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mostlysignssomeportents · 1 year ago

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Apple fucked us on right to repair (again)

Today (September 22), I'm (virtually) presenting at the DIG Festival in Modena, Italy. Tonight, I'll be in person at LA's Book Soup for the launch of Justin C Key's "The World Wasn’t Ready for You." On September 27, I'll be at Chevalier's Books in Los Angeles with Brian Merchant for a joint launch for my new book The Internet Con and his new book, Blood in the Machine.

Right to repair has no cannier, more dedicated adversary than Apple, a company whose most innovative work is dreaming up new ways to sneakily sabotage electronics repair while claiming to be a caring environmental steward, a lie that covers up the mountains of e-waste that Apple dooms our descendants to wade through.

Why does Apple hate repair so much? It's not that they want to poison our water and bodies with microplastics; it's not that they want to hasten the day our coastal cities drown; it's not that they relish the human misery that accompanies every gram of conflict mineral. They aren't sadists. They're merely sociopathically greedy.

Tim Cook laid it out for his investors: when people can repair their devices, they don't buy new ones. When people don't buy new devices, Apple doesn't sell them new devices. It's that's simple:

https://www.inverse.com/article/52189-tim-cook-says-apple-faces-2-key-problems-in-surprising-shareholder-letter

So Apple does everything it can to monopolize repair. Not just because this lets the company gouge you on routine service, but because it lets them decide when your phone is beyond repair, so they can offer you a trade-in, ensuring both that you buy a new device and that the device you buy is another Apple.

There are so many tactics Apple gets to use to sabotage repair. For example, Apple engraves microscopic Apple logos on the subassemblies in its devices. This allows the company to enlist US Customs to seize and destroy refurbished parts that are harvested from dead phones by workers in the Pacific Rim:

https://repair.eu/news/apple-uses-trademark-law-to-strengthen-its-monopoly-on-repair/

Of course, the easiest way to prevent harvested components from entering the parts stream is to destroy as many old devices as possible. That's why Apple's so-called "recycling" program shreds any devices you turn over to them. When you trade in your old iPhone at an Apple Store, it is converted into immortal e-waste (no other major recycling program does this). The logic is straightforward: no parts, no repairs:

https://www.vice.com/en/article/yp73jw/apple-recycling-iphones-macbooks

Shredding parts and cooking up bogus trademark claims is just for starters, though. For Apple, the true anti-repair innovation comes from the most pernicious US tech law: Section 1201 of the Digital Millennium Copyright Act (DMCA).

DMCA 1201 is an "anti-circumvention" law. It bans the distribution of any tool that bypasses "an effective means of access control." That's all very abstract, but here's what it means: if a manufacturer sticks some Digital Rights Management (DRM) in its device, then anything you want to do that involves removing that DRM is now illegal – even if the thing itself is perfectly legal.

When Congress passed this stupid law in 1998, it had a very limited blast radius. Computers were still pretty expensive and DRM use was limited to a few narrow categories. In 1998, DMCA 1201 was mostly used to prevent you from de-regionalizing your DVD player to watch discs that had been released overseas but not in your own country.

But as we warned back then, computers were only going to get smaller and cheaper, and eventually, it would only cost manufacturers pennies to wrap their products – or even subassemblies in their products – in DRM. Congress was putting a gun on the mantelpiece in Act I, and it was bound to go off in Act III.

Welcome to Act III.

Today, it costs about a quarter to add a system-on-a-chip to even the tiniest parts. These SOCs can run DRM. Here's how that DRM works: when you put a new part in a device, the SOC and the device's main controller communicate with one another. They perform a cryptographic protocol: the part says, "Here's my serial number," and then the main controller prompts the user to enter a manufacturer-supplied secret code, and the master controller sends a signed version of this to the part, and the part and the system then recognize each other.

This process has many names, but because it was first used in the automotive sector, it's widely known as VIN-Locking (VIN stands for "vehicle identification number," the unique number given to every car by its manufacturer). VIN-locking is used by automakers to block independent mechanics from repairing your car; even if they use the manufacturer's own parts, the parts and the engine will refuse to work together until the manufacturer's rep keys in the unlock code:

https://pluralistic.net/2023/07/24/rent-to-pwn/#kitt-is-a-demon

VIN locking is everywhere. It's how John Deere stops farmers from fixing their own tractors – something farmers have done literally since tractors were invented:

https://pluralistic.net/2022/05/08/about-those-kill-switched-ukrainian-tractors/

It's in ventilators. Like mobile phones, ventilators are a grotesquely monopolized sector, controlled by a single company Medtronic, whose biggest claim to fame is effecting the world's largest tax inversion in order to manufacture the appearance that it is an Irish company and therefore largely untaxable. Medtronic used the resulting windfall to gobble up most of its competitors.

