EFF on the UN Cybercrime Treaty

EFF has a good explainer on the problems with the new UN Cybercrime Treaty, currently being negotiated in Vienna.

The draft treaty has the potential to rewrite criminal laws around the world, possibly adding over 30 criminal offenses and new expansive police powers for both domestic and international criminal investigations.

[…]

While we don’t think the U.N. Cybercrime Treaty is necessary, we’ve been closely scrutinizing the process and providing constructive analysis. We’ve made clear that human rights must be baked into the proposed treaty so that it doesn’t become a tool to stifle freedom of expression, infringe on privacy and data protection, or endanger vulnerable people and communities.

Posted on April 19, 2023 at 6:07 AM26 Comments

Comments

ResearcherZero April 19, 2023 7:17 AM

Any country trying to build data-driven surveillance systems is going to run into the over-collection problem.
‘https://www.dw.com/en/germany-police-surveillance-software-a-legal-headache/a-64186870

Hesse’s police cannot conduct automated data analysis until its government has rewritten its legislation. The ruling also threatens Palantir’s expansion to other states.
‘https://arstechnica.com/tech-policy/2023/02/germany-raises-red-flags-about-palantirs-big-data-dragnet/

Palantir helps police clients connect disparate databases and pull huge amounts of people’s data into an accessible well of information.
‘https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2023/02/rs20230216_1bvr154719.html

“allow police, with just one click, to create comprehensive profiles of persons, groups, and circles,”
‘https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2023/bvg23-018.html

The linkages are broad and deep and create a web of associational suspicion.

Peter explains it best…

Dutton said that if there might be “six or eight people we have concerns with”, they will be spoken with if identified as appropriate to do so.

“It might be that there’s a snippet of information that somebody provides, an email address, mobile phone number on their application form that, through the data analytics, can link that back to somebody who has links to somebody known to us or to one of our Five Eyes partners,” he added.

“For the numbers of people coming through our airports, I want them to walk seamlessly down — off the A380 — and, in time, and we’re not far off this, with facial recognition on the move, people’s passports will stay in their pocket. They will walk from the plane directly out to the curbside and depart the airport.”
‘https://www.zdnet.com/article/dutton-says-facial-recognition-in-lieu-of-passports-very-close-to-reality/

But no one notices because they have their headphones on, are staring at their phones, and listening to some fat beats.
Doof… doof ,doof.
Doof… doof ,doof…

Michael April 19, 2023 8:30 AM

Okay everyone, repeat after me:

THE ONLY SOLUTION TO THESE PROBLEMS IS QUALITY PUBLIC EDUCATION!

Democracy only works when you have a well educated populace capable of critical thought. Without a deep understanding of history, politics, government, society, law, etc., it’s too easy to push through legislation like this and persuade the dumb masses that it’s in their best interest. Heck, even many of those in power probably believe it’s in the public interest to pass legislation like this.

Most people simply don’t understand the importance of privacy and human rights. Most people don’t understand the importance of strong encryption free of back doors. Most people don’t understand the danger of giving governments and institutions too much power and how it will always be abused. Most people can be too easily persuaded by empty arguments like “well, I have nothing to hide.”

The ONLY solution is a well educated population, which is only achievable through HEAVY investment in PUBLIC education. That includes public college education that is FREE FOR EVERYONE. Anything less, and people will continue into being tricked into giving away their privacy, their rights, and relinquishing ever more control to governments, corporations, and other institutions.

Winter April 19, 2023 9:15 AM

@Michael

Democracy only works when you have a well educated populace capable of critical thought.

Hence, education has been downgraded in in many countries. Not least in Republican governed counties in the USA. Bad education is the most powerful weapon against Democracy.

Look at the DeSantis’ actions to prohibit any real history teaching in Florida. Remember that those who deny the history of slavery want to revive it.[1]

‘https://www.npr.org/2022/02/03/1077878538/legislation-restricts-what-teachers-can-discuss

‘https://www.theguardian.com/books/2023/feb/09/ron-desantis-florida-education-censorship

[1] From: Those who deny the holocaust want to repeat it

Kent Brockman April 19, 2023 11:09 AM

@Michael

“Democracy only works when you have a well educated populace capable of critical thought. Without a deep understanding of history, politics, government, society, law, etc., it’s too easy to push through legislation like this and persuade the dumb masses that it’s in their best interest”

How’s this supposed to happen when the focus of higher ed(and those paying for it) is increasingly on the STEM fields with little regard for that other “useless” economically stuff? Even a shallow understanding of the stuff quoted is asking a lot, let alone a deep one.

