 hours ago
I don’t think they’re going to spend any resources on going after you because:
* your project might not even qualify under the text of the law
* even if it did, the number of children using it to access social media is likely zero
DennisP
8 hours ago
Unless the PGP decision has been overturned, code as free speech is in fact a valid defense. If the government couldn't stop code they claimed were "munitions" from getting distributed, then it seems unlikely that they'll stop a Linux distro.
Corporations do whatever seems most profitable. We can't base our understanding of constitutional rights on whether Meta decides to defend them.
otterley
8 hours ago
There was no "PGP decision." You're making that up.
DennisP
7 hours ago
Maybe try google before making statements like that. The decision was Bernstein vs. US.
Prior to that, export controls prevented PGP source code from being exported from the US. Advocates printed it in books and exported those, which helped clarify the issue.
Bernstein was a math student who made his own encryption software. The government tried to make him register as an arms dealer, and he sued in 1996, with the backing of the EFF. The result was a landmark decision that established source code as free speech and basically destroyed export controls on cryptography.
In 2016, Apple cited the decision when the government tried to hack a suspect's phone, saying they couldn't be compelled to "speak" by writing code.
otterley
7 hours ago
It is you who needs to do your research. That was not PGP. The Bernstein case was about Snuffle.
In that very same case, the Ninth Circuit Court of Appeals said:
"We emphasize the narrowness of our First Amendment holding. We do not hold that all software is expressive. Much of it surely is not. Nor need we resolve whether the challenged regulations constitute content-based restrictions, subject to the strictest constitutional scrutiny, or whether they are, instead, content-neutral restrictions meriting less exacting scrutiny. We hold merely that because the prepublication licensing regime challenged here applies directly to scientific expression, vests boundless discretion in government officials, and lacks adequate procedural safeguards, it constitutes an impermissible prior restraint on speech."
DennisP
6 hours ago
Yes, I mentioned that Bernstein made his own software. But that was in the context of a huge public controversy over encryption regulations, mostly focused on PGP, and after the Bernstein decision, the Clinton administration eased up on export restrictions and moved them to the Commerce department. Junger vs Daley strengthened the Bernstein decision, ruling that all source code is protected speech.
otterley
4 hours ago
Yes, Junger v. Daley held that source code is speech for the purpose of First Amendment analysis in the Sixth Circuit. (The question has not yet been presented to the Supreme Court.)
But the inquiry doesn't stop there. First Amendment jurisprudence doesn't stop at asking the question "is this speech?". That's just a threshold question. If the answer is "no," then the case is analyzed one way. If the answer is "yes," then the case analyzed a different way. Think of it like a decision step in a flowchart.
Code being treated as speech doesn't automatically mean that software developers can do whatever they want, just like it doesn't mean that people who write, draw, make music, etc. can do whatever they want. It's not the magic unassailable defense you claim it to be. Courts will apply a balancing test to determine whether the Government's interest in prohibiting the speech outweighs the Constitutional interest in protecting it. The answer comes out different ways depending on the facts and the law, which is complicated.
For example, it's unlawful to make and distribute CSAM. It's unlawful to defame someone. It's unlawful to defraud someone. It's unlawful to violate others' copyrights. You have to label food and medicine a certain way. These are all forms of speech, but the courts have held that none of these restrictions (or requirements) violate the First Amendment. And I don't think we'd all be cheering someone on and claiming "code is speech" for someone who writes ransomware or software whose sole purpose is to drain your bank accounts or shut down power plants.
DennisP
3 hours ago
I didn't claim it's a magic unassailable defense. I claimed, contrary to the previous comment, that it's a valid defense. Maybe the courts will carve out a new exception for some particular type of code, maybe they won't, but what they certainly won't do is laugh at you for defending your code on free speech grounds. Just because a legislature passes a law doesn't mean the courts will agree that the law is valid under the Constitution.
And the bar for compelling any particular speech is generally quite high. Apple could not be compelled to put a backdoor in an iPhone, even though the suspect was the San Bernardino shooter, and this did not result in Apple losing their ability to sell iPhones. The courts may well hold that you can't compel a Linux distro to implement a particular feature either.
otterley
3 hours ago
This may be a matter of semantics. To me, a “valid defense” is a defense that always prevails—for example, that truth is a defense to a defamation claim in U.S. law. The rest, I call “possible defenses.”
Another possible definition, one you may have meant, is that there's a set of "invalid defenses" that could not possibly work, and the remainder are "valid" even if they might not prevail.
busterarm
7 hours ago
That wasn't PGP, it was Snuffle.
busterarm
7 hours ago
Correct. This is so wildly misunderstood. Zimmermann was investigated for 3 years but formal charges were never filed.
greyface-
8 hours ago
> Being unable to comply is not a valid legal defense.
