cropped-wst-logo-main[3 December update: Here is a video of the panel.]

So I was on a panel at WebScience@10 in London (@WebScienceTrust, #WebSci10), where the first question asked was, “What are two aspects of ‘trust and the Web’ that you think are most relevant/important at the moment?” My answer went something like this::::

1) The Net is young, and the Web with it.

Both were born in their current forms on 30 April 1995, when the NSFnet backed off on its forbidding commercial traffic on its pipes. This opened the whole Net to absolutely everything, exactly when the graphical Web browser became fully useful.

Twenty-one years in the history of a world is nothing. We’re still just getting started here.

2) The Internet, like nature, did not come with privacy. And privacy is personal. We need to start there.

We arrived naked in this new world, and — like Adam and Eve — still don’t have clothing and shelter.

The browser should have been a private tool in the first place, but it wasn’t; and it won’t be, so long as we leave improving it mostly up to companies with more interest in violating our privacy than providing it.

Just 21 years into this new world, we still need our own clothing, shelter, vehicles and private spaces. Browsers included. We will only get privacy if our tools provide it as a simple fact.

We also need to be the first parties, rather than the second ones, in our social and business agreements. In other words, others need to accept our terms, rather than vice versa. As first parties, we are independent. As second parties, we are dependent. Simple as that. Without independence, without agency, without the ability to initiate, without the ability to obtain agreement on our own terms, it’s all just more of the same old industrial model.

In the physical world, our independence earns respect, and that’s what we give to others as a matter of course. Without that respect, we don’t have civilization. This is why the Web we have today is still largely uncivilized.

We can only civilize the Net and the Web by inventing digital clothing and doors for people, and by providing standard agreements private individuals can assert in their dealings with others.

Inventing yet another wannabe unicorn to provide “privacy as a service” won’t do it. Nor will regulating the likes of Facebook and Google, or expecting them to become interested in building protections, when their businesses depend on the absence of those protections.

Fortunately, work has begun on personal privacy tools, and agreements we can each assert. And we can talk about those.

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This is a second draft of this post, corrected by Denise Howell’s comment below. Key facts: I am not a lawyer. She is. Good one, too. So take heed (as I just did). And read on.

nouber

Uber has new terms for you:

User Provided Content.

Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

The emphasis is mine. Interesting legal hack there: you own your data, but you license it to them, on terms that grant you nothing and grant them everything.

Talk about a deal breaker. Wow. (Except it’s also the old deal.)

Here’s the prior (and still current) version.

The new one goes into effect on 21 November. As I read that (when I wrote the first draft of this post), they have sale on personal data pending until that time.

For what it’s worth (nothing, given the above), here’s Uber’s privacy policy.

Meanwhile, here are Lyft’s terms:  Its privacy policy is on the same page, but here’s a direct link.

At the very least, Lyft should make hay on this, if they actually do have an advantage in the degree to which they protect privacy. (Denise, below, says they don’t. But hey, maybe they could if they wanted to compete on privacy.)

Here’s what matters (and remains unchanged from Denise’s corrections):::

We need our own terms. Meaning each of us should be the first party in agreements with service providers, not the second. Meaning they need to agree to our terms.

That’s Customer Commons’ reason for being. Just as Creative Commons is where you will find copyright terms you can assert as an artist, Customer Commons will be where you will find service terms you can assert as a customer.

With the wind of new .eu and .au  privacy laws (e.g. the EU’s GDPR) at our backs, we stand a good chance of making this happen.

The question is how we can get some mojo behind it. Thoughts welcome. Shoulders to the wheel as well.

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Loving Leonard

leonard

I was as deeply affected by learning Leonard Cohen died as I was by the election results. Maybe more. I can’t name an artist whose songs mean more to me than his. Not Dylan, not (I’m thinking…) anybody. (Here’s how he lifted me one time when I was sick a few years ago.)

Through the soundtrack of my life, nobody else taught more about how to be a man, a lover, and a human being with one foot in the temporary world and the other in eternity.

