The Iron Hand in the Velvet Glove
<center><h2><b>SUPER N█NT█ND█ ENFORCEMENT SIM RPG!</b></h2></center>
[[>>|1]]Here's the story so far:
For years, N█nt█nd█ has been investigating the progress of various hacking groups and sharing this information with N█nt█nd█ Co., Ltd. (“NCL”) engineers.
[[>>|2]]In January 2013, the N█nt█nd█ of America Anti-Piracy Team (NOA APT) presented N█nt█nd█ Co., Ltd. (“NCL”) with an investigative report and recommendations for addressing one of the most highly regarded 3BX hackers, ███████████████ (“███████”) of █████████.
Since then, the Team has collected and shared key intelligence and data regarding ███████’s hacking progress with N█nt█nd█ Europe Research & Development (“NERD”) and NCL engineers.
[[>>|3]]NCL has implemented software updates (NUP), which have addressed many of these exploits.
[[>>|4]]The APT has also conducted deeper investigations of ███████’s online and daily activities.
[[>>|5]]So, Agent! Are you a bad enough Trusted Internet Investigator to conduct a "Knock-and-Talk" with ███████ (henceforth known as "The Subject")?
[[Yes! Of course!|6]]All right! Here is the relevant background on the situation:
N█nt█nd█ has been monitoring the Internet for 3BX hacking attempts since the 3BX launch in March 2011. NOA APT uses Internet Crimes Group, Inc. (“ICG”) to observe hacker communications and to record pertinent information regarding hacker exploits. The Subject has made the most significant progress in hacking the 3BX:
[[>>|7]]<b>The Subject claims full control of 3BX in kernel mode (ARM9 and ARM11).</b>
[[>>|8]]<b>The Subject achieved this exploit via manipulation of a specific 3BX game card (unknown game).</b>
[[>>|9]]<b>The Subject uses a custom field programmable array (FPGA engineering device) to interact with the 3BX memory bus and learn 3BX operation to find and test the exploit.</b>
[[>>|10]]<b>The exploit involves a corrupted SD card save file used in conjunction with the specific 3BX game card.</b>
[[>>|11]]The Subject has not released the exploit yet, as he believes N█nt█nd█ could quickly fix it via NUP. However, his and the group’s knowledge of 3BX is expanding each day; therefore, urgent action is recommended before any public release of their exploit(s).
[[>>|12]]The Subject is the primary target for the following reasons:
[[>>|13]]<b>He has been involved in BX and BXi hacking.</b>
[[>>|14]]<b>He enjoys a very high reputation within the hacker scene, for N█nt█nd█ products.</b>
[[>>|15]]<b>He is a highly skilled hardware engineer.</b>
[[>>|16]]You will receive backup from our Knock-and-Talk ("KT") team throughout the operation, which includes:
N█nt█nd█: NERD – 1 or 2 (Manager, Engineer); NOA – 1 (Counsel)
Local Counsel: 1
Local Investigator (law enforcement background): 1
We're sending you in alone so as not to overwhelm the subject, but we will always be available nearby or by telephone.
[[LOAD SUBJECT FILE|17]]**Subject: ███████**
**Expert Computer Programmer / Hardware Architect.**
Current Employment: Recipient of Governmental Grant (**12,000. Euros**) for entrepreneurial work in computer science and the arts.
He has an office in a well-established and secured business office park.
Award-Winning University thesis project.
University graduate with Master of Informatics – Specialty in Hardware Architecture.
26 year old male living with parents in ██████████████████, ████████.
Typical week includes work 9am-5pm Monday through Thursday.
Evenings and weekends are primarily spent at home.
Surveillance didn’t reveal any friends or visitors entering or leaving the residence.
Only additional activity included a trip to the bank and a restaurant (alone).
**Monday April 15, 2013:**
**10 AM:** Team assembles at local hotel to discuss and finalize plans.
Based on The Subject's activities and schedule for the past week, we've decided to approach him after he gets home from work today. Based on the various ways the situation could go, we've developed a variety of alternate plans and locations that we could shift the negotiations towards. All you really have to do is approach and report back to us.
**6:30 PM:** Ok! We got the tip from the Local Investigator that The Subject has arrived home now. You can approach.
[[>>|20]]This first sequence of events and conversation normally happens very rapidly:
[[>>|21]]<b>You will approach The Subject in a friendly, non-threatening, professional, and courteous manner. Make introductions. Provide a business card.</b>
[[>>|22]]<b>You will engage The Subject in conversation. Acknowledge his engineering/programming aptitude; cite his stated intention of not facilitating piracy, and relate N█nt█nd█’s concerns that his release of a hack could do exactly that.</b>
[[>>|23]]<b>You will state our sincere interest in coming to some sort of mutually acceptable agreement with The Subject to discontinue hacking of N█nt█nd█ systems/products as opposed to pursuing a criminal referral. Draft complaint may or may not be shown to The Subject at this point (to demonstrate severity and seriousness of the matter) depending on his demeanor, reaction, and perceived interest in engaging in discussion.</b>
<br>[[Show The Subject the full complaint.|23.1]]
<br>[[Better not.|24]]**Strongest claims available to N█nt█nd█ under Local Criminal Code provisions include:**
1. (Attempt) of External Hacking.
