It seems a bit benign and I don't understand the parallels others on this HN discussion are making. Is it that it's a slippery slope or perhaps I'm being naïve in regards to the scope?
It seems a bit benign and I don't understand the parallels others on this HN discussion are making. Is it that it's a slippery slope or perhaps I'm being naïve in regards to the scope?
In other words, if you want to run your own Wordpress, or Mastodon node, or your own custom CMS web site or group chat or IRC or bitcoin node, you would need to reveal your identity to the hosting service that you want. This does seem quite bad and could obviously be used to identify political dissidents.
On top of that, the IAAS must report to the US Commerce department about foreigners who are using services to train large AI models.
This proposed rule looks to me like it basically requires providers to come up with their own verification plans, which may then differ from provider to provider, so as to be "flexible and minimally burdensome to their business operations".
[note for the following: I am not a lawyer. The following is not legal advice. Do not fold, spindle or multilate. Do not taunt Happy Fun Ball.]
The real danger, I think, with things like this is, there's an executive order that was issued, but it further specified a rulemaking process be conducted to determine the actual regulations that define compliance. The link in the title is to the proposed rule. There's nothing that says any amount of prior public input will necessarily influence the details of the final rule, or that rule can't change in the future through another rulemaking process, and if it does the only way to challenge it is either to sue the agency on the grounds that it exceeded its discretion (e.g. by making rules that require unconstitutional things) or that the enabling executive order is itself unconstitutional -- but these kinds of federal cases have a pretty high bar for what's called "standing" (the legal grounds to bring a particular lawsuit): you pretty much have to suffer concrete harm or be in obvious and imminent danger of suffering it to a grievous degree. (This is one reason you hear about "test cases" -- often somebody will agree to be the goat who is denied something, fined, or even arrested and convicted of a crime, so that standing to sue to overturn the law can be established.) Other times, if a lot of potential defendants already have standing, a particularly sympathetic defendant will be selected for the actual challenge. The US federal courts are also deferential to "agency discretion" by default, as a matter of doctrine.
What happens all too often with these things is, the initial rulemaking is pretty reasonable, and the public outrage (if there was any) dissipates. Then three years (or however long) on, the next rulemaking imposes onerous restrictions and strict criteria, and people suddenly (relatively speaking) wake up and find they're now in violation of federal regulations that they were in compliance with last week. (This is one reason public-interest groups are so critical -- they have the motivation and sustained attention to comb the Federal Register for announcements about upcoming rounds of rulemaking on various topics.)
Luckily there's other cheap options in Europe like in France.
Maybe they changed it now but they were asses about it then. I thought it was a legal requirement, they basically said as much though I don't recall the exact details, it was before the pandemic.
Eventually I just moved to Scaleway in France which is much nicer and cheaper and you can even talk to their support on slack.
PS: I don't do anything nefarious on my servers but I just don't want my ID on file anywhere it's not needed.
this would make it much trickier for bad actors to get away with everything from online ai scams to swatting. i could live with that.
There are scamers who walk seniors to sign up through Coinbase, the KYC requirements, to order bitcoin.
There are so many malicious actors putting human life at risk in some scenarios it should be possible to figure out who owns what.
Now, I would start with corporate ownership and focus on anonymous entities controlling things like Delaware and Nevada corporations. But that’s me.
No one wants to send in selfies and their passport just to start a Digital Ocean droplet.
There are also non-"criminals" who are more than willing to use their actual ID for the sort of things that aren't strictly illegal but will still get your IP space on a bunch of block lists when they can make a buck doing it, so it wouldn't solve the problem even if it could actually identify all of the customers.
With that said, I also don't understand the issues people are having with this.
But also, the people with unsubscribe links now but not in 2002 would still commonly send their messages from a consistent address, making it easy to block them if you wanted to, and making even primitive spam filters highly effective against them. Meanwhile the people who randomize their from address to prevent this are the people who still don't have a functioning unsubscribe link.
The regulation "requir[es] U.S. Infrastructure as a Service (IaaS) providers of IaaS products to verify the identity of their foreign customers"
Q: How would one propose to determine if a customer is foreign or not?
A checkbox, perhaps? <rolls eyes>
No bad actor would possibly pretend to be a domestic customer, of course... <rolls eyes again>
OK, I'll bite. How exactly are [US] domestic users of services supposed to prove they don't need to prove their identity?
EDIT: it reminds me of the Common Travel Area (between Ireland and of the United Kingdom of Great Britain and Northern Ireland), which has some glorious inconsistencies. For instance that nationals of Ireland and the UK travelling between those two countries do not need a passport, except when you take an international flight and rock up at IE/UK border control it's fairly hard to prove you are a national who doesn't need to provide a passport without having ... a passport (or equivalent ID).