A couple weeks ago, I was driving to the Peets on Upper State Street in Santa Barbara when some station on the radio played the title song of Leonard’s new album, You Want It Darker.

I didn’t make it all the way. Had to pull over. There was no way I could listen and keep driving. It was too deep, too right. I had never heard it before, and it demanded full attention. Still does. The lyric begins,

If you are the dealer, I’m out of the game
If you are the healer, it means I’m broken and lame
If thine is the glory then mine must be the shame
You want it darker
We kill the flame

Magnified, sanctified, be thy holy name
Vilified, crucified, in the human frame
A million candles burning for the help that never came
You want it darker

Hineni, hineni
I’m ready, my lord

And he was.

I heard today, somewhere in the links below, that he recorded that final album in his Los Angeles apartment, on what turned out to be his death bed.

Please listen to audio links. Leonard’s voice was so deep and worn; and his humor was, if anything, sharper than ever, right to the end.

Having so much of his music in my life makes me miss him more, not less.

Etc:::

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Nearly all the ads I see on Facebook are fake news items like these two, next to Mark Zuckerberg’s latest post, which is, ironically, about fake news:

screen-shot-2016-11-12-at-7-57-34-pmBesides being false and misleading clickbait, these ads are not from espn.com. They’re from http://espn.com-magazines.online. They are also bait for a topic switch, since they’re actually about a diet supplement I won’t flatter by naming. So they’re two kinds of fraud at once: outright lies from a forged source.

It can’t be that hard for Facebook not to run this kind of obviously dishonest and misleading advertising, especially since this story itself is old news. (See here.) Why hasn’t it been stopped?

I’m guessing the answer is a technical one: that Facebook’s advertising system is too easy a hack for dishonest advertisers to resist, and too hard to change.

Either that, or the money they make from ad fraud more than offsets the cost of egg on their CEO’s face.

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stethoasclepiusEconomically speaking, the American health care system is not built for patients, because patients aren’t the ones paying for it directly. Insurance companies are.

See, health care in the U.S. is mostly a B2B business. It is only B2C where insurance doesn’t cover expenses to the patient. And even then, insurance still often pays for it when patients can’t, don’t or both.

Over the decades, the U.S. health care industry has matured, so to speak, into an interlocked cabal of insurance companies, kieretsus of hardware, software and service providers, and captive regulators of both.

And because the system is mostly disconnected from the controlling effects of direct accountability to patients, costs and inefficiencies within the system have grown out of control. To say the least of it.

It is therefore a mistake to assume that patient involvement in the system is “consumerism” in either of its common meanings: 1) acquisition of goods and services in ever-increasing amounts, or 2) The protection or promotion of the interests of consumers.

We tend to make this mistake whenever we conflate customers and consumers in contexts where their roles are separate and distinct. We do this most commonly in businesses that offer B2C services paid for in a B2B way. The split between the two is real, but treated as if it is not. Thus we have companies going on about how much they care about their consumers, users or patients, when those persons have no direct economic influence over what they get from those companies.

Companies with internal splits between their customers and consumers tend to be blind to what it’s consumers actually want or need — or can bring to the market’s table on their own — because money comes from somewhere else.

I’ve seen this for decades in commercial broadcasting, and with publishers whose primary customers are advertisers rather than those who “consume” what is now called “content” (as if it were nothing more than container cargo), even if those consumers in some cases (such as with newspapers and magazines) are paying subscribers. The primary customers are still advertisers and their agents.

I’m seeing it today in the cabal of perpetrators and beneficiaries of the four dimensional shell game that online advertising has become. This is why its members, all B2B businesses, miss the clear signal “users,” “consumers” and “the audience” are sending with ad blocking and tracking protection.

The only way we can begin to fix the U.S. health care system is by making patients as powerful and engaging as they would be if they were full-fledged customers of the care they receive, rather than mere consumers of services. And this can only begin with better ways for each of us to take control of our own health care data (which is valuable to those services), and how it is used by services mostly paid for by others.