During lockdown, as hospitals scrambled to keep their desperately needed supply of ventilators running, Medtronic's VIN-locking became a lethal impediment. Med-techs who used donor parts from one ventilator to keep another running – say, transplanting a screen – couldn't get the device to recognize the part because all the world's civilian aircraft were grounded, meaning Medtronic's technicians couldn't swan into their hospitals to type in the unlock code and charge them hundreds of dollars.

The saving grace was an anonymous, former Medtronic repair tech, who built pirate boxes to generate unlock codes, using any housing they could lay hands on to use as a case: guitar pedals, clock radios, etc. This tech shipped these gadgets around the world, observing strict anonymity, because Article 6 of the EUCD also bans circumvention:

https://pluralistic.net/2020/07/10/flintstone-delano-roosevelt/#medtronic-again

Of course, Apple is a huge fan of VIN-locking. In phones, VIN-locking is usually called "serializing" or "parts-pairing," but it's the same thing: a tiny subassembly gets its own microcontroller whose sole purpose is to prevent independent repair technicians from fixing your gadget. Parts-pairing lets Apple block repairs even when the technician uses new, Apple parts – but it also lets Apple block refurb parts and third party parts.

For many years, Apple was the senior partner and leading voice in blocking state Right to Repair bills, which it killed by the dozen, leading a coalition of monopolists, from Wahl (who boobytrap their hair-clippers with springs that cause their heads irreversibly decompose if you try to sharpen them at home) to John Deere (who reinvented tenant farming by making farmers tenants of their tractors, rather than their land).

But Apple's opposition to repair eventually became a problem for the company. It's bad optics, and both Apple customers and Apple employees are volubly displeased with the company's ecocidal conduct. But of course, Apple's management and shareholders hate repair and want to block it as much as possible.

But Apple knows how to Think Differently. It came up with a way to eat its cake and have it, too. The company embarked on a program of visibly support right to repair, while working behind the scenes to sabotage it.

Last year, Apple announced a repair program. It was hilarious. If you wanted to swap your phone's battery, all you had to do was let Apple put a $1200 hold on your credit card, and then wait while the company shipped you 80 pounds' worth of specialized tools, packed in two special Pelican cases:

https://pluralistic.net/2022/05/22/apples-cement-overshoes/

Then, you swapped your battery, but you weren't done! After your battery was installed, you had to conference in an authorized Apple tech who would tell you what code to type into a laptop you tethered to the phone in order to pair it with your phone. Then all you had to do was lug those two 40-pound Pelican cases to a shipping depot and wait for Apple to take the hold off your card (less the $120 in parts and fees).

By contrast, independent repair outfits like iFixit will sell you all the tools you need to do your own battery swap – including the battery! for $32. The whole kit fits in a padded envelope:

https://www.ifixit.com/products/iphone-x-replacement-battery

But while Apple was able to make a showy announcement of its repair program and then hide the malicious compliance inside those giant Pelican cases, sabotaging right to repair legislation is a lot harder.

Not that they didn't try. When New York State passed the first general electronics right-to-repair bill in the country, someone convinced New York Governor Kathy Hochul to neuter it with last-minute modifications:

https://arstechnica.com/gadgets/2022/12/weakened-right-to-repair-bill-is-signed-into-law-by-new-yorks-governor/

But that kind of trick only works once. When California's right to repair bill was introduced, it was clear that it was gonna pass. Rather than get run over by that train, Apple got on board, supporting the legislation, which passed unanimously:

https://www.ifixit.com/News/79902/apples-u-turn-tech-giant-finally-backs-repair-in-california

But Apple got the last laugh. Because while California's bill contains many useful clauses for the independent repair shops that keep your gadgets out of a landfill, it's a state law, and DMCA 1201 is federal. A state law can't simply legalize the conduct federal law prohibits. California's right to repair bill is a banger, but it has a weak spot: parts-pairing, the scourge of repair techs:

https://www.ifixit.com/News/69320/how-parts-pairing-kills-independent-repair

Every generation of Apple devices does more parts-pairing than the previous one, and the current models are so infested with paired parts as to be effectively unrepairable, except by Apple. It's so bad that iFixit has dropped its repairability score for the iPhone 14 from a 7 ("recommend") to a 4 (do not recommend):

https://www.ifixit.com/News/82493/we-are-retroactively-dropping-the-iphones-repairability-score-en