I signed up for a Mercury bank account a few months back for my Delaware corporation without talking to anyone, so I'll use that as a template.
I can't remember the exact steps, but tl;dr submit a passport photo / driver's license photo and a photo I take in the app itself. If it was a not-US passport, then they'd dig into a full verification, not just a quick manual check of "is that face the same as the passport/license, is the passport/license ID # valid, and are the photos edited"
That is a reasonable and factually accurate statement.
> There's always tradeoffs, I respect people's concern about them, and I wish there was a gentler to say it.
The tradeoff here is astonishingly bad. Studies have shown that AML/KYC have an effectiveness of less than a fraction of one percent. They continue to proliferate because their largest costs fall on the users rather than the companies, so they're the thing that large corporations suggest as a "solution" when they're being pressured to do something. Because people have the perception that it will do some good, even though that perception is inaccurate.
In reality what they do is provide a means to satisfy "something must be done" in a way that dumps the costs on marginalized users instead of politicians and corporations.
https://www.tandfonline.com/doi/full/10.1080/25741292.2020.1...
AML laws are completely ineffective. People can write long papers about why, but the underlying reason is simple. Money is fungible.
If Alice is selling heroin to Bob and the government knows this, they don't need AML laws to arrest them. If they don't know this, even if all of the financial records were 100% transparent and tied to the name on their birth certificates, they still wouldn't know this, because Alice and Bob would just claim the payment is for software licensing or personal grooming services or whatever they want to make up, and neither the bank nor the government has any way to know otherwise until they independently prove the underlying crime. Worse, Alice and Bob don't even have to pay each other. Bob can just buy whatever Alice asks him to with his money and then give that to Alice in exchange for the contraband. Then there is no financial transaction linking them at all.
The entire concept of it simply doesn't work. It's all cost and no benefit.
So what else did they pull off your phone? Location data, personal photos, personal files, wifi connections near by, microphone data, ongoing location data?
Have you validated that they didn't take the other bits off your phone?
The check is very much "don't stop walking but hold your ID-looking thing in your hand so a nonchalant man can glance at it". You would attract very little attention with someone else's UK or Irish driving license, a bit more if you decided to test the waters with a weird form of ID.
Children can travel with a birth certificate (no photo).
You need more than this to get on an aeroplane, but that also applies to domestic flights in the UK.
If you get the boat and show eg. a Romanian student card, they might ask you where your passport is, somewhat reasonably since you would have needed it to travel to the UK or to Ireland. They would accept an ID card probably and might let you in with legit looking non-government ID.
That's the sea border. You can cross the land border between the Republic of Ireland and Northern Ireland without any form of ID at all, government-issued, photographic or otherwise. Lots of people do it every day by car or bus and it would not remotely occur to them to take ID with them.
So the Romanian student would have no problem travelling between London and Dublin without showing anything since they could get a boat Glasgow- Belfast and then get a bus to Dublin.
If this was your best example of governments lying and changing the rules, it's not a very good one (and is also kind of offensive to Irish and British people).
Can you clarify what you mean by "more than this"?
I've travelled on many domestic flights within the UK, and ID is not routinely checked.
> If this was your best example of governments lying and changing the rules
Ouch.
The common travel area has its origins way back in 1923, the rules are clear, no-one is lying.
It's just that it's hard to prove you are entitled to its benefits without having an ID document with you that - if you're entitled - it says you don't have to have with you...
You are suggesting that having to show any photographic ID is the same as having to show a passport. That's obviously silly.
No one has to prove that "they are entitled to not show a passport" by showing British or Irish ID. This is a fantasy.
On the boat everyone, British, Irish or other, has to show ID of some kind. No one has to show a passport. At the land border no one has to show anything.
"a spokesperson for the CAA, said: “UK aviation security regulations do not require a passenger’s identity to be checked for security purposes prior to boarding a domestic flight, in the same way when travelling within the mainland on a train or bus. Any further requirement on behalf of the carrier to provide identification may be a condition of travel by the carrier itself.”"
https://www.independent.co.uk/travel/news-and-advice/british...
You need government ID to get on a domestic flight in the UK. You also need government ID to get on a flight from the UK to Ireland.
As with the sea border and the land border, this completely invalidates your claim about what ID is required to travel between the UK and the Republic of Ireland.