Clive Robinson April 19, 2023 3:02 PM

@ ALL,

Three things to say,

1, Remember Aaron Swartz

2, The UN is sending the World to hell in a desire for money from tyrants, dictators, aithoritarians, and moronic “Strong men”[1].

3, These rules would if they become law would make my two factual footnotes below a crime…

[1] I suspect that it is widely known by now that the reason WHO a UN agency “fluffed the shelved” it’s C19 origins investigation was it’s desire for cash from China. Remenber that’s 7 million confirmed deaths and atleast three times that where dishonest reporting tried to hide the excess Covid deaths. And those figures are rissing every day with a tally of 763 million confirmed infections acording to WHO figures… And the deaths are rising daily and Covid is in reality still a very infectious pandemic circling the globe as the seasons move.

[2] You would be forgiven if you thought we are lucky that C19 is barely pathogenic. Unfortunately even though we now know the risks from infection are less than the mRNA and Adeno virus vaccines some are still “Pushing for Profit”. Which carries it’s own scythe, in that they are killing otherwise healthy children by the fact the entire spike protein is circulating in their bodies and attaching to organs which then get destroyed by the bodies immune system (effectively like auto-immune response). The only question is who is going to say it publically other than slowly rising numbers of pathologists who are doing the autopsies and see peoples children on their slabs. In the UK at least the rules have been quietly changed and only those over 75 or those with certain diseases now qualify for boosters. After all what politician wants to admit they are a “Kiddy Killer”?..

Jonathan Wilson April 19, 2023 8:05 PM

How do we make sure that the likes of the FBI, NSA, GCHQ, AFP and others (or the equivalents in countries like China, Russia, Iran etc) don’t push for this treaty to include backdoors and intentionally weakened security in the name of stopping terrorists, kiddy fiddlers and other evil doers?

Winter April 20, 2023 11:06 AM

@anon

Where is the evidence to support your statement?

Besides banning education about racism, health, and “old earth”, ie, Science?

A few links:

‘https://www.usnews.com/news/education-news/articles/2023-03-28/head-of-powerful-teachers-union-blasts-republican-attempts-to-gut-public-education

‘https://time.com/101697/blue-states-barack-obama-won-in-2012-are-more-educated-than-red-states/

‘https://www.politicususa.com/2015/11/17/red-state-stupidity-confirmed-9-10-education-states-america-vote-republican.html

Winter April 20, 2023 1:16 PM

@anon

Thats not competent evidence, its news.

Did you show anything that argues it is not so?

- April 20, 2023 4:27 PM

@Winter:

Don’t wrestle the bear, they just get off on it…

Basically they’ve said zero of worth, interest, or credence and they won’t unless they have another script to work from.

Robin April 21, 2023 3:07 AM

@Kent Brockman
“How’s this supposed to happen when the focus of higher ed(and those paying for it) is increasingly on the STEM fields with little regard for that other “useless” economically stuff?”

Higher ed is already too late. People need to learn about how society works, how to question its governance, the consequences of sleepwalking into the future and about bread and circuses during their formative years, i.e. adolescence.

I wouldn’t go as far as Ignatius Loyola (or was it Aristotle?) who is supposed to have said “Give me a child until he is seven and he is mine for life”, although there is some truth in that as well.

Winter April 21, 2023 3:45 AM

@-

Don’t wrestle the bear, they just get off on it…

I know but I go for the Troll defining feature:

Basically they’ve said zero of worth,…

I sometimes doubt and then test whether there is something, anything, new coming.

Then there is the diagnostics:
No new info volunteered == Troll

It is like the old Captcha question: The name of the nearest star
If you cannot get at that low bar, you must be a troll.

Clive Robinson April 21, 2023 5:45 AM

@ Kent Brockman, Robin, ALL,

Re : Is it STEM or “Sitting next to Nelly” replacement?

“[T]he focus of higher ed(and those paying for it) is increasingly on the STEM fields”

Actually it’s mostly not, just appears that way to those outside of the field of endevor.