Sure it is. Lawyers even have a pithy Latin maxim about it: lex non cogit ad impossibilia.
kube-system
8 hours ago
If you could stop doing that thing, it isn't an impossibility under lex non cogit ad impossibilia.
nemomarx
7 hours ago
what could they be compelled to stop doing here? Mechanically speaking, I mean. I can imagine fines or contempt of court, etc
But how would you remove an international distro from "the marketplace" if it's free and not operating a business?
kube-system
7 hours ago
It's not that complicated.
If there's a law that says "Anyone who distributes X must also Y" and you can't figure out a way to continue distributing X while also doing Y, the way you comply with the law is that you stop distributing X.
PaulDavisThe1st
5 hours ago
"Distributing" is doing a lot of work here.
A file hosted on foreign server might functionally be a system to "distribute" that file, but it is doubtful if a US state could prevent it from existing.
They could theoretically order US ISP's to cease providing access to said file, but that's a rabbit hole I'm not sure that Illinois or any other state really wants to go down.
kube-system
5 hours ago
Yes, most any law is primary enforced against people within the same legal jurisdiction. It matters less where the server is and more where the relevant people/organizations/assets are.
Major OS providers, including major Linux distributions, are all within reasonable reach of Illinois law.
It’s probably less relevant if you’re a hobbyist working on Hannah Montana Linux on the other side of the planet.
DoctorOetker
6 hours ago
None of this answers the question: even if @Irvick stops distributing or participating in any way with this "stagex" distro, that "stagex" distro continues its life outside of the jurisdiction, at most you start treating it like contraband drugs within your jurisdiction.
With LLM's anyone will be able to disengage such "default wars" in popular software, so there isn't really any border control when LLM's form a large surface area of the border.
kube-system
5 hours ago
That’s always been the case for things distributed on the internet. It’s irrelevant in terms of evaluating one’s personal compliance with the law.
wtallis
7 hours ago
If anyone is distributing it within Illinois jurisdiction (or maybe even distributing it elsewhere while maintaining a business presence in Illinois), they could be at risk of qualifying as an operating system provider under Illinois law.
taneq
5 hours ago
How does that work with data on a server outside of the jurisdiction, that’s freely available to download and re-upload? The ‘local legal presence’ thing might work, but then what if they only distribute it on (say) a thumb drive, sent outside the jurisdiction, which is then uploaded by a third party? This whole thing seems unenforceable (or worse, arbitrarily enforceable).
kube-system
5 hours ago
A court will care about what you do in the jurisdictions where it has power over you. What anyone else does is their problem, not yours.
Some oddball Linux distro really has no relevance to the larger picture that lawmakers are trying to accomplish though. The vast majority of kids are using iphone/android/mac/chromebook/windows. Basically zero are using esoteric container images to access TikTok.
hellojesus
25 minutes ago
But wouldn't this type of law drive youth to using more exotic distributions to get around the issue? It's not far fetched to think that kids will just live boot from tails or another distro to visit socials and circumvent this rule. Plus with unlocked pixel bootloaders it would be trivial for them to petition their parents for a pixel, hard reset it, unlock the bootloader, install grapheneos via the web installer, and then be on their way. If parents don't know how to monitor their kids I doubt they'll notice grapheneos not being base android.
otterley
7 hours ago
Same way anything else gets pulled from distribution. You shut down the servers, destroy keys, remove files, etc. Sure, the files may remain in circulation from unofficial sources, but that's not your problem, as long as you're no longer facilitating it.
tessierashpool
7 hours ago
> If "free speech" was a valid defense for you, then Meta would be doing the same.
Meta lobbied heavily for this. The fact that they have not decided to use free speech to fight the move that they are lobbying for is not an argument that free speech is irrelevant here.
This is not legal advice but a personal request: please do not get your legal advice from Hacker News. Get it from a lawyer.
kube-system
7 hours ago
Alright, then let me rephrase:
> If "free speech" was a valid defense to any legal compliance laws that affect software, then any software company would raise this defense this rather than comply.
DennisP
3 hours ago
And in fact, Apple in 2016 went to court rather than comply with the government's order to put a backdoor in the iPhone, and they argued their case in part on free speech grounds.
Whether other companies do the same depends on what they consider the most profitable path, including legal fees and risk.
lrvick
5 hours ago
Meta is a company. I am an individual.
nobody9999
7 hours ago
>If "free speech" was a valid defense for you, then Meta would be doing the same.
Is that some sort of in joke? Meta loves more surveillance, more data and more info about their vassals^W users.
