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I love BBC domestic programming (such as Radio 4, which I have to dig to find on the BBC website if I’m coming in from a non-UK IP address, as I am now), and would like to pay as much for it as any UK citizen does through taxes.

Let’s say we come up with a way to do that (preferably without DRM), perhaps along the lines of EmanciPay, or perhaps though something more coercive.

Would the BBC welcome that? Or must the domestic fare remain restricted to domestic consumption for reasons other than economic ones?

Put another way, would the BBC prefer that, when nearly all radio listening and video watching becomes digital, and happens over Net connections, even visitors to the UK should be kept on the outside?

And if we techies come up with a way to bring more money to the BBC from both inside and outside the Kingdom, would they turn it down?

If not, I want to on that.

Advertising is a bubble. If that’s a true statement, Google is a bubble too. And if that’s true, many of the goods we take for granted on the Web are at risk. Let’s run down some evidence.

Thus begins The Google Exposure, my column in the February issue of Linux Journal. Read the rest there. (And hey, feel free to subscribe.)

spypondhockey

For most of Winter in the Northeast, skating is possible only during the somewhat rare times when the ice is thick and not covered with snow or other unwelcome surface conditions. And bad skating has been the story, typically, for most of this Winter around Boston. After an earlier snow, there were some ad hoc skating rinks cleared by shoveling, but those were ruined by rains, more snow, more rains, and intermittent freezes that made a hash of the surface. But recent rains and hard freezes have formed wide paths between remaining islands of ruined snow. On most ponds there aren’t enough open spaces for real hockey games, but there’s plenty enough for skating, and for hockey practice, anyway. (A note to newbies and outsiders: nearly all lakes here are called ponds. Dunno why yet. Maybe one of ya’ll can tell me. Still a bit of a noob myself.)

Hockey practice is what I saw when I paused to take a sunset shot with my phone at Spy Pond, which I passed it late this afternoon on a long walk along the Minuteman Bikeway, which is one of my favorite walking paths (and thoroughfares — at least when it’s warm and clear enough to bike on). As it happens, Spy Pond ice has some history. There was a period, in the mid- to late-1800s, after railroads got big, but before refrigeration came along, when New England was a source for much of the world’s shipped ice. And Spy Pond itself was one of the most productive sources. This picture here…

spypond_history2

… shows ice being harvested for storage in ice houses beside the railroad which is now the Bikeway. I stood near the left edge of this scene when I took the picture at the top, and the boy and his dad playing hockey were about where at the center left, where a horse is shown pulling what looks like a man with a plow. (That last shot is from this historical display alongside the bikeway.)

The brainfather of Boston’s ice industry was Frederic Tudor, about whom I have learned a great deal from The Ice King: Frederic Tudor and His Circle. Highly recommended, if you’re into half-forgotten New England history. The book came as a bonus with membership in Mystic Seaport, a terrific maritime museum down the road on the Connecticut coast.

[Later…] The industry you see depicted above can also serve as a metaphor. For that a hat tip goes to Robin Lubbock (@RLma), New Media Director of WBUR, who pointed me to this piece by Michael Rosenblum. Nails it. (I also love Rosenblum’s Maybe monetizing is not the answer and Edward III, Crecy and Local TV Newsrooms, also via Robin.)

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Why is Steve Jobs taller than Eric Schmidt in this picture? 0114_mz_cover

I’ve met both guys, and I’m sure Eric is taller than Steve. But maybe I’m wrong.

I’m having trouble (must be my night for that) finding believable height information on either of them. (WikiAnswers says Steve is 6’2″, which seems high to me. Still can’t find anything on Eric.)

The reason I bring this up is that photographs and illustrations tell their own stories.

Ever notice how photos in sports stories always show the winner making a great move or looking happy and the loser making a lame move or looking all dejected? The story is often more complicated than that, but this is how default journalistic story-telling goes. You match the photo to the story. It’s an illustration. A picture to match the thousand words.

This  picture, on the cover of this week’s issue of BusinessWeek, shows several things at once: how Apple currently has more stature than Google in the phone business. How these two former colleagues (Eric was for years on Apple’s board) are now competitors. Maybe there’s some back to back stuff.

Anyway, it’s a story. Vendor sports, of course.

Just saying. Maybe there’s some fodder here for Jay & Dave at NYU.