The reason is “Employers wants”. Back in the 1960’s when manufacturing industry started to take off for making home electrical and electronics goods most people left school to “go into service”, “trade” or “home making” at the age of 14. The girs became shop workers or nurses prior to being “Wedded, bedded and home making” a small number went on to be Teachers where sex equality employment was more in their favour. The boys got “trade training” but mainly had the corners knocked of untill old enough to be pushed into “National Service”.

A few of the boys “selected by the ‘Eleven Plus’ streaming” got grammer schools and academic education to get University or Managment and “Officer Cadet training”

For those doing shop or trade work even basic numeracy was not really a requirment, and their post school “training” was by the “seeing and doing” poor man’s apprenticeship of “sitting next to Nelly”.

Then for the brighter ones on entering National Service they would again be streamed into vocational trades rather than being a drunken fist swinging grunt, of the “If it moves salut it, if it doesen’t paint it” level of thinking obaying.

Back then the Armed services increasingly needed vocationaly traned personnel as equipment was getting increasingly sophisticated. A radio or radar technician on “geting out” could command wages better than nearly any other tradesperson, and many actually set themselves up in buisiness as TV/Radio repairmen and quickly earned sufficient money to pay cash for middle class and upper middle class homes along side “Professionals” such as Lawyers, Doctors, Accountants, and Teachers/acadenics.

My parents were both Professionals, my father in Accountancy and Law abd later graduate level education. My mother got hit by the inequality in academia but became a senior school teacher, then head of Department and was destined for “headship” but dropped out for a while to have a family, which unfortunately blocked her future progression up the managment path or ability to switch into higher level academia and a research post.

But the problems of lack of vocational trained technicians also hit manufacturing industry. With the result “Night Schools” started offering “Higher Education” via “City and Guild’s” training to degree entry level or with extra maths second year entry.

But industry needed manufacturing staff. Back in the 1930’s through 50’s both electrical and electronic equipment was “hand made” on early production lines. Whilst you could learn by sitting next to Nelly from an employers perspective you were not earning your wages… Thus “poaching of staff” became rampant and wages started to rise. Changes in technology and social perception in the electronics industry ment women could do a lot of manufacturing work and many who had had their families but had had war time training were draged in as a way to lower the wage bill.

During the 60’s all was well emoloyment was high and the economy was apparently hunming along. However it was not and the start of the 1970’s was not a good time, with strikes, three day weeks and power cuts.

The real reason started with “Beer and fags for the boys” policy for a Government to be ellected as WWII soldiers were discharged, rather than investing in infrastructure that had had the guts kicked out of it, and war debt. So there was no investment in industry, manufacturing or infrastructure.

Whilst things did start to pick up again towards the end of the 1970’s employers were still not investing in their work force. The advent of the microprocessor changed much of the way industry functioned and control systems became much more complicated than “lader logic” using relays and motor driven mechanical switches as “sequencers”. I got lucky I’d not just taken an interest in micro processors I spent the equivalent of half a years income on the parts to build my own computers and later purchased an Apple ][ for learning both Pascal and Fortran. The only other way to learn them was at the second year stage in university. As at that time most computer related organisation that did offer training taught only IBM “assembler” or Cobol. Then the “home computer market” kicked of big style and I rode the wave of my self education into succesively better and more technical jobs.

My main advantage was thanks to spending time from pre-teen with University and College librarians and a memmory that appeared capable of remembering vast amounts of information, but importantly in which data sheet, journal, book or standard it was in, not just to the chapter but to the page and paragraph. This made me a “Team resource” and “lead design” by default and I quickly gained wide experience so had not just incredible depth but very wide breadth across several disciplines, so “job hopping” was easy and I had the equivalent of several career disciplines to my belt, and a personal technical library from continuing self education/curiosity larger than quite a few Universities and is several thousand books in size and forms my “dead tree cave”.

Such self education does not come cheap. Around 10% of my gross income on books and related trade magazines and the equivalent of 1700 hours/year. Has it returned the investment obviously not in financial terms even with being at a consultant level.

The reason,

“I dislike managment and won’t play politics”

Which is why my standing advice to especially femail enginers is,

“Get an MBA and learn to speak business so ‘the man above’ can understand you, then stick the knife in his back and use it as a rung on your ladder upwards”.