I'm sure their lobbyists were pushing hard to get this law passed.
otterley
8 hours ago
The concern here is probably with the shipping of the product (i.e. the binary artifacts), not the code itself. I can imagine a situation in which you could continue to make the code available, but could not produce a shippable artifact from it that Illinoians could access.
lrvick
7 hours ago
If they are successful at doing so, then those distribution methods were too brittle.
I expect in response one of the maintainers outside US jurisdiction of their own volition publishes via bittorrent, tor hidden services, and embedding blobs in public blockchains with no help from me.
Then the problem the legislators sought to solve just got a lot worse, while calling a lot of attention to how little power they actually have to control decentralized FOSS software projects.
Of course another point of the project is building the entire thing from source code with deterministic results only takes a few hours. For many, this would be faster than downloading artifacts.
It is not needed for maintainers to publish binaries at all. Publishing signatures on the expected hashes would suffice at worst.
kube-system
7 hours ago
The person you replied to is using "could"/"could not" to mean "would comply with the law"/"would not comply with the law"
Nobody here is saying that anyone is going to swoop in and physically prevent this software from being distributed on the internet.
> Then the problem the legislators sought to solve just got a lot worse, while calling a lot of attention to how little power they actually have to control decentralized FOSS software projects.
The legislators who passed this don't give a shit about that. Their intended target of this legislation is mainstream devices and mainstream users.
lrvick
5 hours ago
Agreed. They are never going to actually come for niche Linux distros. All the more reason I am pushing back on all the fear.
The correct response from the Linux community is to say "fuck off", and get back to making their distros more secure, more private, and easier to use.
kube-system
4 hours ago
Major distros will comply because they want to sell their services in Illinois.
I don’t think noncompliance of a container image is much of a “fuck you” since I don’t think lawmakers have ever heard of you nor would they really care about your compliance anyway.
This bill is primarily about kids using smartphones.
otterley
4 hours ago
It's easy to be an Internet Tough Guy when you have nothing to lose.
iamnothere
3 hours ago
I see you’ve moved on to personal attacks, failing the “friendly advice” angle.
otterley
31 minutes ago
"Don't be an Internet Tough Guy" is among my friendly advice. People can see right through it, and it often works against you.
pornel
8 hours ago
Technical solutions may be seen as kindly as handcuffing yourself to something when told to leave. "I can't, I've made it impossible for myself to obey the law".
They might not be able to break your private keys, but they can fine you or jail you for not complying.
lrvick
7 hours ago
I could, at worst, resign from the project. International maintainers would carry on the work, but I will never be compelled to write code I do not wish to write.
aleph_minus_one
8 hours ago
> No need to hack the law. Our FOSS code is constitutionally protected free speech and I would defend on those grounds.
"Der Proceß" [The Trial] by Franz Kafka is just a realistic description of the court system (Franz Kafka studied law).
wkrsz
7 hours ago
What if you "complied" and released your personal version/fork with age verification that no one would use?
lrvick
7 hours ago
I could probably play games like this, but I outright do not believe this law is constitutionally valid, and believe it must be challenged by anyone they try to wield it against.
I would refuse to even give the appearance of compliance in hope to motivate others to do the same.
JoshTriplett
8 hours ago
> Again, speak with your attorney. Do not try to "hack the law" yourself; many who have tried have regretted it later.
Also reach out to the EFF, who may be able to help/advise, especially if you genuinely want to fight this.
This is a terrible law. That doesn't mean it's not a law, and courts do not look kindly on people subject to their jurisdiction (which unfortunately often includes state laws to people in other states) who try to dodge the responsibility the court thinks they should have.
lrvick
5 hours ago
If someone is stupid enough to try to target me over my open source Linux contributions, the EFF would be my first call.
blurbleblurble
8 hours ago
Or maybe we're at the point where we'll go to prison because of unjust laws.
otterley
8 hours ago
You first!
blurbleblurble
7 hours ago
With all due respect I sense that you might be neglecting the big picture. Unjust laws, slopped out illegal orders and an extreme activist court are all in play.
otterley
7 hours ago
Those are valid opinions. However, I also see a lot of bluster here about going to prison for their beliefs from people who wouldn't last a minute behind bars.
iamnothere
6 hours ago
Given your comment history, I suspect that you are sympathetic to these laws and you’re trying to prevent people from opposing them, using your “friendly advice” as cover.
Believe it or not, there are plenty of people in the US willing to go to jail (or worse) for their beliefs. It’s kind of the founding mythology of the nation.
US history is full of people who successfully challenged violations of their rights and government overreach. Success isn’t guaranteed, sure. It never is. But cowering in fear because the tyrants might put you behind bars is downright un-American.
otterley
4 hours ago
Not at all! I think these laws are dumb and I don't want my state to pass one.