The best approach I have seen so far to this challenge is HIE of One, a project of two MDs, Adrian Gropper and Michael Chen. HIE stands for Health Information Exchange, which Adrian and Michael describe as “a patient-centered health record based on the FHIR and HEART interoperability standards.”

Here is the main reason I like its chances: it is based on open source code already in development. This means many developers can step in and help raise its barn, for all of us.

If you’re a developer, and you care about the health of your self, your friends and family, and the human species, I highly recommend stepping up and stepping in. I can’t think of any #VRM project with more leverage on the good of the world—as well as one country’s most essential yet fucked-up service economy.

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Ingeyes Google Has Quietly Dropped Ban on Personally Identifiable Web Tracking, @JuliaAngwin and @ProPublica unpack what the subhead says well already: “Google is the latest tech company to drop the longstanding wall between anonymous online ad tracking and user’s names.”

So here’s a message from humanity to Google and all the other spy organizations in the surveillance economy: Tracking is no less an invasion of privacy in apps and browsers than it is in homes, cars, purses, pants and wallets.

That’s because our apps and browsers, like the devices on which we use them, are personal and private. Simple as that. (HT to @Apple for digging that fact.)

To help the online advertising business understand what ought to be obvious (but isn’t yet), let’s clear up some misconceptions:

  1. Tracking people without their clear and conscious permission is wrong. (Meaning The Castle Doctrine should apply online no less than it does in the physical world.)
  2. Assuming that using a browser or an app constitutes some kind of “deal” to allow tracking is wrong. (Meaning implied consent is not the real thing. See The Tradeoff Fallacy: How Marketers Are Misrepresenting American Consumers and Opening Them Up to Exploitation, by Joseph Turow, Ph.D. and the Annenberg School for Communication at the University of Pennsylvania.)
  3. Claiming that advertising funds the “free” Internet is wrong. (The Net has been free for the duration. Had it been left up to the billing companies of the world, we never would have had it, and they never would have made their $trillions on it. More at New Clues.)

What’s right is civilization, which relies on manners. Advertisers, their agencies and publishers haven’t learned manners yet.

But they will.

At the very least, regulations will force companies harvesting personal data to obey those they harvest it from, with fines for not obeying. Toward that end, Europe’s General Data Protection Regulation already has compliance offices at large corporations shaking in their boots, for good reason: “a fine up to 20,000,000 EUR, or in the case of an undertaking, up to 4% of the total worldwide annual turnover of the preceding financial year, whichever is higher (Article 83, Paragraph 5 & 6).” Those come into force in 2018. Stay tuned.

Companies harvesting personal data also shouldn’t be surprised to find themselves re-classified as fiduciaries, no less responsible than accountants, brokers and doctors for confidentiality on behalf of the people they collect data from. (Thank you, professors Balkin and Zittrain, for that legal and rhetorical hack. Brilliant, and well done. Or begun.)

The only way to fully fix publishing, advertising and surveillance-corrupted business in general is to equip individuals with terms they can assert in dealing with others online — and to do it at scale. Meaning we need terms that work the same way across all the companies we deal with. That’s why Customer Commons and Kantara are working on exactly those terms. For starters. And these will be our terms — not separate and different ones that live at each company we deal with. Those aren’t working now, and never will work, because they can’t. And they can’t because when you have to deal with as many different terms as there are parties supplying them, the problem becomes unmanageable, and you get screwed. That’s why —

There’s a new sheriff on the Net, and it’s the individual. Who isn’t a “user,” by the way. Or a “consumer.” With new terms of our own, we’re the first party. The companies we deal with are second parties. Meaning that they are the users, and the consumers, of our legal “content.” And they’ll like it too, because we actually want to do good business with good companies, and are glad to make deals that work for both parties. Those include expressions of true loyalty, rather than the coerced kind we get from every “loyalty” card we carry in our purses and wallets.