Thus the reason STEM even at graduate level is not realy of use is as I’ve said since the 1990’s most enployers want “pre trained in the tools they use”… So those in education get taught tools rather than fundemental foundation level knowledge.

And nobody asks the question,

“What happens when the tool/methodology goes out of fashion?”

As it usually does every decade or less…

If you’ve learnt the fundementals well than climbing down and up on tools is one heck of a lot easier than jumping from the peak of one tool to the next tool.

It’s why you see employers still poach and those that don’t jump from job to job, won’t get promoted, just the “new guy” becomes the team lead or higher…

But… As I’ve indicated my rapid rise was due to the type of memmory I had back then and my ability to read and assimilate information very rapidly. Having my head kicked into a street sign pole one morning not just broke my jaw at the point –supposadly the strongest part of the body– but scrambled my brains and I lost my ability to read and remember so had to start again on that…

But a question that people should ask,

“With LLM’s very likely to become a very powerfull research tool, what should we actually be learning other than the real fundementals?”

In short the way we teach STEM is going to have to change dramatically in the next year or two, otherwise it will fail all those who enter higher education.

But hey I’ve been warning about higher education since before this blog existed having seen both sides of it. That is having been taught in both colleges and Universities, and being employed in both as well at one point or another. When I needed to be paided to fundementally upscale my research and education in a new field of endevor.

However I’ve had a lot of people tell me I’m wrong, yet they rarely to never come back and appologise that they were wrong…

Leon Theremin April 21, 2023 10:29 AM

@Jonathan Wilson

Eric Schmidt, the former Google chairman, told Reuters in a recent interview that high-end processors should have kill-switches.

“Knowing where the chips go is probably a very good thing. You could for example, on every chip put in essentially a public private key pair, which authenticates it and allows it to work”.

hxxps://www.reuters.com/technology/chip-challenge-keeping-western-semiconductors-out-russian-weapons-2022-04-01/

What he won’t tell is that this is already a reality, as I learned after having my air-gapped system and Pixel phone wiped remotely for researching “silent speech interfaces” like this:

SpeakUp: Silent Speech Interface; Low Cost; Arduino; Machine Learning

Project Summary by Varun Chandrashekhar: “I have designed and developed a speech interfaced for the paralyzed, which they can use to communicate without speaking. This device detects speech-related electrical signals from the throat and converts them into letters or words that we recognize using machine learning models.”

SpeakUp – ML Based Speech Aid to Enable Silent Communication
hxxps://create.arduino.cc/projecthub/Varun_Chandrashekhar/speakup-ml-based-speech-aid-to-enable-silent-communication-ffd9f8

My comment about the project: easily replicable by anyone with computer science knowledge, different from what is being done with the silicon trojans in the 3G/4G/5G equipment only on it needing physical probes. Anyone doing research on this area be cautious of sabotage when using US designed CPUs (AMD/INTEL/QUALCOMM/APPLE/ARM), as the microcode, SMM and firmware of your system may be manipulated to mess up your computations. Ask your own Nation to stop trusting Silicon Valley and make your own silicon supply chain and tech services. Meanwhile, mitigate this situation by moving to an area away from any cell radio transmitter (check coverage on OpenCellID.org) and shielding yourself and your devices from electromagnetic eavesdropping and interference.

Anonymous Brit April 23, 2023 5:35 AM

@Clive Robinson

I suspect that it is widely known by now that the reason WHO a UN agency “fluffed the shelved” it’s C19 origins investigation was it’s desire for cash from China

That’s quite the simplistic view on the situation. Two superpowers are engaged in a diplomatic war, and the WHO refused to side with either of them, which the US didn’t take very well. Meanwhile, research on the origins of the virus is still ongoing.

In the UK at least the rules have been quietly changed and only those over 75 or those with certain diseases now qualify for boosters

Everyone qualifies for vaccine + 1 booster in the UK. Anyone immunocompromised and/or 75 and over can get a spring 2023 booster. The change hasn’t been to raise the age, but to include a spring booster at all. I bet that Autumn 2023’s boosters will be back for 50+.

Clive Robinson April 23, 2023 6:49 AM

@ Anonymous Brit

“That’s quite the simplistic view…”

Is it?

Do you actually know where WHO funding comes from… I suspect not.

