SAMBA versus SMB: Adversarial Interoperability is Judo for Network Effects
Before there was Big Tech, there was "adversarial interoperability": when someone decides to compete with a dominant company by creating a product or service that "interoperates" (works with) its offerings.In tech, "network effects" can be a powerful force to maintain market dominance: if everyone is using Facebook, then your...
House Judiciary Committee Continues Its Antitrust Inquiry Into the Internet Marketplace
The House Judiciary Committee’s Subcommittee on Antitrust held its second hearing on whether our antitrust laws and their enforcement are keeping up with the Internet marketplace. Notably, Amazon, Google, Facebook, and Apple were present as witnesses along with a range of experts to follow, giving Congress a lot to...
Interoperability: Fix the Internet, Not the Tech Companies
Everyone in the tech world claims to love interoperability—the technical ability to plug one product or service into another product or service—but interoperability covers a lot of territory, and depending on what's meant by interoperability, it can do a lot, a little, or nothing at all to protect users, innovation...
Could Regulatory Backlash Entrench Facebook’s New Cryptocurrency Libra?
Facebook’s new cryptocurrency Libra has garnered attention from lawmakers and consumer groups since it was announced last month. And it’s no wonder: with a wince-inducing history of data disclosure scandals, the Facebook brand has become synonymous with ineptitude at protecting privacy. They’re bringing that tarnished reputation to cryptocurrency,...
Felony Contempt of Business Model: Lexmark's Anti-Competitive Legacy
In 2002, Lexmark was one of the leading printer companies in the world. A division of IBM—the original tech giant—Lexmark was also a pioneer in the now-familiar practice of locking customers in to expensive "consumables," like the carbon powder that laser-printers fuse to paper to produce printouts.Lexmark gave its customers...
Again!? The NSA’s Phone Records Program Still Can’t Stay Within the Law
Just as the Trump administration has signaled its interest in a permanent “clean” reauthorization of the Patriot Act’s phone surveillance provision, the NSA proves once again that it is not to be trusted with these tools. New documents obtained by the ACLU and reported in the...
During Pride Month and Always, Companies Must Consider the Impact of Their Policies on LGBTQ+ Users
This month, in many parts of the world, the LGBTQ+ community is celebrating Pride and, both online and off, the tech industry has paid lip service to supporting the community. Many social media companies participate in Pride parades or offer photo filters or other digital swag for users to show...
EFF to the California DOJ: Enforce the Prohibition on Assisting Immigration Enforcement
Update June 28, 2019: Albeit months late, the ICE division in Orange County has now submitted its misuse disclosure. Like every other DHS component, it reported it did not open a single misuse investigation in 2018. In response to the looming threat of mass deportations, EFF has sent a...
Congress Should Pass the Protecting Data at the Border Act
Under the bipartisan Protecting Data at the Border Act, border officers would be required to get a warrant before searching a traveler’s electronic device. Last month, the bill was re-introduced into the U.S. Senate by Sen. Ron Wyden (D-Ore.) and Sen. Rand Paul (R-Ky.). It is co-sponsored by...
Experts Warn Congress: Proposed Changes to Patent Law Would Thwart Innovation
It should be clear now that messing around with Section 101 of the Patent Act is a bad idea. A Senate subcommittee has just finished hearing testimony about a bill that would wreak havoc on the patent system. Dozens of witnesses have testified, including EFF Staff Attorney Alex Moss....