2. Reusing of Data or Damage to the Computer System or Data.
3. Owning and Production of ‘Hacker Tools”.
4. Concealment of Data Obtained through Hacking.
5. (Attempt of) Data or System Sabotage.
6. Owning and Production of Tools for System Sabotage.
7. Circumvention of Technological Protection Measures.
[[>>|23.2]]<b>If N█nt█nd█ files as a civil (damaged) party to the criminal proceeding, this allows N█nt█nd█ access to the case file, updates, defense counsel comments, etc.</b>
Emphasize our interest in further discussion with The Subject regarding what could represent an opportunity for both him and N█nt█nd█, but that in order to go into detail we would like to talk wherever he is comfortable (residence or location of his choice) and that we would first need to enter into a simple Non-Disclosure Agreement (NDA attached) in order to share ideas.
<br>[[Show The Subject the NDA.|24.1]]
<br>[[Better not.|25]]<b>Prosecutors may be positively influenced by N█nt█nd█’s passion for enforcing its Intellectual Property Rights, and consider the case more seriously.</b>
[[>>|23.4]]<b>A criminal indictment carries with it a heightened sense of seriousness, stigma, and attention that The Subject would likely want to avoid.</b>
[[>>|23.5]]**The Subject may worry that a criminal prosecution could negatively impact his relations with the local government that awarded him the grant (for young science and arts entrepreneurs).**
[[>>|24]]N█nt█nd█ can refrain from filing a criminal complaint, and (at NCL’s and NERD’s discretion) may offer to enter into a “Bounty” contract with The Subject.
[[>>|24.2]]**6:40 PM:** The Subject discontinues conversation, retreats.
*It's funny, there's no contingency plan for, like, if they are immediately OK with you randomly showing up at their house, which I guess never happens.*
[[>>|26]]<b>N█nt█nd█ awards The Subject with payment in exchange for finding and documenting reproducible exploits and possible patches, known or potential security weaknesses, hackers’ practices, strengths, etc. This scenario would represent very low risk while potentially providing high benefits for N█nt█nd█.</b>
[[>>|24.3]]<b>Within the parameters of the NDA and in a N█nt█nd█-approved statement, The Subject may also announce his success in finding exploits or vulnerabilities, after N█nt█nd█ feels that the exploits have been fixed. “Bragging rights” are a key motivating factor for most hackers - perhaps as valuable as the “bounty” reward because of the boost to his reputation.</b>
[[>>|24.4]]<b>As a complement, depending on the hacker’s personal interests, possible gaming background or as a “N█nt█nd█ fan”, unique/rare hardware items not sold on the market may be of great value to the hacker. For example, engineering samples/prototypes, or devices with unique casing colors/design might be of interest.</b>
[[>>|24.5]]<b>N█nt█nd█ may work with The Subject to offer a “bounty” to any other prospective hackers via his own contacts, or at other events.</b>
[[>>|24.6]]**If successful, N█nt█nd█’s public image may be further bolstered as a modern, tech-savvy company, while hinting that hackers should be cooperative rather than aggressive with N█nt█nd█ in the future.**
[[>>|25]]We reiterate our interest in discussions with The Subject, but advise him of a 12-hour window of opportunity during which he should contact the number provided initially if he wishes to discuss and avoid legal action.
[[>>|27]]Now, The Team assembles back at the hotel to review and discuss the events and to await any call from The Subject.
[[>>|28]]You are put on full alert to detect any online discussion by The Subject of The Event, though we already recommend against any PR response – “no comment” if any online statements are made.
[[The Subject does not make contact by the deadline.]]<br>
[[The Subject makes contact by the deadline.]]**Tuesday April 16, 2013**
**9:00AM:** The Subject fails to contact N█nt█nd█
[[Attempt to call The Subject.]]**10:00 PM:** The Subject contacts N█nt█nd█ with interest in continuing a dialogue; arrange to meet following morning at hotel conference room or other acceptable location.
[[>>|end.3]]It's okay. Really. It doesn't always work out, that's the whole point of making plans like this.
We'll advise Counsel to file criminal legal action or that N█nt█nd█ will consider further before doing so and follow up with Counsel in the near term.
We're already prepared with a reactive PR statement and internal Q&As should N█nt█nd█ proceed with criminal referral.
[[>>|end.4]]This is just a simulation, of course. The dates are all wrong and it doesn't really matter what choices you make, or rather, that The Subject makes. The whole point is the planning.