But when I play, I play to win. Openly thumbing one's nose at the courts and the state is rarely a winning strategy. The way to win is through the democratic process: persuading elected officials to take your side. That, in turn, requires persuading the public to take your side.
DennisP
3 hours ago
On the contrary, civil disobedience involves openly thumbing your nose at the state, and it has a long history of successes.
Going to the courts instead of the legislature is another strategy that often wins. This is how Bernstein ended export restrictions on cryptography, by suing the government on constitutional grounds rather than trying to persuade legislators.
otterley
37 minutes ago
1. Civil disobedience has worked when the timing and circumstances are right. Most episodes of civil disobedience, however, have been ineffective. Remember Occupy Wall Street? Black Lives Matter? The violence that coincided with them was a major turn-off for most Americans. About the only one in recent memory that was successful was gay rights, and even that was a result of evolving social mores and media portrayal, not disobedience. It required a tremendous amount of patience: the Stonewall uprising was in 1969; All in the Family had TV's first portray of an openly gay character in 1971; and the Obergefell v. Hodges decision that legalized gay marriage was in 2015--46 years after Stonewall--and even that was a 5-4 decision.
2. Openly thumbing your nose at the law is not going to serve you well in court. What did Prof. Bernstein do when he was threatened with legal sanctions? He lawyered up and took his counsel's advice. His communications throughout the process remained factual and respectful even though his disagreement was clear. He did not go onto Hacker News and prejudice himself by saying things like "Illinois legislators can eat shit" and "I dare someone to try to take me to court over this." He was patient, let his lawyers do the talking, and did not get the judge pissed off at him.
Civil disobedience, as with the legislative and judicial processes, work through the power of persuasion. If you fail to persuade, your mission fails.
These processes involve emotional and imperfect people, not deterministic logical machines, and success ultimately requires making them happy (or at least not making enemies out of them). The system might not work, but you have to work the system.
iamnothere
4 hours ago
Ok, fine, but what you fail to recognize that taking a loud public stance against tyranny provides cover for people who are too scared to stand up for their beliefs.
Successful civil rights activism took place in an environment where people were being arrested, beaten, and even killed for standing up for what is right. You could even argue that this created fertile ground for the success of the movement. Failures of justice create hardened activists and support networks, and eventually public support.
otterley
4 hours ago
Comparing the "oppression" of a programmer who is forbidden from distributing an OS that fails to ask the user's age to the actual suffering of Black people in the U.S., who were regularly discriminated against and even lynched, is ridiculous. You'll never persuade ordinary people of this, that way.
blurbleblurble
28 minutes ago
Since when was surveillance disconnected from civil rights? Since never.
iamnothere
4 hours ago
Average people will come around when they start passing laws requiring deanonymization and arresting journalists and critics. (The latter is already happening, but I expect this to accelerate in the future.) Need to lay the groundwork for opposition now, and that means rallying dedicated people to the cause.
lrvick
4 hours ago
People used to have to die in masses for freedoms in this country. If the worst thing one could face for defending freedoms is some jail time until bail gets posted while the law determines their innocence then anyone who caves to pressure anyway is a complete coward.
And, since you seem to be making assumptions about what people you know nothing about could or could not hypothetically handle, maybe look a bit closer at my history. I have survived WAY harder shit than sitting in an air conditioned box with 3 squares a day for doing what I thought was right, so even if the threat of jail was credible, it would not deter me.
It is the bluster of people that think I even could be jailed for something like this that I am most amused by.
Truly it is fascinating and a bit sad how much fear there is in this thread over upsetting some state level officials.
s3p
6 hours ago
I'd trust the judgement on an open source maintainer on how to best maintain their code. Your comment seems like it was made out of genuine concern but I think you need a lawyer too before you can argue this with certainty
graceful6800
8 hours ago
There is no "market"
mebizzle
8 hours ago
Thank you for fighting the good fight.
rsyring
8 hours ago
Thank you.
28304283409234
7 hours ago
Honey, that just means you cannot ship.
polski-g
6 hours ago
If you're in the ninth circuit you're safe because of Bernstein v DoJ.
DennisP
3 hours ago
If you're in the sixth circuit you're even safer because of Junger vs Daley.
EA-3167
8 hours ago
I respect your principled stance on one hand, while on the other I’m amazed that someone as successful as you hasn’t learned that logic doesn’t dictate how governments work.
Don’t make a target of yourself, there are countless ways for a government to make your life miserable.
lrvick
8 hours ago
I will never show fear to tech-illiterate bullies trying to compromise constitutionally protected rights. That is how freedoms get quietly lost.
Users need to see that the people in positions of influence in FOSS projects they trust are not afraid of this bullshit.
I -hope- someone is stupid enough to take a case like this to court so we can establish some much needed case law here. These overreaches deserve to be contested.