Parts-pairing is bullshit, and Apple are scum for using it, but they're hardly unique. Parts-pairing is at the core of the fuckery of inkjet printer companies, who use it to fence out third-party ink, so they can charge $9,600/gallon for ink that pennies to make:

https://www.eff.org/deeplinks/2020/11/ink-stained-wretches-battle-soul-digital-freedom-taking-place-inside-your-printer

Parts-pairing is also rampant in powered wheelchairs, a heavily monopolized sector whose predatory conduct is jaw-droppingly depraved:

https://uspirgedfund.org/reports/usp/stranded

But if turning phones into e-waste to eke out another billion-dollar stock buyback is indefensible, stranding people with disabilities for months at a time while they await repairs is so obviously wicked that the conscience recoils. That's why it was so great when Colorado passed the nation's first wheelchair right to repair bill last year:

https://www.eff.org/deeplinks/2022/06/when-drm-comes-your-wheelchair

California actually just passed two right to repair bills; the other one was SB-271, which mirrors Colorado's HB22-1031:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB271

This is big! It's momentum! It's a start!

But it can't be the end. When Bill Clinton signed DMCA 1201 into law 25 years ago, he loaded a gun and put it on the nation's mantlepiece and now it's Act III and we're all getting sprayed with bullets. Everything from ovens to insulin pumps, thermostats to lightbulbs, has used DMCA 1201 to limit repair, modification and improvement.

Congress needs to rid us of this scourge, to let us bring back all the benefits of interoperability. I explain how this all came to be – and what we should do about it – in my new Verso Books title, The Internet Con: How to Seize the Means of Computation.

https://www.versobooks.com/products/3035-the-internet-con

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/09/22/vin-locking/#thought-differently

Image: Mitch Barrie (modified) https://commons.wikimedia.org/wiki/File:Daytona_Skeleton_AR-15_completed_rifle_%2817551907724%29.jpg

CC BY-SA 2.0 https://creativecommons.org/licenses/by-sa/2.0/deed.en

kambanji (modified) https://www.flickr.com/photos/kambanji/4135216486/

CC BY 2.0 https://creativecommons.org/licenses/by/2.0/

Rawpixel (modified) https://www.rawpixel.com/image/12438797/png-white-background

#pluralistic #vin locking #apple #right to repair #california #ifixit #iphones #sb244 #parts pairing #serialization #dmca 1201 #felony contempt of business model #ewaste #repairwashing #fuckery

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reasoningdaily · 1 year ago

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Children still mining cobalt for gadget batteries in Congo

A CBS News investigation of child labor in cobalt mines in the Democratic Republic of Congo has revealed that tens of thousands of children are growing up without a childhood today – two years after a damning Amnesty report about human rights abuses in the cobalt trade was published. The Amnesty report first revealed that cobalt mined by children was ending up in products from prominent tech companies including Apple, Microsoft, Tesla and Samsung.

There's such sensitivity around cobalt mining in the DRC that a CBS News team traveling there recently was stopped every few hundred feet while moving along dirt roads and seeing children digging for cobalt. From as young as 4 years old, children can pick cobalt out of a pile, and even those too young to work spend much of the day breathing in toxic fumes.

What's life like for kids mining cobalt for our gadgets?

So, what exactly is cobalt, and what are the health risks for those who work in the DRC's cobalt mining industry?

What is cobalt?

Cobalt – a naturally occurring element – is a critical component in lithium-ion, rechargeable batteries. In recent years, the growing global market for portable electronic devices and rechargeable batteries has fueled demand for its extraction, Amnesty said in its 2016 report. In fact, many top electronic and electric vehicle companies need cobalt to help power their products.

The element is found in other products as well.

"Cobalt-containing products include corrosion and heat-resistant alloys, hard metal (cobalt-tungsten-carbide alloy), magnets, grinding and cutting tools, pigments, paints, colored glass, surgical implants, catalysts, batteries, and cobalt-coated metal (from electroplating)," says the U.S. Centers for Disease Control and Prevention.

More than half of the world's supply of cobalt comes from the DRC, and 20 percent of that is mined by hand, according to Darton Commodities Ltd., a London-based research company that specializes in cobalt.