You don't appear to have travelled between the UK and the Republic of Ireland, ever, or to have flown domestically in the UK since 9/11. You stated above that "they do not check ID on UK domestic flights", not "the CAA does not require ID but all airlines do". The first statement is untrue. Not sure why you are making stuff up in support of an urban legend about the UK/Irish border.
Even if there was a difference between the ID required to board a flight from the UK to the RoI and the ID required to board a UK domestic flight (there isn't - both require govt ID, not necessarily a passport), the situation at the boat and at the land border completely disproves your original claim.
But that also doesn't mean this legal mitigation is either useful or worthwhile.
Not that that makes this all okay, but it is a much more limited proposal than "internet services" makes it sound.
https://www.coindesk.com/policy/2024/04/24/samourai-wallet-f...
This comes amid a war on end-to-end encryption, and so on. It's not like they are going to stop here.
(e) The term ‘‘Infrastructure as a Service Product’’ means any product or service offered to a consumer, including complimentary or ‘‘trial’’ offerings, that provides processing, storage, networks, or other fundamental computing resources, and with which the consumer is able to deploy and run software that is not predefined, including operating systems and applications. The consumer typically does not manage or control most of the underlying hardware but has control over the operating systems, storage, and any deployed applications. The term is inclusive of ‘‘managed’’ products or services, in which the provider is responsible for some aspects of system configuration or maintenance, and ‘‘unmanaged’’ products or services, in which the provider is only responsible for ensuring that the product is available to the consumer. The term is also inclusive of ‘‘virtualized’’ products and services, in which the computing resources of a physical machine are split between virtualized computers accessible over the internet (e.g., ‘‘virtual private servers’’), and ‘‘dedicated’’ products or services in which the total computing resources of a physical machine are provided to a single person (e.g., ‘‘bare-metal’’ servers)
(https://www.govinfo.gov/content/pkg/FR-2021-01-25/pdf/2021-0...)
"U.S. IaaS providers and foreign resellers of U.S. IaaS products must exercise reasonable due diligence to ascertain the true identity of any customer or beneficial owner of an Account who claims to be a U.S. person."
So at a minimum, everyone's identity is verified by IaaS provider. If you claim to be a non-U.S. person, additional information is collected.
They mention looking at comments from a previous proposal in 2021, "Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities" https://www.federalregister.gov/documents/2021/09/24/2021-20...
Who counts as IaaS besides Amazon, Azure, and GCS?
This effort will end anonymity on the internet. For everyone.
Crypto was just the beginning. Next is end-to-end encryption. And it's going on worldwide, not just in USA:
https://community.qbix.com/t/the-coming-war-on-end-to-end-en...
-------
Infrastructure as a Service product
or
IaaS product
means a product or service offered to a consumer, including complimentary or “trial” offerings, that provides processing, storage, networks, or other fundamental computing resources, and with which the consumer is able to deploy and run software that is not predefined, including operating systems and applications. The consumer typically does not manage or control most of the underlying hardware but has control over the operating systems, storage, and any deployed applications. The term is inclusive of “managed” products or services, in which the provider is responsible for some aspects of system configuration or maintenance, and “unmanaged” products or services, in which the provider is only responsible for ensuring that the product is available to the consumer. The term is also inclusive of “virtualized” products and services, in which the computing resources of a physical machine are split between virtualized computers accessible over the internet (
e.g.,
“virtual private servers”), and “dedicated” products or services in which the total computing resources of a physical machine are provided to a single person (
e.g.,
“bare-metal servers”).
---
So Dreamhost counts, any web host where you can run arbitrary PHP code would count. Wordpess.com -- where you cannot actually modify the PHP code yourself -- would not count as IaaS. But any web host that allows you to install applications on your own, or run any of your own code, would count as IaaS by this regulation.
However, I am able to write a WP plug-in and install it on my Wordpress.com account. In that case, I am modifying PHP code and running it. Sure, it might not do "AI" stuff but it can do some stuff and I'm assuming that the law would transmute over time to include stuff other than "AI" stuff.
> provides processing, storage, networks, or other fundamental computing resources, and with which the consumer is able to deploy and run software that is not predefined, including operating systems and applications
> The consumer [...] has control over the operating systems, storage, and any deployed applications.
That was just a snippet of the full definition here:
First, the rule applies to WordPress and all that kind of thing, and then providers would have to KYC WordPress users. Which is a reason not to pass it.
Second, the rule is completely pointless, because it doesn't, and then anyone could create an AI training WordPress plugin that uses whatever arbitrarily fast hardware the server has and thereby easily bypass the rule. Which is a reason not to pass it.