Only a little over 15% comes from national governments that are part of the UN who are supposed to pay the lot. In reality the rest comes from those purchasing influance. Which includes quite a few Chinese companies that many claim –rightly or wrongly– are fronts or “Arms Length Associated Managment Organisations”(Alamos) for the Chinese Government.

As for,

“Two superpowers are engaged in a diplomatic war, and the WHO refused to side with either of them”

Again you appear to not be cognizant of what went on. The WHO did take sides even against it’s own scientists.

The problem at heart was the nonsense of,

“If not wet market then lab escape”

Was always compleate BS dreamed up by certain idiots in the US Executive and it’s backers to push a Faux narative to deliberately force confrontation for the political idiology of “MAGA”, which went on to give the Dec 37th issues, that became the basis for a fund raiser that in other circumstances would have been subject to fraud legislation.

As it is some of it will come out of the Dominion Slander Cases, of which Rupert “the bear faced liar” Murdoch has already coughed up a record breaking approximately 3/4billion USD to try and keep things “covered up”. I don’t think Rudy or Sydney have the money to buy their way out, so Electronic and other Discovery may well lift the corner of that rug.

As for,

“The change hasn’t been to raise the age, but to include a spring booster at all.”

You might want to reread that as it does not make sense…

As for,

“Everyone qualifies for vaccine + 1 booster in the UK.”

What you are calling the “+ 1 booster” is actually part of the initial vaccination requirments for mRNA and Adenovirus vacination according to the paperwork I’ve got. It’s the additional seasonal shots that are actually “boosters” and they all have increasing risk with the mRNA and Adenovirus shots as can bee seen in the public yellow card adverse reactions database. These boosters are not aimed at current varients they are aimed against now extinct variants of the virus. So the risk calculus has changed dramatically, because whilst they have significant down sides, they nolonger appear to have any upsides, except to the gross profit line of the Big Phama Corps involved and of course the US Gov in the case of the mRNA as it’s due to the work of a US Gov employee thus the US Gov gets a big slice of royalties.

You of course may disagree as that is still your choice at the moment.

But if the WHO gets it’s power grab motions approved then you will be guilty of a criminal offence if you disagre with WHO propaganda, and the “human rights charter” will get fed to the shredder…

Winter April 23, 2023 8:36 AM

@Clive
Re: “That’s quite the simplistic view…”

Is it?

Yes, it is simplistic.

“If not wet market then lab escape”
Was always compleate BS dreamed up by certain idiots in the US Executive …

Combined this with the Chinese denial of any responsibility at all, ie., the fact that these markets have stayed open even though they have been the cause of the earlier SARS I outbreak, and countless flue outbreaks. What you get is a diplomatic war inside the UN.

The WHO is not a controlling body and they do not have any legal power whatsoever.

These boosters are not aimed at current varients they are aimed against now extinct variants of the virus.

For the simple reason that the UK, nor anyone else is willing to pay the $B to develop and test a new version, also because by the time the new vaccine comes out, the current variants will be different.

So, Yes, it is simplistic.

JonKnowsNothing April 23, 2023 11:37 AM

@Winter, @Clive, All

re: by the time the new [mRNA] vaccine comes out, the current variants will be different.

Curious isn’t it, that this was exactly the raison d’être for granting fast pass to the mRNA vaccines in the first place, is that they COULD BE TWEAKED for all new variants.

Big Pharma banked on getting a monopoly with mRNA. They got it. Now they want to cash in on the monopoly by selling Old Snake Oil at $130 USD per jab.

The development of alternative vaccination types is down to Not Much at the Bottom of the Barrel.

1) Funding has all dried up. Governments are more interested in wars, which give immediate profits, than saving people who are going to die anyway.

2) SARS-CoV-2 is a tricky virus from a human viewpoint. It’s an excellent virus with lots of abilities to bypass everything we throw at it. The best treatments are still supportive treatments because well, the vaccine only “prevents serious hospitalization”, it doesn’t prevent transmission, infections, or reduce rates of mortality (except increasing the rate in the chosen age group).

3) It has loads of Economic Benefits which I’ve posted about (Bank of Mom & Dad) and this still runs the show, at least in the USA. Lots of folks are never going to collect a pension and loads of folks will be having their pensions End Early. No Pots or Pans banging in the USA.

