-Caveat Lector-

http://www.informationweek.com/story/IWK20010816S0015

Is Windows XP's 'Product Activation' A Privacy Risk?
Aug. 20, 2001

Is Microsoft's mandatory registration scheme also a back door for
snooping?
By Fred Langa



Microsoft's forthcoming XP operating system, which represents the
final merging of the Win9X and WinNT/2K product lines, will be a
watershed for a number of reasons. We'll deal with many of them over
time, but for now, let's focus on its privacy issues.
As XP rolled out in betas, two major areas of privacy-related
concerns bubbled to the surface. One was HailStorm, a set of services
based on Microsoft's Passport technology (a Microsoft Passport
account can contain a large amount of individually identifying data).
HailStorm is a large and complex topic, deserving its own extended
coverage, so we'll do that in a future column. (To get up to speed in
the meantime, you can read Microsoft's explanation and spin about
HailStorm and InformationWeek's reporting on the topic (see HailStorm
Ties Microsoft To Its Future And Past and other recent articles).

Today, we'll focus on the other major area of privacy concern: XP's
anti-piracy "Windows Product Activation" feature. While our main
focus will be on the operating-system-level WPA, we'll also discuss
the WPA that also appears in Microsoft's XP line of Office
applications and suites.

Once you install XP software, the WPA system keeps track of how many
times you've launched the software and how much time has passed.
Before the end of a Microsoft-determined amount of time or number of
launches, you must--must--register the software, or it reverts to a
reduced functionality mode. For example, after 50 launches without
registration, Office XP will let you view your documents, but not
change them or create new ones. The allowed number of launches and
time varies by product. For example, with the XP operating systems,
you have 30 days before you must register.

So, with the WPA, Microsoft is quite literally forcing you to
register--to provide it with some personally identifiable information-
-to keep using the products that you already bought and paid for!

Of course, in legal terms, you don't usually buy software; you don't
even buy the CDs on which the software resides. You're actually
buying a license that lets you use the vendor's software on the CDs.
The company selling the license--in this case Microsoft--can make up
whatever rules it wants, and you must agree to those rules if you use
its software.

While larger enterprises are well-versed in the licensing model,
medium and smaller business (and individual users) usually still
think of software in retail terms: "buying" and "owning" the CDs. To
these tens of millions of users, XP's WPA will be a bucket of cold
water in the face, reminding them that that, even after paying full
retail prices, they don't really own the software on their PCs. I
expect Microsoft to experience a consumer backlash from this,
especially in light of the rest of the Windows Product Activation
story.

Hardware Hashing And Phoning Home
You might think you could evade the mandatory registration by doing
what many users do when confronted with an invasive request for
personal information: lie. You could, for example, make up
information and register from a throwaway E-mail account.

Except that won't accomplish much with XP. Here's why:

When you register XP software, the registration process creates and
sends to Microsoft a unique 50-digit numeric fingerprint or code. The
code is a combination of the serial number of your copy of XP, plus
additional information about 10 major hardware elements in your
system. According to the German software firm Fully Licensed, which
reverse-engineered the beta XP registration codes (see WPA Resource
Center), the hardware "hash" code is based on the following
information from your PC:

CPU serial number
CPU model number/type
Amount of RAM in the system
Graphics adapter hardware ID string
Hard drive hardware ID string
SCSI host hardware ID string (if present)
Integrated development environment controller hardware ID string
MAC address of your network adapter
CD-ROM drive hardware identification string
Whether the system is a dockable unit (e.g. a notebook) or not
But that's not all. Even when it's been fully registered, the WPA
component wakes up from time to time. It verifies that it's on the
original system where it was first installed, and it "phones home" to
check with the central Microsoft database to make sure it's still,
indeed, a registered copy.

If the WPA discovers that it's no longer on the system where it was
originally installed, or if the Microsoft database at the other end
of the phone-home connection says you're not registered, then reduced-
functionality mode kicks in.