JoshTriplett
8 hours ago
> I will never show fear
"never show fear" and "never engage intelligence" are two different things. Understand what people will do in response to your actions, and act accordingly to achieve the outcomes you want. Please by all means fight the law, and do so intelligently in a way that will actually help.
dooglius
8 hours ago
Can you be specific in how you think he is behaving unintelligently, and what you think that people will do in response to his actions?
otterley
7 hours ago
I'll bite. His statements in this very forum could he used against him as evidence of intent to violate the law, should he be prosecuted someday.
There's a reason why lawyers generally advise their clients to remain silent.
dooglius
7 hours ago
> There's a reason why lawyers generally advise their clients to remain silent.
Most people prioritize their finances (and non-imprisonment) over their rights, and attorneys will optimize for that expressed preference. GP has clearly indicated his priorities are different. That has nothing to do with intelligence. Someone having a different set of values than you does not constitute unintelligence on his part.
kube-system
6 hours ago
GP said they wanted to take it to court. I presume that means they wanted to win, in which case the best strategy is to discuss the issue in private with an attorney before making public statements that could undermine your ability to win.
If the actual priority here is advocacy, with no real desire to litigate, then I'd buy that.
JoshTriplett
6 hours ago
Exactly. More power to anyone who wants to fight this. But if the goal is to win that fight, do a better job of fighting, rather than acting like "oh, I have a structure that prevents me from complying" will somehow magically make a court go "eh, nothing we can do".
lovich
7 hours ago
Pretending like technical limitations protect him from being in violation of the law like another commentator made an analogy to handcuffing yourself to property you were told to leave?
His comments on this thread itself which establish intent to not comply with the law?
All power to him for going with his morals but he’s making unforced errors and should instead be contacting one of the several activist legal firms that would at least give him advice on how to protect himself and not follow through with this law if not outright pro bono legal defense.
lrvick
7 hours ago
No one is asking me to add code to stagex right now, so there is no actual legal situation I am in.
I am not even an owner of the project, I founded the project, but am now just one of many volunteer contributors. Are they going to mandate wikipedia volunteers alter pages to state guidelines as well?
We must not be afraid of stuff like this. It is blatant overreach I do not expect would stand legal challenge.
I am simply saying I would refuse to write code I do not want to write. I am honestly surprised people think this is such a scary thing to say.
The point of saying this publicly is not in order to harm or help my own defense of a court order from another state I will probably get.
It is to signal to legislators that if they decide to take this fight, it will be done with people not afraid to do it all in public to establish public trust. It is not even okay that people -think- it is possible for our FOSS projects to be altered or backdoored by any random state officials.
What next, asking Torvalds to add KYC to the kernel?
otterley
8 hours ago
> constitutionally protected rights
Wait, which constitutionally protected right is that? I'm an attorney and constitutional scholar and am particularly interested in what right you believe is being violated here.
misphrasing
8 hours ago
Code is speech. Forcing someone to implement something is legally-compelled speech, assuming no complicating factor like commerce.
hnlmorg
8 hours ago
I’m not a lawyer and even I know that argument would never hold up given the plethora of other laws that have been implemented through software. Not to mention copyright and patent claims too.
lrvick
7 hours ago
Being afraid and hoping you are never forced to add code to a project you do not want to add is letting the chilling effects work as designed.
We need to all loudly and publicly say "Fuck off, I will defend my rights if needed", so they understand how expensive the fight is going to be.
Fear is power. Do not give your enemies power.
hnlmorg
7 hours ago
People don’t disagree with your moral position. The problem is you’re bringing a butter knife to a drone fight.
There are more effective ways protest this law than posting punk-rhetoric on a nerd forum for a project that will likely fly under the governments radar anyway.
iamnothere
7 hours ago
Public expressions of defiance are motivating to people who don’t yet recognize that they have allies.
lrvick
4 hours ago
At least one person understands my intentions. You made my day.
iamnothere
3 hours ago
There are more of us than it appears, but we usually don’t speak out. Thanks for making a stand.
hnlmorg
10 minutes ago
We get their intentions. We just disagree with the effectiveness of it.
Posting rhetoric on an anonymous message board is not making a stand. If and when they’re doxxed by US media outlets, and slapped with life-changing court orders, with their work and families directly affected by their decisions; then they’re making a stand. But until that point, their words are as meaningless as their view of this law.