If you skim the full context of this proposal and the topics it focuses on (dedicated servers, virtual servers, AI acceleration), and you've been paying attention to current geopolitics in these areas (top chips being sanctioned), it is completely obvious that goal here is to prevent things like evading sanctions by renting hardware instead of buying it.
I suppose every company and every service should be in scope for KYC then. /s
But the reality is that Wordpress hosts are not in the business of renting people dedicated servers the price of a nice house. And if they were asked to do so, it wouldn't be a simple automated request without scrutiny.
The latter is one of the reasons rules like this are simultaneously so expensive and ineffective. Provider A decides to KYC everybody because they're big and risk averse, so the rules inconvenience millions of innocent people. Provider B wants to make money selling GPUs to foreigners, so they implicitly choose a structure that allows that to happen if the rules contain any loopholes whatsoever. (This ignoring that foreign customers could just switch to foreign hosts and cost US companies business for no reason.)
And if the premise is the level of resources being consumed rather than the type of service then why don't the rules exempt anyone spending less than e.g. $50,000/month? That would be almost everyone while still not being anyone buying enough compute to do major AI training. It still wouldn't work but at least it would have much less overhead.
> $50,000/month? That would be almost everyone
It might be almost every individual developer. But that isn't really a huge cloud spend at all for an organization.
https://www.cloudzero.com/wp-content/uploads/2023/10/flexera...
But speaking of loopholes, what do you think bad actors would do if you told them that they weren't subject to KYC under a certain dollar amount? lol
That's kind of the point. It excludes all of the individuals and small businesses and makes it unambiguous that it doesn't apply to someone paying $10/month for a VPS to use as a VPN endpoint for privacy.
> But speaking of loopholes, what do you think bad actors would do if you told them that they weren't subject to KYC under a certain dollar amount?
In some hypothetical world where the rules were actually effective? Spend $49,000 and then create a new account, which would be highly suspicious and still cause them to get caught.
In practice? Use a cooperative provider (Wells Fargo as a hosting company), or one in another country, the same as they would do regardless.
I'm thinking that this will simply promote cloud providers that operate outside America, sort of like Binance and FTX were "forced to exit" the US market. Not a bad result.
AWS Lambda would clearly (IMO) be in-scope as IaaS by this definition, as an example, even though I can’t install another OS.
In the full context, it is quite clear it is targeting things like EC2, dedicated hosting, etc.
https://www.federalregister.gov/d/2024-01580/p-46
I don't think it's reasonable to read this as if MS Excel qualifies as an IaaS.
Vultr, for example.
There are high-quality IaaS providers that accept bitcoin for payment, allowing someone to host a server on their platform without revealing their identity.
You are correct. "Account must be funded by credit card or PayPal before making a Bitcoin deposit." No more anonymity on Vultr.
EDIT: I know it's about IaSS.
Computing is a global commodity. There are providers in other countries. They would just use one of those.
> (i) any model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations, or using primarily biological sequence data and using a quantity of computing power greater than 10^23 integer or floating-point operations; and
> (ii) any computing cluster that has a set of machines physically co-located in a single datacenter, transitively connected by data center networking of over 100 Gbit/s, and having a theoretical maximum computing capacity of 10^20 integer or floating-point operations per second for training AI.
Keep in mind that most consumer graphics cards are in the _teraflops_ range, which is 10^12. It's hard to imagine this affecting the average person, it seems that they are specifying KYC for people using clusters with thousands or tens of thousands of cards.
Something like 40 of them, or 100-300 if you're looking at FP16. So well over 2^14.
And that's per second, give it your idle cycles for four months and that's 10^7 seconds.
It gets pretty close to 10^23.
They require all IaaS[1] to determine if customers are US persons, and if not to collect and retain certain identifying information[2], and provide annual reports describing their processes[3]. It grants the Secretary of Commerce extra-judicial power to force any IaaS to stop doing business with any foreign customer, or place restrictions on their use[4]. This section lists things that the Secretary should consider in doing so, but doesn't have any hard requirements. Finally, it requires the IaaS to report certain foreign use of AI[5].
[1]§7.301 https://www.federalregister.gov/d/2024-01580/p-189
[2]§7.302 https://www.federalregister.gov/d/2024-01580/p-219
[3]§7.304 https://www.federalregister.gov/d/2024-01580/p-266
[4]§7.307 https://www.federalregister.gov/d/2024-01580/p-377
[5]§7.308 https://www.federalregister.gov/d/2024-01580/p-403
This can backfire, as foreign customers of public clouds may switch to local providers, which erodes the US near-monopoly on cloud services. Ironically this can reduce the visibility and control the US government has over foreign nation states.