4) There are 3 variants that I consider Of Interest.

  • a) The current global one of XBB.1.16 aka Arcturus, with Pink Eye symptoms
  • b) The XBC lineage that went extinct in 2021; now reactivated XBC1.1
  • c) The new Mink-Human spill-back B.1.1.307 which was also extinct

The current mRNA problem is that it targets the F-Spike, which changes too fast. There’s a lot of money riding on the Roulette Spike Wheel.

Attempts to block it though the Nasal Passage, doesn’t work well, and doesn’t help mouth-breathers.

The best results are those attempting to targeted post-infection cell replication. After the spike hooks into the cell and the virus folds over to inject its contents into the cell, to block the ability of the cell to do the virus’ replication. The downside is you have to be infected first.

We are back to convalescent plasma, and that was a disaster. It’s not likely to have any better outcomes, because now we know, how the virus can use this technique to incorporate evading genes from different lineages.

That last maybe moot, because the current variants have nearly all the evading mutations.

Big Pharma is happy. COVID is now a year round virus, with 4 big waves happening quarterly. Quarterly waves are triggered from our human holiday calendar, when spread and transmission and cross infections will be highest.

Winter April 23, 2023 12:05 PM

@JonKnowsNothing

Curious isn’t it, that this was exactly the raison d’être for granting fast pass to the mRNA vaccines in the first place, is that they COULD BE TWEAKED for all new variants.

Producing 4 billion or so shots does take a little time. Variants are changing by 6 months. There is also some time needed to test the new shots.

There is a difference between 2 years to produce a new vaccine, and 6 months. But that is still 6 months.

JonKnowsNothing April 23, 2023 4:31 PM

@Winter

re: Producing 4 billion or so shots does take a little time

I agree with your comment with the exception of “4 billion … takes time”.

It takes time, primarily because the Monopoly Vax Holders have. They retained all the legal, patent and pricing rights to their vaccine(s). They did not provide it Pro Bono for manufacture to WHO or countries that cannot afford $130/dose. They still do not.

It takes time primarily due to G R E E D. It’s not an uncommon problem but millions of lives were lost due to that factor. Many more will be lost for the same reason.

G R E E D maybe good for illiberal-libertarian-economies but it’s D E A D L Y for people.

===

Several companies planned to initially manufacture a vaccine at artificially low pricing, then increase prices for profitability later if annual vaccinations are needed and as countries build stock for future needs.

Although Moderna has stated that it will not seek enforcement of its patents during the pandemic, a patent waiver (voluntary or involuntary) would not force a vaccine manufacturer to disclose the complete knowledge (i.e., know-how) for making a vaccine, which is not found in patents.

The World Health Organization (WHO) has promoted the COVID-19 Technology Access Pool to facilitate disclosures, but participation is voluntary and none of the vaccine manufacturers have joined.

Without access to the original vaccine manufacturer’s know-how, reverse engineering the manufacturing process is difficult and expensive with no guarantee of success. Even if a third party succeeds, they must prove that fact to the satisfaction of regulatory authorities.

For small molecule drugs, proving bioequivalence of a generic drug to the original drug costs only about US$1 to $2 million; but for biologics, proving biosimilarity of a third-party product to the original product requires clinical trials, with costs ranging from US$100 to $250 million.

One financial analyst specializing in pharmaceuticals estimated that it would take a minimum of two years after patent waiver for the first independent reproductions of a COVID-19 vaccine to reach the market.

ht tps://en.wikipedia.or g/wiki/COVAX

ht tps://en.wikipedia.or g/wiki/COVID-19_vaccine#Society_and_culture

ht tps://en.wikipedia.or g/wiki/Deployment_of_COVID-19_vaccines

ht tps://en.wikipedia.or g/wiki/COVID-19_vaccine#Access

(url fractured)

Winter April 24, 2023 1:11 AM

@JonKnowsNothing

It takes time, primarily because the Monopoly Vax Holders have.

I agree about the deadly patent regimes.

However, there is a simple production capacity issue. Producing safe drugs is horribly difficult and expensive. Many patent free components are produced by only one or two factories in the world.

Too Much Light Makes the Baby Go Blind April 24, 2023 7:33 PM

There’s nothing wrong with reinforcing peace pacts.
Those complaining about the success are marking themselves as malicious suspects.