Eg I can confidently say I’m not going to comply with this law either. But you have no reason to assume that will make any difference nor that I wouldn’t fold the moment I’m put under the slightest amount of pressure.
otterley
7 hours ago
> hoping you are never forced to add code to a project you do not want to add
You keep saying that, but that's not the realistic outcome. The realistic outcome isn't an injunction forcing you to add code. It'd be to force you to pull it out of circulation.
lrvick
4 hours ago
They cannot force me to do either. But it would be a fascinating case study to watch them try. I feel it would only help prove the decentralized censorship-resistant tactics of the project work as intended. Government overreach should be in the threat model of every FOSS project.
otterley
8 hours ago
That argument has been going on for decades, and has had few victories in the court system. The DMCA, which prohibits trafficking in anticircumvention devices, even though there's a lot of code in them, is still alive and well.
lrvick
7 hours ago
And the DMCA has been rightfully weakened to the point that archive.org has every Nintendo Gamecube game ever made hosted for the public, for years, uncontested.
So too will these other silly laws go I expect.
iamnothere
7 hours ago
Not only that, but people like myself are working on underground distribution networks in case they’re ever needed.
Absolute worst case we’ll do sneakernet. More likely we’ll just distribute via overlay networks.
Some of us are crazy enough to be full on free speech martyrs, believe it or not.
kube-system
7 hours ago
There is pretty solid case law for the constitutionality of a variety of compliance requirements. If you can comply by being silent then they aren't really compelling you to do say anything.
soulofmischief
8 hours ago
Is is also clear that there are major deficits in our Constitution but that the amendment process has failed to survive a modern world.
Any of our original forefathers would recognize today's American federal government as an overreach from their indended form of government.
The only reason we aren't seeing a Boston Tea Party 2.0 over the recent string of coordinated assaults against our inalienable human rights is because surveillance capitalism is already coarsely achieving its goals of suppressing any civic participation which exists between the spectrum of ineffective political protest to the most desperate, radical action.
Some of those among us simply cannot drink this koolaid. A quote from MLK, Jr:
I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.
Further reading https://letterfromjail.com/otterley
4 hours ago
Are you seriously comparing the "oppression" of a programmer who is forbidden from distributing an OS that fails to ask the user's age to the actual oppression of Black people in the United States before the Civil Rights Era? The oppression that involved lynching?
Jesus H. Christ.
soulofmischief
3 hours ago
You have no idea who I am, what hardships I have dealt with, and clearly don't have a complete understanding of civil liberties if you cannot make the connection between the violation of two different Constitutional rights.
Your current negativity is not welcome, if you are an attorney then please conduct yourself with more professionalism. If you want to seek to understand, great, but now you are being aggressive and negative and making a host of unfounded assumptions.
otterley
3 hours ago
I'm happy to let the court of public opinion settle this one.
soulofmischief
3 hours ago
Is that your legal advice? Has this strategy worked for your clients before?
Edit: Poor taste to edit out your original comment with no acknowledgement. That was inappropriate and you know it, which is why you've now changed your comment.
blackqueeriroh
7 hours ago
Yeah but most of y’all wouldn’t accept the imprisonment willingly.
soulofmischief
6 hours ago
Who is "most of y'all"? Sounds like a generalization to me and a poor attempt at an appeal to character in order to undermine the perspective I've shared.
Have you been to prison? I've been incarcerated before already after having my rights violated. Let's not go there. Make less assumptions.
otterley
5 hours ago
Incarcerated temporarily (e.g. awaiting trial or a prosecution decision), or actually convicted and sentenced to imprisonment? These two things are not the same.
lrvick
4 hours ago
No one is being convicted and doing hard time for refusing to add age verification to a Linux distro. This is just more fear mongering.
It would be a fine or a few days of jail until bail is posted, at worst. And then a media shit show where the public is certain to side with the developer who is having their rights violated to discourage this from ever happening again.
The public even got the back of weev for his bullshit arrest. Weev, one of the shittiest people to ever live. But rights are rights.
otterley
4 hours ago
> No one is being convicted and doing hard time for refusing to add age verification to a Linux distro.
That's not the point. The point is that people who don't face a real possibility of being convicted and imprisoned are the ones who make the most noise about how they're willing to accept imprisonment (or, worse, are cheering on others to be imprisoned as some sort of Cyberpunk Martyr).
As I said elsewhere - it's easy to be an Internet Tough Guy when you (think you) have little to lose.
soulofmischief
4 hours ago
This reads like your personal fantasy. It's also insulting to people who stand by these words all the way down the slippery slope. People who spend time trying to make the world safer for you and others.
Instead of positioning yourself adversarially and making unfounded and unwarranted claims about others, it would be more productive to engage in good faith and seek to lend a hand.
You've already made flat-out incorrect assumptions about me, indirect or not. Calibrate yourself.
otterley
3 hours ago
My "personal fantasy"? Give me a break.
You've gone off the rails. You're not the hero saving the world that you make yourself out to be. Get over yourself.