E.g.: most of the Australian government is hosted in either Azure or AWS. That kind of thing might stop if extrajudicial power is granted to pull the plug on any customer on any time.
This. Also, it won't stop malicious actors. Setting up a LLC to mask your true identity is cheap and easy. Not to mention that providing a fake identity or pretending your are not a "foreign person" is also cheap and easy.
Only foriegners.
> It's an attempt to stymie sanctioned or malicious actors, from training AI and especially from hopping between services or using aliases to continue training on their model.
Unlikely, since it exempts non-foriegn malicious actors
>>"require U.S. IaaS providers to verify the identity of foreign users of U.S. IaaS products, ... which calls for the Department to require U.S. IaaS providers to ensure that their foreign resellers verify the identity of foreign users. E.O. 14110 also provides the Department with authority to require U.S. IaaS providers submit a report to the Department whenever a foreign person transacts with them to train a large AI model with potential capabilities that could be used in malicious cyber-enabled activity."
We damn well SHOULD be identifying foreign users of our services, particularly those which have high-powered potential to cause harm.
This knee-jerk [govt identifying anybody is bad] response prevalent here deeply undermines the cause of actually maintaining privacy. There are actually very bad actors out there, and if we fail to identify and contain them, things will be far worse. The reality is that some measures must be taken — let's focus on containing the real threats, not cry foul at every shadow of a hint that we might approach a slippery slope.
This seems, to me, an utterly malignant attack on anonymity, which is a protected constitutional right. It's the idea that every internet packet needs to be tied back to some verified identity. We're in frog-boiling territory with this garbage.
(The courts have "recognized relatively strong First Amendment presumptions on behalf of purveyors of anonymous speech, especially for those that are statements of opinions rather than obvious falsehoods, while recognizing that government sometimes has the right to identify such speakers when they have used their platforms to harass, engage in slander or sexual predation, make true threats, or allow foreign governments to influence U.S. elections")
There is a right to express political opinions, but anonymity is a privilege, not a right.
https://cs.stanford.edu/people/eroberts/cs181/projects/anony...
And the modern Court explicitly declared that a Constitutional right to privacy does not exist, and one cannot have anonymity without privacy, so no.
Precedent is set by the majority, not the dissent.
> but no decisions that explicitly declare a Constitutional right to anonymity.
Weird then that there are several decisions striking down laws that violate the right to anonymous speech?
> And the modern Court explicitly declared that a Constitutional right to privacy does not exist, and one cannot have anonymity without privacy
One cannot refuse to turn over one's papers and effects in the absence of probable cause without privacy either.
Consider the possibility that there could be a right to anonymous speech without a right to anonymous practice of medicine. A universal right to privacy would require both. Just because it isn't both doesn't mean it's neither.
Yes. I believe a right to privacy once existed, but it was nullified as it formed the basis of the case for Roe V. Wade. As a result even the Fourth Amendment is weakened because it must be interpreted in the light of a right to privacy no longer existing.
What I'm trying to put forth is that the assumptions you're working under are no longer valid and we've thrown the baby out with the bathwater.
It was kind of the other way around. There is clearly no explicit right to abortion in the constitution, so to find one it would have to be implicit, but the Court in Roe wanted to find one, so they made one up. The reasoning was something like, the constitution implies there is a general right to privacy and laws against abortion violate it. The people who liked the result were then stuck trying to defend its inconsistent reasoning for 50 years, because the same logic would cause all kinds of other laws to be a violation of the same right. Obvious example would be drug prohibition; government invading your privacy by trying to control what you put into your own body. Same logic as Roe.
But Roe was never actually extended to any of that stuff, so overturning it didn't re-enable drug prohibition after it was struck down, since it was (inconsistently) never struck down to begin with.
The cases having to do with anonymous speech are independent and use entirely different logic. The general idea is that people are deterred from speaking (chilling effects) if people can associate what they have to say with a physical person who can then be harassed for expressing an unpopular opinion. It doesn't have any of the same problems because there is no First Amendment right to morphine, which they could ban outright under the same justification as they ban heroin, so having to show your ID to get morphine isn't deterring you from exercising your right to free speech.
The closest the government comes to prohibiting an opinion is copyright, but even then you can restate the opinion in your own words, and when an exact quote is necessary to make your point it's fair use specifically because it would otherwise violate free speech.
There's been multiple attempts to do this. Via KOSA and a few others lately in our Congress. PR friendly candidates like Duckworth have been trying to walk this through the system.