[[>>|ending.2]]Almost all of the text in this Twine game is from an actual document that leaked, depicting a certain friendly-faced IP landlord's approach to one of many hackers, fan projects and archive sites they've taken legal action against.
[[>>|ending.3]]*When I read it, it stuck me as really bizarre. It was almost like a Twine game in structure. And isn't that how a lot of corporate communications function, from call center scripts to contingency planning to trading algorithms? Speculation is a sort of reflexive playing possible futures, it's also the subjective position a videogame touting its opportunities for "agency," "choice," or "freedom" is asking you to inhabit, to imagine yourself in, to aspire towards and expect to exercise. The secret is that we're only ever doing so on their terms, of course.*
[[>>|ending.4]]**Wednesday or Thursday April 17th/18th, 2013 (depending on travel)**
NOA to provide NCL with a report detailing the Knock-and-Talk with a summary of events, discussions, key learnings, and proposed next steps.
[[>>|ending.1]]Regardless, the Final Recommendations of the document remain the same:
[[>>|ending.5]]<b>NOA recommends initiating the Knock-and-Talk in the next 6 weeks during which time:</b>
[[>>|ending.6]]<b>NOA will closely collaborate with NERD in preparation for the discussion with The Subject and refine the “Carrots” if necessary.</b>
[[>>|ending.7]]<b>NOA will update NCL of any changes in intelligence/evidence which in NOA/ Nerd’s opinion could materially alter the outcome of the Knock-and-Talk, negatively impact PR, or otherwise result in negative repercussions for N█nt█nd█.</b>
[[>>|ending.8]]<b>NOA to finalize draft “Bounty” employment contract with NERD and local counsel for NCL’s review.</b>
[[>>|ending.9]]<b>NOA to continue Online and physical investigation to monitor activity and prepare for Knock-and-Talk discussion.</b>
<center><h1>The Iron Hand in the Velvet Glove</h1><br>
**Tuesday April 16, 2013
10:00 AM:** The Subject and Team meet to discuss “carrots” in more detail
[[The Subject refuses to agree to an arrangement at this time.]]<br>
[[The Subject agrees to an arrangement.]]<br><br><br><a href="https://emreed.net/">Emilie Reed</a>, December 2020<br><br>
Made in <a href="http://www.twinery.org/">Twine</a> using M.C. DeMarco's <a href="http://www.mcdemarco.net/tools/scree/paloma/">Paloma</a> format.<br><br>
Full details of the leaked "Knock-and-Talk" strategy <a href="https://torrentfreak.com/nintendo-conducted-invasive-surveillance-operation-against-homebrew-hacker-201223/">here</a>.<br><br>
<a href="https://fotocopiadora.itch.io/videopulp">VIDEOPULP: Super Carty's Dread</a> by Mariken S. and Fotocopiadora<br>
<a href="https://vimeo.com/107538371">Click Me</a> by Stephanie Boluk, Patrick LeMieux, and Daniel Tankersley<br>
<a href="https://www.corporatefuturenightmare.world/2018/01/05/super-plumber-odysseus/">Super Plumber Odysseus</a> by Brendan Vance<br><br>
<center><a onClick="window.location.reload()">THANKS FOR PLAYING</a></center><br><br><br><b>The Subject refuses to immediately execute settlement agreement based on the above (e.g. to cease hacking, continue discussion); requests time to consider.</b>
[[>>|refuse.1]]At this point, the team will have an in-depth discussion of potential collaborative efforts and initial suggestion of a “Bounty” program.
[[The Subject signs the contract.|agree.1]]<br>
[[The Subject agrees in principle, but...|but.1]]
<b>N█nt█nd█ emphasizes importance of confidentiality of discussions, encourages The Subject to decide to communicate with N█nt█nd█ within certain time period regarding his intentions (e.g. 1 week).</b>
[[>>|refuse.2]]<b>N█nt█nd█ continues to monitor Internet for any release of information regarding the visit, publication via various blogs, pirate web sites, gamer media, etc.</b>
[[>>|end.4]]<b>The Subject agrees to discontinue hacking activity aimed at N█nt█nd█ and is receptive to discussion on details of collaborative relationship.</b>
[[>>|agree.2]]<b>The Subject agrees in principle to discontinue hacking activity aimed at N█nt█nd█, however further discussion on details of collaborative relationship required at later date (e.g. following week). Contract to be executed at later date.</b>
[[>>|but.2]]<b>The Subject executes settlement agreement based on the above (e.g. cease hacking).</b>
[[>>|agree.3]]<b>The Subject and team discuss and arrive at a mutually acceptable initial plan for services in exchange for some reward or payment. N█nt█nd█ and Local Counsel to finalize contract for the parties’ execution, pending NCL’s guidance and approval.</b>
[[>>|end.4]]<b>The Subject executes settlement agreement based on the above (e.g. cease hacking, continue discussion).</b>