Peace and goodwill.

Clive Robinson April 24, 2023 9:18 PM

@ Winter, JonKnowsNothing,

“However, there is a simple production capacity issue. Producing safe drugs is horribly difficult and expensive.”

Whilst that is to a certain extebt true, it’s not helped by over a 1/4 of the numbers you are talking about get put down the drain as it were,

“The proposals lay out in detail the EU’s plans on making countermeasures available largely focused on prevailing policy options deployed during COVID-19 that many argue did not effectively address scarcity of medical products and worsened inequities. More than a billion doses of COVID-19 vaccines have been destroyed globally, even as millions continue to remain unvaccinated around the world.”

Note the “more than a billion” destroyed…

The question is not just “Why?” but “Who benifited?”…

JonKnowsNothing April 25, 2023 3:09 AM

@Winter, @Clive, All

re: Many patent free components are produced by only one or two factories in the world.

In the USA we call this the Orphan Drug problem. It often follows the ending of patent exclusions when the drug can be made royalty free as a generic. As long as Big Pharma makes Big Bucks, they continue to make the drug. Once their extraordinary profit margin ends, they stop. The drug becomes an Orphan Drug, as you noted, because only a generic drug producer can make it and the profit is low/lower.

Some drugs cost pennies to make and are sold for hundreds of dollars. Once that patent expires the cost of the drug falls to tens of dollars.

Except, in the recent cases where Small Pharma Bros realized they were the only source for that generic drug. No one else picked it up and there would be a substantial delay before another company could come on line. In this case they jacked the price thousands of percentage higher.

In early years, generics were expected to be cheaper than Brand Named drugs. Now they can be enormously expensive if there isn’t any competition.

Zho,

  • In the beginning, drug companies get a monopoly on their drug.
  • At the end, drug companies also want to be a monopoly for the generic drug.
  • Conditions for which a monopoly does not exist and were the number of people that have that condition is relatively small, no one wants to make it.
  • Then there’s the problem of National Origin. There are some places embargoed. It doesn’t matter if the drug is good and effective, it only matters you cannot get it due to Other Concerns that are Not Medical. This drives tourism to Canada and Mexico. If you have more funds you take your vacation in places like Italy and France. Just be sure you are not bending any rules going, during and returning or you might get an extended vacation because while it maybe legal here, it may not be legal there.

The connect the dots picture is: Follow The Money

Clive Robinson April 25, 2023 6:31 AM

@ JonKnowsNothing, ALL,

Re : End of patent is not ebd of profit.

“Once that patent expires the cost of the drug falls to tens of dollars.”

If only…

There are various tricks that are legaly granted in the US that extend the profit well beyond the end of patent.

But worse is “traditional drugs” such as Colchicine from the Autumn Crocus. Used for over three and a half millennium and as it’s the only effective drug for gout and for use in certain other ailments such as pericarditis. It costs only one or two cents per tablet in most of the world, and usually only 12 tablets are prescribed for gout (due to narrow range and potential risk). So there was no profit in individual prescriptions, even though the US has around a million each year.

As it is a drug that “pre-dates” current US FDA testing like a couple of hundred other drugs in common use it was in a vulnerable state under US legislation.

As you can not get a patent on such medications, the FDA has come up with a highly profitable wheeze the “Unapproved Drugs Initiative” under the provisions of the Hatch-Waxman Act that benifits not just “Big Pama” but the FDA themselves.

I won’t give links again, because they’ve caused previous problems but just searching on the drug name and FDA should bring up the likes of “URL Pharma” and the over 2000 markup, with “Takeda Pharmaceutical Co.” taking over URL Pharma and raising the mark up significantly again with what is estimated as a highly profitable 1,200,000,000USD off of those million or so 12 tablet prescriptions… Then there are the lawsuits which always appear around such gross profiteering. Even Wikipedia has links of interest in the history section of it’s page on the drug.

Apparently according to some sources the US FDA got 45,000,000USD out of this one licence alone… However the cost to the US Government medical schemes was over 50,000,000 and rising… So over all a very bad idea for the US Tax payer, as well as patients and those that pay the medical bills in the various US Health Care “hold their feet to the fire” schemes…

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Sidebar photo of Bruce Schneier by Joe MacInnis.