But note: The WPA software identifies the PC on which it's loaded by
the "hash" code of the 10 hardware elements listed above. So if you
perform a major upgrade on your PC (say, you installed a new
motherboard) the WPA software will assume it's been pirated to a new
PC and drop to reduced functionality mode. That will happen even if
you're the legitimate license holder working on your own PC, with
absolutely no pirating going on. Under the original WPA plan, you'd
then have to contact Microsoft by phone, hat in hand, to ask for a
new activation of the product you already paid for and registered.
It's positively Dickensian: "Please, sir, I want some more."

As you might imagine, many users are incensed at this level of
monitoring, intrusion, and control by Microsoft. Some are upset at
the inconvenience this represents; others are deeply worried about
the privacy-invading "Big Brother" nature of the system. There's even
a grass-roots campaign to petition Microsoft to change its WPA
process.

What's Being Phoned Home?
Longtime readers know I'm no fan of phone-home applications, on the
general principles that no app should decide that it's going to
consume some of my bandwidth for its own benefit; also, I want to
control what information various companies can gather about me. (It
can be hard or impossible to know exactly what a phone-home app is
sending back.)

So, on those bases alone, WPA gets a big black mark.

But to its credit, Microsoft has played clean in the past with other
phone-home apps, such as the automated versions of Windows Update. To
my knowledge, there's never been a documented case where those apps
have violated user privacy or sent back inappropriate data to
Microsoft. I don't believe there's any reason to suspect that the
phone-home elements of WPA, per se, will behave any differently. (The
HailStorm/Passport issue is separate; we'll come back to that in
another column.)

And, although the XP operating system is in beta at the time of this
writing, independent third parties who have packet-sniffed the WPA's
phone-home exchanges report nothing nefarious is going on and that
it's not--repeat, not--a wide-open back door by which Microsoft is
snooping on your private data.

So I am happy to report that--despite what you may hear in the more
alarmist corners of the Web--the WPA phone-home process does not, in
itself, appear to be a major issue in terms of active snooping.

But that still leaves the larger issue of forced registration in
general, and that's a huge one. So big, in fact, I think there's a
good chance it will turn into a debacle for Microsoft.

A Pyrrhic Victory Over Pirates
Without a doubt, Microsoft's intent with WPA was simple: It's an anti-
piracy measure, designed to ensure that Microsoft is paid for every
copy of its software in use. If, for example, the Microsoft
registration database shows many different machines popping up with
the same software serial number, they'll know those copies of the
software were stolen and can theoretically trace them back to the
original purchaser.

Piracy isn't defensible. It's wrong--a form of theft. But there are
many, many problems with the WPA approach to stopping piracy.

At the conceptual level, it's hard to work up much moral outrage in
favor of a company that seems intent on gouging its honest customers.
Don't you think it's silly for an Office suite to cost almost as much
as much as some brand-new PCs do? Isn't it nuts for a Microsoft
operating system to cost hundreds of dollars, when some major
competitors cost only a few tens of dollars or even are free? Theft
is wrong, but Microsoft muddies the moral waters by charging what I
think are unconscionably high prices for its products. It's not as
though Microsoft is a tiny company struggling to find black ink,
impeded by dastardly software pirates. No, Microsoft is insanely
profitable and certainly could cut its customers a little slack.
Piracy is wrong, but so is price gouging.

Even given Microsoft's legal right to enforce its licenses, WPA is a
heavy weapon aimed at the wrong people. Malicious hackers and
the "warez" piracy crowd will crack the registration code algorithms
soon after XP's release. Microsoft even freely admits this will
happen: The "intellectual property protection arena is a cat-and-
mouse game. All IP protection technologies will be cracked at some
point; it is just a matter of time." So, Microsoft admits its WPA
policies will not seriously impede the overtly illegal software
cloners and copiers, and it's obvious that WPA will hamper the mostly
lawful, mostly loyal users who aren't the real source of the piracy
problem in the first place! It's almost as if Microsoft is
saying, "First, we'll gouge you with high prices, then we'll make you
jump through flaming hoops."

But one group of users will be stopped cold by WPA: the people who
allow casual (albeit illegal) copying in offices and homes. One user
buys a legitimate copy and lets someone else make a duplicate
installation. XP's WPA scheme will, indeed, largely prevent this type
of copying. But I think this will be a full-bore Pyrrhic victory for
Microsoft.