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The Cinternet is Donnie Hao Dong’s name for the Chinese Internet. Donnie studies and teaches law in China and is also a fellow here at Harvard’s Berkman Center. As Donnie sees (and draws) it, the Cinternet is an increasingly restricted subset of the real thing:

map[19]

He calls this drawing a “map of encirclement.” That last noun has a special meaning he explains this way:

“The Wars of (anti-)Encirclement Compaign” were a series battles between China Communist Party and the KMT‘s Nanjing Gorvernment in 1930s. At the time the CCP established a government in south-central China (mostly in Jiang Xi Province). The KMT’s army tried five times to attack and encircle the territory of CCP’s regime. And The CCP’s Red Army was almost defeated in the Fifth Encirclement War in 1934. The Long March followed the war and rescued CCP and its army.

Encirclement is more than censorship. It’s a war strategy, and China has been at war with the Internet from the start.

But while China’s war is conscious, efforts by other countries to encircle the Net are not. To see what I mean by that, read Rebecca MacKinnon‘s Are China’s demands for Internet ‘self-discipline’ spreading to the West? Her short answer is yes. Her long answer is covered in these paragprahs:

To operate in China, Google’s local search engine, Google.cn, had to meet these “self-discipline” requirements. When users typed words or phrases for sensitive subjects into the box and clicked “search,” Google.cn was responsible for making sure that the results didn’t include forbidden content.

It’s much easier to force intermediary communications and Internet companies such as Google to police themselves and their users than the alternatives: sending cops after everybody who attempts a risque or politically sensitive search, getting parents and teachers to do their jobs, or chasing down the origin of every offending link. Or re-considering the logic and purpose of your entire system.

Intermediary liability enables the Chinese authorities to minimize the number of people they need to put in jail in order to stay in power and to maximize their control over what the Chinese people know and don’t know.

In its bombshell announcement on Jan. 12, Google cited massive cyber attacks against the Gmail accounts of human rights activists as the most urgent reason for re-evaluating its presence in China. However, the Chinese government’s demands for ever-increasing levels of censorship contributed to a toxic and unsustainable business environment.

Remember that phrase: intermediary liability. It’s a form of encirclement. Rebecca again:

Meanwhile in the Western democratic world, the idea of strengthening intermediary liability is becoming increasingly popular in government agencies and parliaments. From France to Italy to the United Kingdom, the idea of holding carriers and services liable for what their customers do is seen as the cheapest and easiest solution to the law enforcement and social problems that have gotten tougher in the digital age — from child porn to copyright protection to cyber-bullying and libel.

I’m not equating Western democracy with Chinese authoritarianism — that would be ludicrous. However, I am concerned about the direction we’re taking without considering the full global context of free expression and censorship.

The Obama administration is negotiating a trade agreement with 34 other countries — the text of which it refuses to make public, citing national security concerns — that according to leaked reports would include increased liability for content hosting companies and service providers. The goal is to combat the global piracy of movies and music.

I’m not saying that we shouldn’t fight crime or enforce the law. Of course we should, assuming that the laws reflect the consent of the governed. But let’s make sure that we don’t throw the baby of democracy and free speech out with the bathwater, as we do the necessary work of adjusting legal systems and economies to the Internet age.

Next, What Big Content wants from net neutrality (hint: protection), by Nate Anderson in Ars Technica. According to Nate, more than ten thousand comments were filed on the subject of net neutrality with the FCC, and among these were some from the RIAA and the MPAA. These, he said, “argued that the FCC should encourage ISPs to adopt ‘graduated response’ rules aimed at reducing online copyright infringement”, and that they “also reveal a content-centric view of the world in which Americans will not ‘obtain the true benefits that broadband can provide’ unless ‘copyrighted content [is] protected against theft and unauthorized online distribution'”. He continues,

What could graduated response possibly have to do with network neutrality? The movie and music businesses have seized on language in the FCC’s Notice of Proposed Rulemaking that refuses to extend “neutrality” to “unlawful content.” The gist of the MPAA and RIAA briefs is that network neutrality’s final rules must allow for—and in fact should encourage—ISPs to take an active anti-infringement role as part of “reasonable network management.”

