Category: Politics

The SFLC Tries to Terminate Conservancy's Trademark

In my last two posts, I've talked about the Linux Foundation's apparent disdain for the GPL (the license that Linux is published under, which allows derivative works but requires them to be published under the same license), and Eben Moglen's apparent souring on legal enforcement of the GPL. I mentioned that the Software Freedom Law Center is seeking to terminate the Software Freedom Conservancy's trademark, and that Bruce Perens believes that this is retaliation by the LF. So let's continue, shall we?

The Linux Foundation now represents corporate interests, not the community. The GPL is designed to protect the community. So there's some friction there right off the bat.

In fact, as I mentioned in the first part, the LF used to have two community representatives on its board, but terminated the position.

Why? Well, it happened right after the Software Freedom Conservancy's Executive Director, Karen Sandler, announced her intention to run for a seat. Looks like the Linux Foundation didn't like that. VMware certainly didn't, since Conservancy is currently funding a GPL enforcement lawsuit against it.

And, as noted in the previous post, Eben Moglen published an article arguing against GPL enforcement. That doesn't seem to have gone over well with the Free Software Foundation; he resigned his position as FSF General Counsel soon after. That's a hell of a thing, after nearly 25 years in the role.

Now, Moglen's SFLC has filed to terminate the Conservancy's trademark, stating that the marks are too similar and could cause confusion. This seems out of the blue; the SFLC started Conservancy, and legally represented it for years; if it were concerned about trademark confusion, it should have expressed those concerns eleven years ago.

Perens went on a bit of a tear about this; he submitted an article to Slashdot titled Software Freedom Law Center Launches Trademark War Against Software Freedom Conservancy, and has commented extensively on two articles at LWN, one quoting Conservancy's post and the other quoting the SFLC's response.

Perens believes the connection is clear: as the Linux Foundation has come to represent corporate members over the Linux community, it has become increasingly critical of the GPL. Eben Moglen and the SFLC, which is funded by the LF, still purport to believe in the GPL, but have become increasingly critical of legal actions enforcing it. The LF includes VMware on its board, and Conservancy is funding a GPL enforcement action against VMware; in light of these facts, it does not appear coincidental that the LF eliminated its community representative positions right after the executive director of Conservancy expressed an interest in running for one, and the Software Freedom Law Center suddenly became concerned that the Software Freedom Conservancy -- an organization which it started -- has a name that's too similar.

So how will this all turn out? I'm not a lawyer, but I think Conservancy is on pretty solid ground here. Of course, if Perens is right, then this isn't really about a trademark at all. And if Perens is right and the Linux Foundation really is out to punish Conservancy, then this action may not be the end of it.

The SFLC and Conservancy: A History

Yesterday, I went over how the Linux Foundation doesn't seem to like the license Linux is published under very much.

Bruce Perens, co-founder of the Open Source Initiative and founder of the Linux Standard Base (which led to the formation of the Linux Foundation), says it's worse than that, and that the Linux Foundation is now undermining GPL enforcement against its member organizations.

This is a complicated story, so strap in. I mean, if this sounds like something you're interested in. If it doesn't, then I don't blame you; come back on Friday, when I'll have about 750 words on April from Teenage Mutant Ninja Turtles.

Still here? Okay.

The Software Freedom Law Center is funded by the Linux Foundation, and provides pro bono legal services and representation to developers of free/open-source software. Its chairman is Eben Moglen, who was pro bono general counsel for the Free Software Foundation from 1994 to 2016. Moglen has done a hell of a lot for free software over the course of the last 25 years.

In 2006, the SFLC launched the Software Freedom Conservancy, an organization that provides free financial and administrative services to free software projects. Today Conservancy represents 48 projects, notably including BusyBox, Git, phpMyAdmin, QEMU, Samba, and Wine. Conservancy is an independent entity and not part of the SFLC, though the SFLC represented Conservancy through 2011.

In 2007, the SFLC and Conservancy began GPL enforcement suits on behalf of BusyBox. BusyBox is a minimal bootable system that's in everything; if you're using a piece of consumer electronics that's more complicated than a microwave oven, there's a good chance it's got BusyBox in it. And a lot of those electronics companies don't bother to follow the GPL and release their source code modifications.