Health risks of chronic exposure

According to the CDC, "chronic exposure to cobalt-containing hard metal (dust or fume) can result in a serious lung disease called 'hard metal lung disease'" – a kind of pneumoconiosis, meaning a lung disease caused by inhaling dust particles. Inhalation of cobalt particles can cause respiratory sensitization, asthma, decreased pulmonary function and shortness of breath, the CDC says.

The health agency says skin contact is also a significant health concern "because dermal exposures to hard metal and cobalt salts can result in significant systemic uptake."

"Sustained exposures can cause skin sensitization, which may result in eruptions of contact dermatitis," a red, itchy skin rash, the CDC says.

Despite the health risks, researchers with Amnesty International found that most cobalt miners in Congo lack basic protective equipment like face masks, work clothing and gloves. Many of the miners the organization spoke with for its 2016 report – 90 people in total who work, or worked, in the mines – complained of frequent coughing or lung problems. Cobalt mining's dangerous impact on workers and the environment

Some women complained about the physical nature of the work, with one describing hauling 110-pound sacks of cobalt ore. "We all have problems with our lungs, and pain all over our bodies," the woman said, according to Amnesty.

Moreover, miners said unsupported mining tunnels frequently give way, and that accidents are common.

Miners know their work is dangerous, Todd C. Frankel wrote late last month in The Washington Post.

"But what's less understood are the environmental health risks posed by the extensive mining," he reported. "Southern Congo holds not only vast deposits of cobalt and copper but also uranium. Scientists have recorded alarming radioactivity levels in some mining regions. Mining waste often pollutes rivers and drinking water. The dust from the pulverized rock is known to cause breathing problems. The mining industry's toxic fallout is only now being studied by researchers, mostly in Lubumbashi, the country's mining capital."

"These job are really desired"

Despite the dangers and risks of working as miners in the cobalt industry, at least of the some miners in the Congo "love their jobs," according to Frankel.

"When I talked to the miners there, none of them want to lose their jobs or give up their jobs. They love their jobs," Frankel said Tuesday, speaking on CBSN. "In a country like Congo, mining is one of the few decently paying jobs to be had there, and so they want to hold onto these jobs."

They also want fair treatment, decent pay, and some safety, "and they would love for their kids to not work in the mines," he said.

"It's a poverty problem," Frankel said. "These parents I talked to – they don't want their kids working in these mines. The problem is that their school fees – schools cost money, and you know, food costs money, and they sort of need their kids to work in there."

Poverty also drives children into the mines instead of school – an estimated 40,000 of them work in brutal conditions starting at very young ages.

The thousands of miners who work in tunnels searching for cobalt in the country "do it because they live in one of the poorest countries in the world, and cobalt is valuable," Frankel wrote in the Washington Post article.

"Not doing enough"

CBS News spoke with some of the companies that use cobalt in their lithium-ion batteries. All of the companies acknowledged problems with the supply chain, but said they require suppliers to follow responsible sourcing guidelines. Apple, an industry leader in the fight for responsible sourcing, said walking away from the DRC "would do nothing to improve conditions for the people or the environment."

Read company responses here

Amnesty said in November, however, that "major electronics and electric vehicle companies are still not doing enough to stop human rights abuses entering their cobalt supply chains."

"As demand for rechargeable batteries grows, companies have a responsibility to prove that they are not profiting from the misery of miners working in terrible conditions in the DRC," the organization said. "The energy solutions of the future must not be built on human rights abuses."

An estimated two-thirds of children in the region of the DRC that CBS News visited recently are not in school. They're working in mines instead.

CBS News' Debora Patta spoke with an 11-year-old boy, Ziki Swaze, who has no idea how to read or write but is an expert in washing cobalt. Every evening, he returns home with a dollar or two to provide for his family.

"I have to go and work there," he told Patta, "because my grandma has a bad leg and she can't."

He said he dreams of going to school, but has always had to work instead.

"I feel very bad because I can see my friends going to school, and I am struggling," he said.

Amnesty says "it is widely recognized internationally that the involvement of children in mining constitutes one of the worst forms of child labour, which governments are required to prohibit and eliminate."

#cobalt #PD Congo #PDR Congo #cobalt mining by children #amnesty university #The toll of the cobalt mining industry on health and the environment #Congo Economic Theft #minerals #rare earth minerals #tesla #iphones #cellphone batteries #ev batteries #lithium batteries #child labour #forced child labor #poverty #systemic racism

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