Not that the word “infringement” is much in evidence here; both briefs prefer “theft.” The RIAA’s document calls copyright infringement “digital piracy—or better, digital theft,” and then notes that US Supreme Court Justice Breyer said in the Grokster case that online copyright infringement was “garden variety theft.”

To stop that theft, the MPAA and RIAA want to make sure that any new FCC rules allow ISPs to act on their behalf. Copyright owners can certainly act without voluntary ISP assistance, as the RIAA’s lengthy lawsuit campaign against file-swappers showed, but both groups seem to admit that this approach has now been hauled out behind the barn and shot.

According to the RIAA, “Without ISP participation, it is extremely difficult to develop an effective prevention approach.” MPAA says that it can’t tackle the problem alone and it needs “broadband Internet access service providers to cooperate in combating combat theft.”

“No industry can, or should be expected to, compete against free-by-theft distribution of its own products,” the brief adds.

“We thus urge the Commission to adopt rules that not only allow ISPs to address online theft, but actively encourage their efforts to do so,” says the RIAA.

And that’s how we get the American Cinternet. Don’t encircle it yourself. Get the feds to make ISPs into liable intermediaries forced to practice “self discipline” the Chinese way: a “graduated response” that encircles the Net, reducing it to something less: a spigot of filtered “content” that Hollywood approves. Television 2.0, coming up.

Maybe somebody can draw us the Content-o-net.

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I just posted this essay to IdeaScale at OpenInternet.gov, in advance of the Open Internet Workshop at MIT this afternoon. (You can vote it up or down there, along with other essays.)  I thought I’d put it here too. — Doc


The Internet is free and open infrastructure that provides almost unlimited support for free speech, free enterprise and free assembly. Nothing in human history, with the possible exception of movable type — has done more to encourage all those freedoms. We need to be very careful about how we regulate it, especially since it bears only superficial resemblances to the many well-regulated forms of infrastructure it alters or subsumes.

Take radio and TV, for example. Spectrum — the original “bandwidth” — is scarce. You need a license to broadcast, and can only do so over limited distances. There are also restrictions on what you can say. Title 18 of the United States Code, Section 1464, prohibits “any obscene, indecent or profane language by means of radio communication.” Courts have upheld the prohibition.

Yet, as broadcasters and the “content industry” embrace the Net as a “medium,” there is a natural temptation by Congress and the FCC to regulate it as one. In fact, this has been going on since the dawn of the browser. The Digital Performance Right in Sound Recordings Act (DPRSA) came along in 1995. The No Electronic Theft Act followed in 1997. And — most importantly — there was (and still is) Digital Millenium Copyright Act of 1998.

Thanks to the DMCA, Internet radio got off to a long and very slow start, and is still severely restricted. Online stations face payment requirements to music copyright holders are much higher than those for broadcasters — so high that making serious money by webcasting music is nearly impossible. There are also tight restrictions on what music can be played, when, and how often. Music on podcasts is essentially prohibited, because podcasters need to “clear rights” for every piece of copyrighted music they play. That’s why, except for “podsafe” music, podcasting today is almost all talk.

There is also a risk that we will regulate the Net as a form of telephony or television, because most of us are sold Internet service as gravy on top of our telephone or cable TV service — as the third act in a “triple play.” Needless to say, phone and cable companies would like to press whatever advantages they have with Congress, the FCC and other regulatory bodies.

It doesn’t help that most of us barely know what the Internet actually is. Look up “The Internet is” on Google and see what happens: http://www.google.com/search?hl=en&q… There is little consensus to be found. Worse, there are huge conflicts between different ways of conceiving the Net, and talking about it.

For example, when we say the Net consists of “sites,” with “domains” and “locations” that we “architect,” “design,” “build” and “visit,” we are saying the Internet is a place. (Where, presumably, you can have free speech, enterprise and assembly.)

But if we say the Net is a “medium” for the “distribution” of “content” to “consumers,” we’re talking about something more like broadcasting or the shipping industry, where those kinds of freedoms are more restricted.

These two ways of seeing the Net are both true, both real, and both commonly used, to the degree that we mix their metaphors constantly. They also suggest two very different regulatory approaches.

Right now most of us think about regulation in terms of the latter. That is, we want to regulate the Net as a shipping system for content. This makes sense because most of us still go on the Net through connections supplied by phone or cable companies. We also do lots of “downloading” and “uploading” — and both are shipping terms.

