TL;DR
At the 39th Chaos Communications Congress in Hamburg, a long-time EFF activist argued that actions by the Trump era have unexpectedly created an opening for a "post-American" internet. The speech traced how anticircumvention rules—rooted in the U.S. DMCA—have spread worldwide via trade deals and said a broad, new coalition could now push for a different model.
What happened
On December 28, at the 39th Chaos Communications Congress in Hamburg, a senior Electronic Frontier Foundation activist delivered a speech titled "A post-American, enshittification-resistant internet." He framed his talk as the continuation of a decades-long fight he calls the "War on General Purpose Computing," recounting early fights such as the campaign against the Broadcast Flag and the subsequent federal-court victory that overturned the FCC rule. He argued that although advocates have won skirmishes, the broader battle has been lost for about 25 years, in large part because anticircumvention laws have made it illegal to modify devices or publish means to bypass built-in restrictions. The speaker said recent political upheaval tied to Donald Trump has, unintentionally, created a strategic opening: a diverse coalition of digital-rights activists, economic actors who want to reduce U.S. Big Tech dominance, and national-security figures worried about digital sovereignty may now align to build an internet less dependent on American priorities.
Why it matters
- Anticircumvention laws can criminalize device modification, vulnerability disclosure and security research, affecting consumer control and safety.
- The U.S. DMCA model and related rules have been exported globally through trade agreements, shaping internet governance far beyond America.
- A new, cross-ideological coalition could shift policy toward interoperable, less extractive digital systems.
- Shifts away from U.S.-centric rules would change the legal and economic dynamics that currently favor large American tech firms.
Key facts
- Speech given December 28 at the 39th Chaos Communications Congress (39C3) in Hamburg.
- Speaker is an activist with the Electronic Frontier Foundation and is beginning his 25th year there.
- Early fight referenced: opposition to the Broadcast Flag and a successful lawsuit that overturned the FCC rule.
- Anticircumvention law in the U.S. is embodied in Section 1201 of the Digital Millennium Copyright Act (DMCA).
- Under Section 1201, bypassing an access control can carry up to a five-year prison sentence and a $500,000 fine for a first offense, per the speech.
- The speaker said anticircumvention criminalizes modification of product code and disclosure of bypass techniques, impeding research and remediation.
- The EU enacted comparable provisions through Article 6 of the 2001 EU Copyright Directive, according to the speech.
- Several countries adopted similar anticircumvention rules under U.S. trade agreements: Australia via the US-Australia FTA, Canada and Mexico via the US-Mexico-Canada Agreement, Chile via bilateral agreements, and Central American nations via CAFTA.
- The speaker quoted Jay Freeman calling the law 'Felony Contempt of Business Model.'
What to watch next
- Whether the coalition of digital-rights activists, economic actors seeking alternatives to Big Tech, and national-security advocates actually coalesces into concrete policy changes (not confirmed in the source).
- Any legislative or regulatory proposals aimed at rolling back or reforming anticircumvention provisions internationally (not confirmed in the source).
- How trade negotiations and agreements evolve in response to pressure to remove or alter anticircumvention obligations (not confirmed in the source).
Quick glossary
- Anticircumvention: Legal provisions that make it illegal to bypass technological access controls on digital goods and services, and often to share methods for doing so.
- DMCA Section 1201: The portion of the U.S. Digital Millennium Copyright Act that criminalizes circumvention of access controls on copyrighted works, including penalties for bypassing such controls.
- Broadcast Flag: A regulatory proposal referenced in the speech that sought to restrict digital devices' capabilities; a U.S. FCC rule related to it was later overturned in court.
- General-purpose computing: Computers and devices that users can modify or program to perform a wide range of tasks, as opposed to locked-down, single-purpose systems.
Reader FAQ
What does 'post-American internet' mean in this speech?
The speaker uses it to describe an internet built without prioritizing American legal and commercial models, made possible by recent political shifts.
Did Trump intentionally create this opportunity?
According to the speaker, Trump did not do it on purpose; his actions nonetheless opened an opportunity (as stated in the speech).
What is the main problem with anticircumvention laws?
The speech argues they criminalize modifying devices and publishing bypass techniques, which can block security research and user control.
Will this new coalition succeed in changing global rules?
Not confirmed in the source.
Pluralistic: The Post-American Internet (01 Jan 2026) Today's links The Post-American Internet: My speech from Hamburg's Chaos Communications Congress. Hey look at this: Delights to delectate. Object permanence: Error code…
Sources
- The Post-American Internet
- America's collapsing consumption is the world's …
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