There's been some backlash against GPL enforcement in the years since. BusyBox's maintainer, Rob Landley, later regretted the lawsuits; he deemed them counterproductive, and said they hadn't helped BusyBox or any other project, they'd just convinced companies like Google to avoid the GPL and use permissive licenses instead.

Maybe so. But if nobody ever enforces the GPL, then it's meaningless. A mere suggestion.

Conservancy has continued its GPL enforcement actions. Currently, it's funding Christoph Hellwig's litigation against VMware in Germany. VMware distributes a modified version of the Linux kernel; Hellwig is a kernel contributor and, thus, one of the many copyright holders in the Linux kernel. (While many free/open-source projects require that contributors assign all copyright to a single rightsholder, such as Conservancy or the GNU Project, the Linux kernel does not; every single contributor to the Linux kernel maintains the copyright to the portion of the kernel they contribute, but licenses it under the GPL for anyone else to use.)

Eben Moglen seems to have soured on GPL enforcement. Last year he published an article in the International Free and Open Source Software Law Review titled Whither (Not Wither) Copyleft. His arguments are similar to Landley's: all these GPL enforcement suits are actually bad for the GPL, because they discourage companies from using the GPL at all.

Moglen makes the argument that litigation should be a last resort, and that parties should try to resolve their disputes amicably if at all possible. The thing is, I don't think anybody actually disagrees with that.

When has Conservancy chosen to sue, when there was any other path available? BusyBox v Westinghouse was a default judgement. Westinghouse didn't even bother showing up to court; I don't see how politely-worded E-Mails were going to get it to comply. Conservancy spent three years attempting to negotiate with VMware, to no avail; the lawsuit is a last resort. Whither copyleft? indeed.

Bruce Perens thinks the SFLC's recent trademark action is retaliation for Conservancy's enforcement action against VMware. I'll save the why for my next post. Tune in tomorrow, same Thad-time, same Thad-channel.

The Linux Foundation Hates Copyleft

It's been kinda weird, seeing the Linux Foundation slowly transform into an organization that is fundamentally opposed to the license Linux is published under.

But the Linux Foundation is in the business of turning a profit, and that's meant embracing corporate America -- even Microsoft is now a member. In fact, the board is overwhelmingly made up of corporate representatives now: Facebook, AT&T, Qualcomm, Cisco, VMware (we'll come back to them tomorrow), Intel, HP, Bitnami, Panasonic, Hitachi, Samsung, IBM, Microsoft (Microsoft!), Comcast, Huawei, NEC, Oracle, Fujitsu. There used to be two community representatives on the board, but they eliminated that position (we'll come back to that on Thursday).

Linux is published under the GNU General Public License. The GPL is what GNU/Free Software Foundation founder Richard Stallman calls "copyleft": if a piece of software is licensed under the GPL, then that means anyone else is free to access, modify, and redistribute the source code, provided that if they release a modified version, they publish it under the same license.

Corporations don't much like copyleft or the GPL. They like more permissive licenses, like the MIT License and the BSD Licenses, which allow them to take someone else's code, modify it, and not give their modifications back to the community.

Linus Torvalds, the man who the Linux Foundation is named after, gets this. FOSS Force's Christine Hall recounts his remarks at LinuxCon last year:

“I think that if you actually want to create something bigger, and if you want to create a community around it, the BSD license is not necessarily a great license,” he said.

“I mean, it’s worked fairly well, but you are going to have trouble finding outside developers who feel protected by a big company that says, ‘Hey, here’s this BSD license thing and we’re not making any promises because the copyright allows us to do anything, and allows you to do anything too.’ But as an outside developer, I would not get the warm and fuzzies by that, because I’m like, ‘Oh, this big company is going to take advantage of me,’ while the GPL says, ‘Yes, the company may be big, but nobody’s ever going to take advantage of your code. It will remain free and nobody can take that away from you.’ I think that’s a big deal for community management.