Yet voice and video are just two among countless applications that can run on the Net — and there are no limits on the number and variety of those applications. Nor should there be.

So, what’s the right approach?

We need to start by recognizing that the Net is infrastructure, in the sense that it is a real thing that we can build on, and depend on. It is also public in the sense that nobody owns it and everybody can use it. We need to recognize that the Net is defined mostly by a collection of protocols for moving data — and most of those protocols are open to improvement by anybody. These protocols may be limited in some ways by the wired or wireless connections over which they run, but they are nor reducible to those connections. You can run Internet protocols over barbed wire if you like.

This is a very different kind of infrastructure than anything civilization has ever seen before, or attempted to regulate. It’s not “hard” infrastructure, like we have with roads, bridges, water and waste treatment plants. Yet it’s solid. We can build on it.

In thinking about regulation, we need to maximize ways that the Net can be improved and minimize ways it can be throttled or shut down. This means we need to respect the good stuff every player brings to the table, and to keep narrow but powerful interests from control our common agenda. That agenda is to keep the Net free, open and supportive of everybody.

Specifically, we need to thank the cable and phone companies for doing the good work they’ve already done, and to encourage them to keep increasing data speeds while also not favoring their own “content” subsidiaries and partners. We also need to encourage them to stop working to shut down alternatives to their duopolies (which they have a long history of doing at both the state and federal levels).

We also need to thank and support the small operators — the ISPs and Wireless ISPs (WISPs) — who should be able to keep building out connections and offering services without needing to hire lawyers so they can fight monopolists (or duopolists) as well as state and federal regulators.

And we need to be able to build out our own Internet connections, in our homes and neighborhoods — especially if our local Internet service providers don’t provide what we need.

We can only do all this if we start by recognizing the Net as a place rather than just another medium — a place that nobody owns, everybody can use and anybody can improve.

Doc Searls
Fellow, Berkman Center for Internet & Society
Harvard University

[Later…] A bonus link from Tristan Louis, on how to file a comment with the FCC.

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For most of radio’s history, at least in the U.S., ratings “books” ignored noncommercial stations. Commercial radio shares never added up to 100%. Usually the total was around 87%, give or take. In the market where I spent the most years caring about this stuff — Raleigh/Durham/Chapel Hill, back in the late ’70s and early ’80s (when Dean Landsman was also operating and becoming far more expert than I) — everybody knew that in Chapel Hill had serious numbers. But you couldn’t tell unless you went to Beltsville, Maryland, where Arbitron kept the “diaries” on which listening estimates were based. (In radio one often heard disgruntled managers of stations with unsatisfactory ratings saying “I’m going to Beltsville. I gotta see those diaries.”)

Well, times have changed. You can see noncommercial ratings now. Radio-Info.com is one service. Radio Research Consortium is another. I’ve known about the latter for awhile, but I’m new to the former.

Looking at the December ratings for Los Angeles, has a 2.2 share, which is quite good, especially since the station is just 600 watts (atop Mt. Wilson, where most of the other FMs are, some with over 100,000 watts). Classical has a 2.5. KCRW has a 1.0. (Perspective: the top station, KOST, has a 5.5. And many commercial stations are below both those non-comms. News landmark KFWB has an 0.7. Pacifica’s 110kw KPFK, considered the biggest signal in the whole country, has an 0.2.)

In New York, -FM has a 1.9, WNYC-AM has an 0.8. Freshly noncommercial classical (on a new channel with a weaker signal) has a 1.8. (We’ve had a thread going for months here about that change.) Jazz has an 0.5. (“Party 87.7), which is actually a low-power TV station on old analog channel 6, with audio on 87.7fm, gets an 0.2, but they’ve had as much as an 0.8, which is pretty good for a weak signal below the FM band from the top of the CITI building in Queens, rather than some higher place, such as the Empire State Building. The great music station (broadcasting a directional signal — mostly away from the city — from Fordham in the Bronx, but with boosters coming on all over the place) also gets an 0.2.

In San Francisco, is #4 in the market with a 4.8. (They also have the biggest FM signal, with 110,000 watts coming off Mt. San Bruno.) The big news there is that is tied for #1 with . Both have a 5.8, as both had the month before. KGO has been #1 since the Eisenhower administration. Classical has a 3.4. Jazz has an 0.7 (good for a signal that’s basically just the Peninsula and parts of the East Bay). Little , from the San Francisco Unified School District, gets an 0.3.