I'm done with this thread.
soulofmischief
3 hours ago
You quite frankly have the conversational intelligence of a petulant child and I would not seek your legal advice in any matter if this is how you conduct yourself when discussing law with others online.
otterley
3 hours ago
I am ok with this. Sometimes a lawyer doesn't want certain clients, either.
iamnothere
3 hours ago
A non-practicing lawyer, by definition, has no clients. Just to be clear.
soulofmischief
2 hours ago
They also just went and silently changed multiple comments in order to make their replies look less edgy, petulant and unprofessional. I'm all for editing out swipes, but the lack of acknowledgement makes it clear that their last resort for turning this one around is manipulating the conversation after the fact to benefit themselves.
soulofmischief
4 hours ago
The public may have weev's back, but privately the majority of us disavowed him after he went full nazi in prison and doubled down on an alt-right agenda. I personally know people who signed the court petition to get him acquitted and they have rescinded support for him. That said, he shouldn't have gone to prison for that.
Anyway, the nature of a slippery slope like this one is that the punishments will get worse over time as the government further vilifies those who push against things like this and encryption backdoors.
soulofmischief
4 hours ago
You're right, they're not.
otterley
4 hours ago
So which was it?
soulofmischief
3 hours ago
I am amazed that an attorney would ask me to divulge this kind of highly personal information in a public forum when I am clearly trying to be discreet.
otterley
3 hours ago
I'm not your attorney; I don't owe you a duty of confidentiality. You're not being discreet at all; you brought up your prior incarceration, presumably in the hopes that it would help you prevail in this discussion. By so doing, you opened that door and made the issue relevant.
soulofmischief
3 hours ago
That has nothing to do with your general professional respect for others and knowing how to read the room.
otterley
3 hours ago
I've read the room. I think I'm okay.
soulofmischief
2 hours ago
Is that why you just felt the need to edit each of your comments in an attempt to make them less petulant and more substantial?
pixl97
8 hours ago
While they may take you to court over this, make sure you can survive sitting in jail at first if government decides to make an example of you.
And where code is speech, is a distribution speech? There's a lot of places for this to go sideways on you personally.
lrvick
8 hours ago
The fact people are scared, or scared for me, is in and of itself a problem.
But lets all wait for nothing at all to happen. Then confidence can grow over time that this is unenforceable in any effective way.
They should go back to trying to police piracy via bittorrent (lol).
EA-3167
7 hours ago
I think the issue here is that while the people here are aware of the history and "utility" of laws like the one above, most people aren't and right now "regulate social media, the internet, and what my kid does with computers" is having quite a day. Inevitably all of this is framed in terms of keeping children safe, whereas piracy is at most a misdemeanor of very little consequence.
Although I have no doubt that courts would ultimately side with you, the chance of becoming even a transient focus of a frustrated AG or congressperson looking to pin blame on "Out of touch and recalcitrant techies, the very ones who created this problem," is chilling. It's meant to be chilling, but it often works because he reality of what you'd go through on the way to eventual victory isn't trivial. Maybe you're willing to go through the courts (public opinion and otherwise), but if so the first thing any attorney you employ will beg you to do is stop talking the way you are.
tl;dr I think taking a stand is great, I support that, I think doing it now is a good idea. I don't think you should talk about it in public though, especially not in a literal, "Come and get me" way.
pixl97
6 hours ago
Ya, I think op needs to study the history of civil rights in the US on how to do these things. Quite often the people that were getting arrested and challenging the state were specifically chosen because they didn't have any kind of dirt to dig up. The state is perfectly fine with playing dirty inside and outside the courtroom. The state would love the person brining a constitutional challenge to suddenly be marred in the eyes of the public as some kind of deviant.
greyface-
8 hours ago
Good news: the legislation doesn't target you as an individual.
"Operating system provider" means a commercial or
non-profit entity that controls the Internet-enabled device's
operating system, including the design, programming, or supply
of operating systems for the Internet-enabled devices.lrvick
8 hours ago
stagex accepts tax deductable donations via opencollective but we do not actually have a registered legal entity, so yes, probably fine.
I mostly just want to make it clear this type of legislation is unenforceable and a waste of everyone's time.
lovich
7 hours ago
How are you deducting the taxes without a legal entity? Or did you just mean that they would be tax deductible but not that you are necessarily deducting anything.
reverius42
8 hours ago
> accepts tax deductable donations via opencollective but we do not actually have a registered legal entity
that, uh, sounds sketchy
lrvick
8 hours ago
Opencollective collects funds to distribute to open source project maintainers. Not that it matters. We have never collected a single donation, but figured it was worth a shot. lol.
reverius42
7 hours ago
I don't really get how that works in terms of being tax-deductible. So I looked it up, and lo and behold:
> Contributions to Collectives hosted by OSC are not deductible as charitable contributions for U.S. federal income tax purposes.