“It wasn’t something I was planning personally when I started, but over the years I’ve become convinced that the BSD license is great for code you don’t care about. I’ll use it myself. If there’s a library routine that I just want to say ‘hey, this is useful to anybody and I’m not going to maintain this,’ I’ll put it under the BSD license.

“Whenever licenses come up, I want to say that this is a personal issue,” he continued, adding a disclaimer most likely meant mainly for the benefit of the BSD folks, some of whom resent Linux’s success, but also to appease big enterprise, which is where the Linux Foundation gets virtually all of it’s funding.

“Some people love the BSD license,” he said. “Some people love proprietary licenses, and do you know what? I understand that. If you want to make a program and you want to feed your kids, it used to make a lot of sense to say that you want to have a proprietary license and sell binaries. I think it makes less sense today, but I really understand the argument. I don’t want to judge, I’m just kind of giving my view on licensing.”

Jim Zemlin, Executive Director of the Linux Foundation, seems to feel a little bit differently. Hall quotes him, in an article titled The Linux Foundation: Not a Friend of Desktop Linux, the GPL, or Openness:

“The most permissive licenses present little risk and few compliance requirements. These licenses include BSD and MIT, and others, that have minimal requirements, all the way to Apache and the Eclipse Public License, which are more elaborate in addressing contributions, patents, and indemnification.

“In the middle of the spectrum are the so-called ‘weak viral licenses’ which require sharing source code to any changes made to the originally licensed code, but not sharing of other source code linked or otherwise bound to the original open source code in question. The most popular and frequently encountered licenses in this category are the Mozilla Public License and the Common Public Attribution License.

“Restrictive Licenses present the most legal risk and complexity for companies that re-distribute or distribute software. These licenses are often termed ‘viral’ because software combined and distributed with this licensed software must be provided in source code format under the terms of those licenses. These requirements present serious risks to the preservation of proprietary software rights. The GNU General Public License is the archetype of this category, and is, in fact, the most widely used open source license in the world.”

Hall adds, "While his points are accurate enough, and reflect what I’ve already written in this article, the terms he uses suggest that the foundation holds the GPL and other copyleft licenses in contempt."

So what's all that got to do with the Software Freedom Law Center filing to have the Software Freedom Conservancy's trademark terminated? Nothing, insist the Linux Foundation and the SFLC. But Bruce Perens -- who founded the Linux Standard Base, one of the organizations that became the Linux Foundation -- thinks it's retaliation for a GPL enforcement lawsuit against VMware.

But that's a story for another post. Or two...

Podcasts

Expanded from a couple of posts at Brontoforumus, 2017-10-08.


I like listening to NPR on the drive to work.

I do not like listening to NPR on the drive home. I have had just about enough of Kai Ryssdahl acting surprised about the Internet.

So I decided to look into some podcasts. I'm not really looking for scripted stuff at the moment (I've got a buttload of Big Finish Doctor Who I haven't listened to yet as it is); I want something where if I lose the thread for a minute to concentrate on the road, I'm not going to miss out on important story details.

So here's what I've been looking at so far:

Brontoforumus regular Niku recommended Talkin Toons with Rob Paulsen; I listened to the Rick and Morty episode and thoroughly enjoyed it. The website hasn't been updated in a couple of years; it has episodes up through Christmas 2015. It went on hiatus after that (Paulsen had throat cancer; he's better now) and came back in January. Tech Jives has episodes up through May. More recently, the show has moved to Nerdist, which has a bunch of short videos but no episodes; there are some articles referring me to a subscription service called Alpha but it's not mentioned on the website and I really have no idea if the show's even available in audio format anymore? It's really not clear and I hope they fix that.

Retronauts is a podcast started by Jeremy Parish and currently hosted by Bob Mackey, about retro games.

Axe of the Blood God is USgamer's RPG podcast. I've only listened to it a couple of times, when my old friend Steve Tramer was a guest; he hasn't been on it recently, but it's still a good group.

Gilbert Gottfried's Amazing Colossal Podcast is pretty great. So far I've listened to some great interviews there, with Frank Conniff, Rob Paulsen, and Carl Reiner.

And speaking of Frank Conniff, he and Trace Beaulieu have a podcast called Movie Sign with The Mads where, as the name implies, they talk about movies.