Here in Boston, has a 4.5. So you can understand why , with a bigger signal and just an 0.9 rating, decided finally to compete head-to-head as a news & talk NPR-based station. Also why they bought , the classical station with the edge-of-town signal. ‘CRB has a 2.9. , another great music station (but with a secondary signal in the market) had an 0.7. All-folk (with a signal mostly for the south side of town) had an 0.3. Harvard’s WHRB (with a directional signal) got an 0.2).

, my (#213) home market, was last ranked in Fall of ’09. Classical KDB got a 4.2. It’s still commercial, though owned by a nonprofit. I don’t see any noncommercials listed, alas. I’d really like to see how well the new is doing there. Same for its FM, which is a 4-watt translator that does pretty well, considering..

Same goes for Sussex, the then-rural New Jersey market where I got my start in the earliest ’70s, on , a little station on a mountain overlooking Franklin and Hamburg. Back then WSUS was just 360 watts. Now it’s a whopping 590 watts. But it kicks butt in the ratings: down to 13.8 after peaking in the last period at 15.0. Those are very high numbers. I don’t see any noncommercials here either.

Nor do I see any for Raleigh/Durham on Radio-Info, though I’m sure WUNC, WCPE, WSHA and WNCU all do well. Radio Research Consortium is also opaque on the matter.

Continued in the next post.

Where Markets are Not Conversations is my latest post over at the ProjectVRM blog. It was inspired by the “experience” of taking a fun little personality test at SignalPatterns, followed by SP’s refusal to share the results unless I submitted to a personal data shakedown.

Bottom lines:

  1. I’d rather track myself than have somebody else track me, thank you very much.
  2. This kind of marketing is about as conversational as a prison PA system — and calling any of it “social” makes it not one syllable less so.

There’s a lot to talk about here. Or there. Meanwhile, I’m off to see Avatar a second time with my son, this time in IMAX 3D. Have a fun weekend, kids.

First, read Dave‘s The Mother of all Business Models. The money grafs:

Want to get a message to Dave while he’s on the BART riding under SF? $5. Want to get a message to him while he’s walking the tradeshow at CES? That costs more.

If you’re important enough you shouldn’t even pay to use the mobile device. They’re going to make so much money from your attention. If you’re really important, thinking Warren Buffet, Bill Gates, Mike Arrington, they should pay you — a LOT — to use their device. Wow.

That got me excited. That’s what they have to be thinking at Google. And why not Twitter. Trying to think of a title for this post, I came up with The Mother of All Business Models. This is as far as I can see. A new economy. Nobodies pay, but important people are paid to use your brand cell phone/mobile device. I’m sure that’s the future. Might be horrible but we’re already almost there.

This is great stuff: a whole new frame for the sell side.

Now let’s look at the buy side, and how to keep the sellers from being horrible moms. What do we want there? Or what should we want there, if we knew we had the power, independent of advertisers and their media? I mean native power here: power that each of us has — not by grace of some company or government agency, and not limited to a company’s “platform”, which is almost always the floor of a silo or the lawn of a walled garden (and worth less or nothing outside of it).

We already have some of that power, thanks to protocols, formats and code that (essentially) nobody owns, everybody can use and anybody can improve. One of the most widespread of those, thanks to Dave, is RSS — Really Simple Syndication. Look up RSS on Google. You get 3,210,000,000 results, as of today. Much of that huge number owes to RSS’s nature as essential builing material for the Web that anybody can use, easily.

RSS is easy to make yours, personally, as your tool. Thanks to RSS (atop the Web’s and the Net’s other supportive standards, formats and protocols) anybody can produce, edit, update and syndicate pretty much whatever they like. You don’t have to go to Google or Twitter or Facebook. That independence is key, and has been there from the start, as a founding premise.