So, uh, no longer sketchy but not tax deductible in the US. See https://opencollective.com/opensource#category-ABOUT
moffkalast
8 hours ago
So OEMs will only be shipping Windows and that's more or less it.
lrvick
8 hours ago
And it will be wiped immediately as usual, so sure whatever.
imhoguy
8 hours ago
Or it will have some new TPM/SecureBoot guard rails to not let minors install unapproved systems. Think of children again ;)
lrvick
8 hours ago
I specialize in TPM security and know plenty of ways to bypass it with physical access to consumer laptop hardware, and would gladly make that easy for the public if needed.
But I hope they try this. It will be funny to watch the public humiliation of how hard it fails at scale.
iamnothere
7 hours ago
Some of us hoard stacks of old computers (and lots of source code) in case they ever try this! ;)
Reason077
8 hours ago
> ”Linux distro founder here (stagex)… designed to work offline-first, with some variants not even supporting network drivers”
If your OS doesn’t access the internet or isn’t intended to run browsers / social apps, then you are outside the scope of this legislation. That would be a bit like requiring a toaster to ask for your age before letting you operate it.
lrvick
8 hours ago
But someone could attach a GPU in the offline OS and use it to generate porn with local AI models! Oh no! How will we stop them?!
bluGill
8 hours ago
They can stop you from doing any work on the project. They can even fine or jail you for work done after the law takes affect that the international committee doesn't allow. Which is to say you can be forced to stop work.
Though if you don't live in IL it is unclear how this affects you.
lrvick
8 hours ago
Some time in jail or having to fight a fine for refusing to implement features in the constitutionally protected free speech code they author? If that is what it takes.
I do not want to go to jail, but if that is the only way to get to an outcome where people have confidence they can not be forced to add unwanted code to open source projects, so be it. But that is a pointless thought experiment because it will never happen.
I do not think anyone would be stupid enough to jail a FOSS developer for not agreeing to compelled speech, and if they did, an army of lawyers would be lining up to take the case I expect, with the full support of the public. It would be an insane thing to attempt.
We must loudly push back on the chilling effects intended here. Our free speech to write or not write any code we want will not be compromised.
blackqueeriroh
7 hours ago
This thing where you keep saying “it will never happen” is why you’re showing your ignorance.
Buttons840
7 hours ago
Can someone who knows the law explain to me how someone who lives in California, and hooks his computer in California, to a wire in California, from a company in California...
At what point do they become subject to Illinois law?
And can Illinois prosecute someone for doing something that is legal in California while they are in California?
lotsofpulp
7 hours ago
>At what point do they become subject to Illinois law?
When they sell to someone in Illinois, although there is probably some bullshit case law out there that says the website owner has to take basic steps to block Illinois users to avoid all IL jurisdiction.
>And can Illinois prosecute someone for doing something that is legal in California while they are in California?
No.
bluGill
3 hours ago
But CA cannot stop IL from demanding someone be sent to IL courts if they think an IL law was broken.
lotsofpulp
2 hours ago
IL laws can't be broken by someone not in IL that does not interact with anyone in IL.
Presumably, there is a defense available in court that would prevent CA from extraditing someone to IL who is innocent because they have nothing to do with IL.
EGreg
8 hours ago
Governments can hire a hitman to go after you, if you say something wrong. So can international crime syndicates. Will this have a meaningful effect on chilling your speech?
https://abcnews.com/amp/US/children-recruited-criminals-indu...
lrvick
8 hours ago
Pretty far fetched an Illinois legislator hires a hitman for a FOSS developer.
But to humor you, if they did, the distro would carry right on, so they would be taking a lot of risk with no progress on their objective.
I only sign like 1/3 releases these days so I am replaceable now. Decentralized control and decentralized trust was the whole point of stagex.
etc-hosts
7 hours ago
Representatives of the US government threaten to drone bomb anyone they disagree with all of the time now
username135
8 hours ago
i like the cut of your jib
amelius
8 hours ago
Just wait until all vendors are required to lock down their devices like Apple does. Apple has shown that it is possible, thanks Apple!
lrvick
8 hours ago
How many jailbreaks has Apple had now? I even have an Apple DRM bypass not public yet. We will be fine ;)
anymouse123456
7 hours ago
THIS. PLEASE THIS.
petcat
8 hours ago
> Linux distro founder here (stagex)
What does it mean to "found" a Linux distro? Can you describe it?
lrvick
8 hours ago
koalak
4 hours ago
Brother you are doing the worlds work stopping this type of "law".
If we don't like the law we keep doing the thing and enough people join and it gets changed to our liking.