I don't listen to a lot of political podcasts at the moment, but I like Larry Wilmore: Black on the Air. Larry's a good interviewer; I'll never understand why he went with a panel format on The Nightly Show, which was easily its weakest component. (It's not an original sentiment, but I do wish he'd gotten to take over The Daily Show and Noah had gotten a chance to do his own thing in Colbert's timeslot.)

I hear good things about Flop House (failed movies), Kevin Smith's Fatman on Batman (comics, movies, the sort of stuff characters in Kevin Smith movies talk about), and WTF. I've mentioned Kumail Nanjiani's X-Files Files before, back in 2015. I've listened to one episode of Talking Simpsons with Bob Mackey (another Niku recommendation) and it was pretty good; I expect I'll check out more.

As for actually-scripted podcasts (not what I'm currently looking for, but there are some good ones!), I enjoyed the one episode of Dead Pilots Society I listened to. It's a podcast where they do read-throughs of TV pilot scripts that never made it into production; the one I listened to and enjoyed was Only Child, a John Hodgman vehicle (the hook was he was playing himself as a teenager; all the other kids would have been played by age-appropriate actors).

And, lastly (for now!), I see that yesterday saw the launch of Nathan Rabin's Happy Cast. I haven't had a chance to listen yet, but I bet it's pretty good!

Election 2017

I haven't talked a lot about politics here lately, though I've talked about them plenty over in places like Brontoforumus, the politcs threads at the Avocado, and occasionally Nathan Rabin's comments section.

The results of Tuesday's election are cause for cautious optimism. The Democrats aren't perfect, but they're moving in the right direction and voters are responding.

I'd like to think this is a sign of things to come in 2018, but that's premature. We've got a lot of work to do.

The Mads Live

Expanded from a post at Brontoforumus, 2017-10-22.


Trace Beaulieu and Frank Conniff, formerly of MST3K, have been touring the country, riffing movies, under the name The Mads. I caught them at the Chandler Alamo Drafthouse two weeks ago, riffing the Vincent Price "classic" The Tingler. It was fun! If you get a chance to see them, I recommend checking them out.

The event was smaller and felt more intimate than when I saw Cinematic Titanic some years back. They've got a merch table (books and posters) where they hock stuff before and after the show, and I had a chance to chat with them for a bit (and picked up copies of Trace's Silly Rhymes for Belligerent Children and Frank's How to Write Cheesy Movies). They did an audience Q&A after the movie, too.

The riffing...well, you know how MST3K keeps things PG and doesn't make timely political jokes? Well, it's not like that. They say "fuck" a lot and one of the more memorable riffs involved a corpse covered by a sheet and Frank saying, "That sheet makes you look like a Trump supporter." So keep that in mind if you're planning on taking any kids or Republicans.

At any rate, the Mads put on a good show. Keep an eye on that tour schedule on Facebook (because for some reason their website is down) and go see 'em if you get a chance.

They've also got a podcast, Movie Sign with the Mads, where they discuss movies -- including some that are actually good! So far I've listened to their episodes on The Shining and Young Frankenstein -- it was Halloween season, after all. I enjoyed the shows and look forward to hearing more. And I expect I'll have more to say about podcasts in a future post.

Flake Out

Arizona Senator Jeff Flake announced last week that he wouldn't seek another Senate term. It's not at all clear what that means yet.

I didn't like Flake, but I thought he was a better choice than "Chemtrail" Kelli Ward, the Bannon-endorsed candidate who was running against him in the primary (and, according to current polls, was likely to beat him handily). I was strongly considering voting for Flake in the primary and against him in the general.

I don't agree with Flake on the vast majority of issues, but I think he really is sincere, honest, and principled. He helped save Scalise's life after the shooting in June, and never tried to make political hay of it. He defended a possible Democratic opponent against his own supporters when they smeared her for being Muslim. When other Republicans were canceling town halls, he faced an audience of protesters and even stayed late to talk to people one-on-one. Hell, here's a video where he holds the door open for someone following him around in a chicken costume.