Now, what else can we create, to help assert our sides of commercial interactions and relationships — which is the central concern of the VRM (Vendor Relationship Management) community? In the Markets Are Relationships chapter of the 10th Anniversary edition of The Cluetrain Manifesto, I wrote this about the purposes of VRM efforts:

  1. Provide tools for individuals to manage relationships with organizations. These tools are personal. That is, they belong to the individual in the sense that they are under the individual’s control. They can also be social, in the sense that they can connect with others and support group formation and action. But they need to be personal first.
  2. Make individuals the collection centers for their own data, so that transaction histories, health records, membership details, service contracts, and other forms of personal data are no longer scattered throughout a forest of silos.
  3. Give individuals the ability to share data selectively, without disclosing more personal information than the individual allows.
  4. Give individuals the ability to control how their data is used by others, and for how long. At the individual’s discretion, this may include agreements requiring others to delete the individual’s data when the relationship ends.
  5. Give individuals the ability to assert their own terms of service, reducing or eliminating the need for organization-written terms of service that nobody reads and everybody has to “accept” anyway.
  6. Give individuals means for expressing demand in the open market, outside any organizational silo, without disclosing any unnecessary personal information.
  7. Make individuals platforms for business by opening the market to many kinds of third party services that serve buyers as well as sellers.
  8. Base relationship-managing tools on open standards, open APIs (application program interfaces), and open code. This will support a rising tide of activity that will lift an infinite variety of business boats, plus other social goods.
  9. The Intention Economy.

All these will also give rise to:

The latter is the title of the following section of the chapter, where I  explain that advertising is a bubble, and “so is the rest of the ‘attention economy’ that includes promotion, public relations, direct marketing, and other ways of pushing messages through media.” I then explain,

The attention economy will crash for three reasons. First, it has always been detached from the larger economy where actual goods and services are sold to actual customers. Second, it has always been inefficient and wasteful, flaws that could be rationalized only by the absence of anything better. Third, a better system will come along in which demand drives supply at least as well as supply drives demand. In other words, when the “intention economy” outperforms the attention economy.

Some context:

The attention economy will not go away. There will still be a need for vendors to promote their offerings. But that promotion will have a new context: the ability of customers to communicate what they need and want—and to maintain or terminate relationships. Thus the R in CRM will cease to be a euphemism. This will happen when we have standard protocols for all three forms of market activity: transaction, conversation, and relationship.

Transaction we already have. Conversation we are only beginning to develop. (Email, text messaging, and other standard and open protocols help here, but they are still just early steps—even in in 2009, ten years after we said “markets are conversations” in The Cluetrain Manifesto.) Relationship is the wild frontier. Closed “social” environments like MySpace and Facebook are good places to experiment with some of what we’ll need, but as of today they’re still silos. Think of them as AOL 2.0.

Now, what do we need to create The Intention Economy? (That link goes to a piece by that name written almost four years ago.) What’s already there, like RSS and its relatives, that we can put to use? What new protocols, formats, tools and code do we need to create?

Improving selling is a good thing. Improving buying is a better thing. And improving how buyers and sellers relate is better than both. Those last two are what VRM is about. (And the last one is what CRM has always been about, though it hasn’t had any reciprocating system on the buy side, which is what VRM will provide.)

If you want to see some of what we’re up to, or to contribute to it, here’s the wiki. And here’s the list.

Meanwhile, I’m working on a book titled The Intention Economy: What Happens When Customers Get Real Power. If you’re interested in pointing me to helpful scholorship, research and stories for the book, feel free to weigh in with those too.

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So I ordered a bunch of gifts from Amazon for my sister to open on Christmas. Did it all last week so we’d have time for screw ups.

Turns out we needed it.

I won’t go into the details (including stuff that was my fault), but will instead jump ahead to a bug that needs to be fixed: When an order is canceled by Amazon, the history of the order is erased on the Amazon website. It’s like the order never happened. No information remains. The items bougtht, the gift wrap, the shipping details, the credit card used, the fact that the order was made in the first place… all gone. The cancellation details survive only in an email Amazon sends out — and in Amazon’s own memory. If you call them up and ask for help tracking problems down, they can find what they won’t let you see online. I just spent the better part of an hour on the phone with Amazon doing exactly that.

This is wrong. You should be able to look back and see past orders, whether they were completed or not. You should be able to see why orders were canceled (out of stock, credit card glitches, whatever).

While I’m a big fan of self-tracking, the tech for that isn’t here yet. In its absence it would be nice if pioneering (now landmark) companies like Amazon did a better job of remembering what happened, when, and why.

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