You see, Microsoft has made the foolish assumption that all those
excess copies will magically transform into cash as users open their
wallets and go legit. But most of those illegal copies are the result
of Microsoft's high prices in the first place. If people couldn't
afford to buy legal copies of Microsoft software before, they're not
going to suddenly cough up hundreds of dollars per seat to go legit
just because XP has arrived.

Instead, I think these people--for whom obtaining multiple full-price
copies is out of the question--will flock to free and low-cost
options such as Sun Microsystems' StarOffice Suite and the Linux
operating system.

Instead of finding a way to embrace its marginal customers, Microsoft
will be driving them away. Does that sound like a solid business
strategy to you?

Sticks And Carrots
I think Microsoft is going about product registration all wrong. In
return for asking users to give up some privacy and anonymity by
registering, Microsoft could have offered a carrot: some meaningful
enticement or truly valuable benefit that users would gain by
registering. (In the past, Microsoft has offered trivial, low-value
incentives--trinkets and freebies--to registrants, but to my
knowledge, it's never tried offering a meaningful inducement.)

Need a suggestion, Microsoft? How about giving a $150 rebate to
people who register a $300 piece of software? If the rebate were real-
-if you didn't further jack up the software prices to offset this
rebate--I'd bet your level of voluntary registration compliance would
go through the roof, and the level of piracy would plummet. I'd bet
you'd more than make up in sales volume and piracy prevention what
you'd lose through funding the rebate. And you'd be the good guys
again.

But instead of using a carrot, Microsoft has opted to use a stick to
force compliance by crippling your XP software--software you've paid
top dollar to use--if you don't register within the time frame and by
the means that it wants. Microsoft wants your full-fare money and it
wants to know who you are, where you are, and what PC you're using--
and you'd better hand it over, buster, or the company will cripple
your software.

What gall!

It's also horrible psychology: With behavior like this, how can
anyone not regard Microsoft as an out-of-control bully? How can this
jackbooted registration process win customer loyalty and goodwill?
What on earth is Microsoft thinking?

Microsoft was once a truly great company, but got itself into trouble
by bullying its competitors. Now, with WPA, it wants to bully its
customers. That's insane; Microsoft is undermining its own future by
alienating the very people who elevated it to its present stature and
who are the key to its future.

Time To Change WPA?
The Windows XP operating system hasn't shipped yet. Although it's
very late in the game, there's still some wiggle room. As word about
various WPA elements has filtered out, Microsoft has already softened
some of it.

For example, the whole, from-scratch WPA registration/activation
process is triggered not only at first install, but also if
(read: "when") you reinstall the software or if you legitimately move
the software to a new machine or if you perform a major upgrade of
the machine the XP software originally was installed on. As mentioned
earlier, the original plan was for you to have to make a phone call
to Redmond and, in effect, beg for permission to reuse the software
you'd already paid for and registered.

When users screamed, Microsoft bent the rules. Now you'll be allowed
to make some significant changes to your setup, over time: As first
reported in depth in Scot Finnie's excellent newsletter, the WPA
software is being adjusted to allow more latitude for such things as
replacing network cards and graphics cards and adding RAM, without
automatically triggering the need to reregister manually. Although
the specifics aren't yet clear, the intent is to allow for normal,
routine hardware changes over time, while still allowing Microsoft to
detect wholesale cloning/pirating of software. However, even
these "allowed" (gee, thanks) hardware changes will be communicated
back to the Microsoft central database via the phone-home connection.

Corporate customers also got a modest WPA change. Site-license
holders can enter a master key code that obviates the need to
separately register every machine in the company. (But it's unclear
whether or not the phone-home activity stops; my read is that it does
not and that could end up eating a lot of bandwidth in companies with
many PCs.)

Because Microsoft already has adjusted Windows Product Activation,
perhaps there's some slim hope that further changes can be made.

So, add your voice. What's your take on WPA? How do you feel about
being forced to register your software? How do you feel about WPA
monitoring your hardware setup? What about its phone-home activity?
Or its ability to cripple your software setup? Do you think WPA will
convert pirates into paying customers for Microsoft, or will it drive
people to less-expensive, user-friendlier competitors? Will you use
XP? Your voice is your vote--please join the discussion!







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