All in all, I think Flake is probably a decent human being. I think his criticisms of Trump come from a place of genuine moral concern, not political calculation. (And if it was political calculation, oof, he sure miscalculated.) That said, his objections to Trump seem to be almost entirely on tone, not on substance; he agrees with Trump on economics, healthcare, choice, and government surveillance, to pick a few nasty examples off the top of my head.

But, non-trivially, he's strongly criticized Trump's racism. He vocally opposed Trump's travel ban, and for years he's one of a handful of congressional Republicans who's favored immigration reform. That doesn't excuse all the issues I disagree with him on, strongly, but I do think it's worth recognizing and praising a bad politician who does a good thing.

But I'm not gonna miss the guy. At least, not unless somebody even worse takes his seat.

Right now the frontrunners for the nomination are Kelli Ward (R) and Kyrsten Sinema (my rep, the most conservative Democrat in the House). But that could change.

FiveThirtyEight has a pretty good article called How Does Jeff Flake’s Retirement Change The Arizona Senate Race? and KJZZ's The Show had a discussion about Flake as well. Both pieces note that, while Ward's currently the Republican frontrunner by default, there's plenty of time for another candidate to enter the primary. In fact, that's almost certainly what Flake is counting on: he wants his seat to be filled by someone who's like him, but more electable. I see a lot of people saying Flake's a coward because he's quitting instead of staying and fighting, but quitting is honestly his best shot at keeping a Trump-friendly candidate out of his seat.

I think Sinema's got the best chance to win a Senate seat of any Arizona Democrat in thirty years. Just how good a chance isn't clear yet. Her conservative record, while deeply frustrating to liberal constituents like myself, will be an asset in a statewide election, she'll be running for an open seat instead of against an incumbent, and midterm elections usually favor the opposition party, especially if the President is incredibly unpopular. Flake's was the most vulnerable Republican seat in the Senate before he announced his retirement, and it still is.

But even assuming Sinema is the nominee -- and the primary's not until August -- we don't know who she'll be running against. I think she'd stand a good chance against Ward, but not decisively so; I'm legitimately worried that Ward could win.

And if it's not Ward, then who? We don't even know who else will enter the race at this point, if anyone. There's plenty of speculation -- Graham, DeWit, McSally, Schweikert -- but nobody's announced yet.

But shit, I'm getting ahead of myself. Never mind next year -- don't forget to vote next week.

Net Neutrality Day

Today's the Net Neutrality Day of Action.

Here's what I said about net neutrality during the open comment period in 2014, before the Title II rules passed, when the FCC was pushing a policy that would allow ISPs to charge websites for fast lanes:

This is exactly the kind of policy you get when you put a cable company lobbyist in charge of the FCC: a plan nobody but the cable companies could possibly want, and that seeks to make the Internet work like cable TV.

This plan has no benefit whatsoever to consumers. Cable companies demand extortion money from content providers; the providers who are willing and able to pay pass that cost on to their consumers (as Netflix has already done by raising its streaming subscription price), and the providers who aren't are put at a crippling disadvantage. You can bet the ever-increasing bottom dollar on your cable bill that if Comcast had had the opportunity to demand a premium from YouTube to stream video in 2005, we wouldn't be talking about YouTube today -- though maybe that would have been good news for Real Networks, as we'd probably still be limping along on the vastly inferior RealPlayer. Buffering...

This proposal is a government handout to the kind of companies that need it the least: monopolies and near-monopolies that already provide poor service at exorbitant prices, and suffer no market backlash for the simple reason that they provide a necessary service and have no competition.

Google doesn't want this. Microsoft doesn't want this. Netflix doesn't want this. Amazon doesn't want this. Consumers don't want this, and small businesses sure as hell don't want this. The only ones who DO want this are the cable companies who pick our pockets every month -- and their former employees like Chairman Wheeler.

And here's what I said during the open comment period this year, with the FCC preparing to repeal the Title II rules and, once again, proposing Internet fast lanes:

Seeking public comment? This is a farce. Chairman Pai heard exactly what the public had to say in 2014. The public responded, overwhelmingly, in support of net neutrality; indeed, the public interest was so high that the traffic brought down fcc.gov.