When we are the first parties, we also get scale. Imagine changing your terms, your contact info, or your last name, for every company you deal with — and doing that in one move. That can only happen when you are the first party.

So here’s a call to action.

If you want to help blow up the surveillance economy by helping develop much better ways for demand and supply to deal with each other, show up next week at the Computer History Museum for VRM Day and the Internet Identity Workshop, where there are plenty of people already on the case.

Then follow the work that comes out of both — as if your life depends on it. Because it does.

And so does the economy that will grow atop true privacy online and the freedoms it supports. Both are a helluva lot more leveraged than the ill-gotten data gains harvested by the Lumascape doing unwelcome surveillance.

Bonus links:

  1. All the great research Julia Angwin & Pro Publica have been doing on a problem that data harvesting companies have been causing and can’t fix alone, even with government help. That’s why we’re doing the work I just described.
  2. What Facebook Knows About You Can Matter Offline, an OnPoint podcast featuring Julia, Cathy O’Neill and Ashkan Soltani.
  3. Everything by Shoshana Zuboff. From her home page: “’I’ve dedicated this part of my life to understanding and conceptualizing the transition to an information civilization. Will we be the masters of information, or will we be its slaves? There’s a lot of work to be done, if we are to build bridges to the kind of future that we can call “home.” My new book on this subject, Master or Slave? The Fight for the Soul of Our Information Civilization, will be published by Public Affairs in the U.S. and Eichborn in Germany in 2017.” Can’t wait.
  4. Don Marti’s good thinking and work with Aloodo and other fine hacks.

I just unsubscribed from Staples mailings, and got this:

screen-shot-2016-09-28-at-3-08-35-pm

WTF? Is the request traveling by boat somewhere? Does it need to be aged before it works?

We have computers now. We’re on the Internet. There is no reason why unsubscribing from anything should take longer than now.

Staples is not alone at this, by the way.. Many unsubscriptions are followed by promises to complete over some number of days. I don’t know why companies do that, but it smacks of marketing BS.

If you’re listening, Staples, give me a good reason. I am curious.

For what it’s worth, I unsubscribed because approximately all the mailings I get from Staples (and everybody else) are uninteresting to me. Un-cluttering my mailbox is far more valuable than getting bargains (e.g. “$220 off select laptops and desktops” and “UNBEATABLE Ink & Toner Prices”) I’ll never bother with.

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hillary1I didn’t watch Monday’s debate between Donald Trump and Hillary Clinton. I listened to it, while I live blogged what I heard in a window on top of it. This was after getting up in the middle of the night at an AirBnB with terrible wi-fi in the middle of London.

While Hillary scored some strong hits toward the end of the debate, I thought Trump sounded stronger, with many more quotable one-liners. So I gave the debate to him, much as I hated to. (Put me in the #NeverTrump column.)

But in the morning everybody was giving the debate to Hillary. What did I miss?

In a word: the video. When I watched some clips, it was clear that Hillary was winning, big time. Trump looked rude and buffoonish, while Hillary did something wonderful: every so often she looked into the camera as if into a friend’s eyes, and smiled while Trump mansplained away, looking like the jerk he is.

In other words, she used video better than Trump did. And I missed it.

Not next time.

By the way, I was thirteen when the first televised debate, between Nixon and Kennedy, ran on TV. In that one too, Kennedy simply looked better. (While, as the comment below says, Nixon sounded better.)

Bonus link.

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Turing wins again

screen-shot-2016-09-14-at-7-46-59-pm

Chevrolet asks, at FindNewRoads.com.

It continues, “Choose your account and IBM Watson will analyze your latest posts to find out and give you a glimpse into your social personality.”

I chose Twitter.

After looking at my tweets, which now number 11,100, it concluded,

You are shrewd and somewhat inconsiderate.

You are solemn: you are generally serious and do not joke much. You are philosophical: you are open to and intrigued by new ideas and love to explore them. And you are authority-challenging: you prefer to challenge authority and traditional values to help bring about positive changes.