If Chairman Pai cared what the public thought, he would not be reversing a rule supported by the public in order to grant more power to internet service providers, some of the most despised companies in America. Nobody wants this except Comcast, AT&T, Charter, and Time Warner.

There is no free market competition in broadband Internet in America. There is no incentive for ISPs to compete on price or on service. We, as Americans, are a captive audience; our only choices are "use whatever ISP is available at our address" and "try to participate in twenty-first century America without Internet access".

We've already seen AT&T prioritizing its own traffic and Comcast banning protocols it didn't like. We need net neutrality protections to prevent predatory, monopolistic ISPs from engaging in that behavior. This is obvious to every American who's seen their monthly bill go up while the quality of service goes down.

But Chairman Pai has made it abundantly clear that he doesn't care what the American public has to say. If he did, he wouldn't even be considering repealing net neutrality.

I was wrong about Wheeler. He backed away from the fast-lane proposal, and passed Title II regulation. It wasn't perfect, but it was better than I ever thought we'd get.

I don't think I'm wrong about Pai. I'd love to be, but I think the fix is in. Pai doesn't give a fuck what the American public has to say.

But it's not about Pai. Pai won't last forever. Trump won't last forever. Even if the Republican majority in Congress sticks around, they're going to have to face their constituents sooner or later. And while net neutrality is a partisan issue on Capitol Hill, it's got broad bipartisan support everywhere else.

I don't think today's protests are going to make a damn bit of difference to Pai. But this is a long game. We need to keep the pressure on.

And hey, I've been surprised before. I thought SOPA and the TPP were foregone conclusions too. Maybe I'll be pleasantly surprised again.

Tracking

I wrote a post about VPNs a few months back, referring to the recent repeal of Obama-era regulations that would have prevented ISPs from selling customer browsing history.

There's a common refrain I've seen from people who favor the repeal, both in the government and in Internet comments sections: "Google and Facebook track you and sell your data, and the government doesn't stop them from doing it, so it's not fair to stop your ISP from doing it!"

Now, this argument is fundamentally dishonest, for the following reasons, off the top of my head:

  • Your ISP sits between you and every single site you visit. Google and Facebook have extensive tracking operations, but not that extensive.

  • You can use the Internet without using Facebook or Google. It may not be easy, but it's possible. You can't use the Internet without your ISP.

  • Google and Facebook's business model is that they provide a service and, in exchange, you allow them to gather your personal data and resell it to third parties. Your ISP's business model is that it provides service and, in exchange, you pay them eighty fucking dollars a month. Did I say eighty? They just kicked it up to one-thirty, if you want unlimited data.

    When you give your personal data to Facebook or Google to sell to third parties, you get their service in return. When you give your personal data to your ISP to sell to third parties, you get fucking nothing in return, because you're already paying your ISP money in exchange for Internet service. Is your ISP going to lower your bill in exchange for taking your personal information to sell to third parties? LOLno.

  • Google and Facebook have competitors. Those competitors don't have the dominant market position that Google and Facebook do; hell, maybe they're just plain not as good. But they exist. They're options.

    There is no significant broadband competition in the US. If I don't like my ISP, I can't just switch to another one, because there is no other one available at my address. My choices consist of Cox, no Internet, and moving.

    There's no incentive for your ISP to behave ethically. There's no incentive for your ISP to charge you fairly. There's no incentive for your ISP to provide quality service. My ISP is a monopoly. Yours probably is too. Or, at best, it might have one competitor that does all the same shit.

  • Google and Facebook have pages where you can opt out of tracking.

But. Despite the intellectual dishonesty of the "but Google and Facebook track you!" argument, there is a kernel of truth in there: yes, Google and Facebook track you, yes it's difficult to avoid that tracking, and no, there are no regulations in place to protect your data. This is a problem.

So, shortly after writing that post, I removed the Google Analytics code from this site. And now I've also updated the site so that the fonts it uses are hosted here at corporate-sellout.com, not called from Google Fonts (hat tip to the Disable Google Fonts WordPress plugin). I'm still using a Google Captcha on the Contact page for now, but I'm looking at alternatives. Plus, there are YouTube videos embedded on this site...and, well, there's nothing I can really do about preventing Google from tracking you when you load YouTube videos. Sorry about that.