You are motivated to seek out experiences that provide a strong feeling of efficiency.

You are relatively unconcerned with both tradition and helping others. You care more about making your own path than following what others have done. And you think people can handle their own business without interference.

Then it adds,

screen-shot-2016-09-14-at-7-51-59-pm

And goes on…

screen-shot-2016-09-14-at-7-53-38-pm

Below that is a Yes/No question. I said No. Inconsiderate of me, I guess.

Anyway, it gets a few things right, but a lot very wrong.

But hell, it’s just a machine. Good at chess and Go, but not at being human.

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applebutton1The headline above came to me this morning after reading Walt Mossberg’s latest, titled The post-Jobs Apple has soared financially, but lacks a breakthrough product.

Because the main things Apple makes are extensions of ourselves. That’s what our phones and laptops have become. They are things we almost wear, like our clothing.

Is it just coincidental that Apple Stores inhabit shopping districts also populated by upscale clothing retailers? Or that Angela Ahrendts, who runs those stores, came to the company from Burberry? Or that its Watch, sold as what the fashion business calls an accessory, clearly matters far more to the company than what we used to call “peripherals” (screens, printers, drives, etc.) and that Apple hardly seems to care at all about the latter?

And is it coincidental that Apple has lately clarified how it differs from nearly every other tech company by caring almost absolutely about personal privacy?

Apple’s Jobsian obsession with design (and, one might say, fashion), while interesting, also misdirects attention away from the company’s deeper focus on enlarging its customers’ capacities in the world.

Dig this: Apple cares so much about the bodies using its products that Tim Cook recently said this to Rick Tetzeli of FastCompany: “When you look at most of the solutions, whether it’s devices, or things coming up out of Big Pharma, first and foremost, they are done to get the reimbursement [from an insurance provider]. Not thinking about what helps the patient. So if you don’t care about reimbursement, which we have the privilege of doing, that may even make the smartphone market look small.”

With all that in mind, it’s easy to understand why Apple’s product lineup looks stale. Shirts, skirts and hats are stale too. They’ve also been around for thousands of years, and we’ll never stop wearing them.

It took me a long time to come to this realization. Here’s what I wrote in Apple Rot, a post here in January 2013, and repeated in Proof that Steve Jobs is dead, posted May 2014:

…look at what Apple’s got:

  • The iPhone 5 is a stretched iPhone 4s, which is an iPhone 4 with sprinkles. The 4 came out almost 3 years ago. No Androids are as slick as the iPhone, but dozens of them have appealing features the iPhone lacks. And they come from lots of different companies, rather than just one.

  • The only things new about the iPad are the retina screen (amazing, but no longer unique) and the Mini, which should have come out years earlier and lacks a retina screen.

  • Apple’s computer line is a study in incrementalism. There is little new to the laptops or desktops other than looks — and subtracted features. (And models, such as the 17″ Macbook Pro.) That goes for the OS as well.

  • There is nothing exciting on the horizon other than the hazy mirage of a new Apple TV. And even if that arrives, nothing says “old” more than those two letters: TV.

Since then Apple has come out with the Watch (points for originality with that one), introduced the hardly-seen (but cool-looking) Mac Pro (now also very stale), killed its Thunderbolt display, held its Time Capsule to a paltry (and damn near useless) 3Tb, done little to improve its AirPort Wi-Fi base stations — and has iterated its desktops and laptops so minimally that you can get along for years without a new one. Kinda like a good pair of jeans.

So maybe all that matters for Apple is that it accessorizes its customers better than everybody else.

You can hear a hint toward that from Tim Cook in this recent FastCompany report: “Our strategy is to help you in every part of your life that we can…whether you’re sitting in the living room, on your desktop, on your phone, or in your car.”

Here’s betting Apple’s announcement on Wednesday will be all about stuff meant to be a part of you. And not much that sounds like the rest of the personal computer business. (Which, we might remember, Steve Jobs pretty much invented.)

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