I'm also planning on adding SSL to the site, eventually, but I haven't gotten around to it yet.

This blog's not a business. Occasionally somebody buys something through an Amazon Associates link, or buys my book (thanks!), but I've got a day job; I'm not here to make money. I write stuff here because I like to write stuff. Sometimes people like it, and that's cool, and it's cool to know that people are reading. But that's as far as my interest in analytics goes.

I don't resell data; I don't do SEO or A/B headlines or clickbait or any other kind of crap to try and drive people here -- hell, I hate all that shit. But I like looking at site stats once in awhile to see where people are coming from, where somebody's mentioned me, and to laugh at search terms like "did stan lee bone at jack kirby's wife".

So I'm looking for a new stats package. Server-side; just for me, not Google.

Meanwhile, I am looking for ways to use Google as little as possible, not just on this site but in general. I think I can probably get a few more posts out of that subject.

Resources for pfSense, Private Internet Access, Netflix, and Hulu

You've probably heard by now that the US Congress just repealed Obama-era regulations preventing Internet service providers from selling their users' browsing data to advertisers. I'll probably talk more about that in future posts. For now, I'm going to focus on a specific set of steps I've taken to prevent my ISP (Cox) from seeing what sites I visit.

I use a VPN called Private Internet Access, and a hardware firewall running pfSense. If that sentence looked like gibberish to you, then the rest of this post is probably not going to help you. I plan on writing a post in the future that explains some more basic steps that people who aren't IT professionals can take to protect their privacy, but this is not that kind of post.

So, for those of you who are IT professionals (or at least comfortable building your own router), it probably won't surprise you that streaming sites like Netflix and Hulu block VPNs.

One solution to this is to use a VPN that gives you a dedicated IP (I hear good things about NordVPN but I haven't used it myself); Netflix and Hulu are less likely to see that you're using a VPN if they don't see a bunch of connections coming from the same IP address. But there are problems with this approach:

  • It costs more.
  • You're giving up a good big chunk of the anonymity that you're (presumably) using a VPN for in the first place; your ISP won't be able to monitor what sites you're visiting, but websites are going to have an easier time tracking you if nobody else outside your household is using your IP.
  • There's still no guarantee that Netflix and Hulu won't figure out that you're on a VPN and block your IP, because VPNs assign IP addresses in blocks.

So I opted, instead, to set up some firewall rules to allow Netflix and Hulu to bypass the VPN.

The downside to this approach is obvious: Cox can see me connecting to Netflix and Hulu, and also Amazon (because Netflix uses AWS). However, this information is probably of limited value to Cox; yes, they know that I use three extremely popular websites, when I connect to them, and how much data I upload and download, but that's it; Netflix, Hulu, and Amazon all force HTTPS, so while Cox can see the IPs, it can't see the specific pages I'm going to, what videos I'm watching, etc. In my estimation, letting Cox see that I'm connecting to those sites is an acceptable tradeoff for not letting Cox see any other sites I'm connecting to.

There are a number of guides on how to get this set up, but here are the three that helped me the most:

OpenVPN Step-by-Step Setup for pfsense -- This is the first step; it'll help you route all your traffic through Private Internet Access. (Other VPNs -- at least, ones that use OpenVPN -- are probably pretty similar.)

Hulu Traffic -- Setting up Hulu to bypass the VPN is an easy and straightforward process; you just need to add an alias for a set of FQDNs and then create a rule routing connections to that alias to WAN instead of OpenVPN.

Netflix to WAN not OPT1 -- Netflix is trickier than Hulu, partly because (as mentioned above) it uses AWS and partly because the list of IPs associated with AWS and Netflix is large and subject to change. So in this case, instead of just a list of FQDNs, you'll want to set up a couple of rules in pfBlockerNG to automatically download, and periodically update, lists of those IPs.

That's it. Keep in mind that VPN isn't a silver bullet solution, and there are still other steps you'll want to take to protect your privacy. I'll plan on covering some of them in future posts.