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Who Owns the Internet? — What Big Tech’s Monopoly Powers Mean for our Culture is Elizabeth Kolbert‘s review in The New Yorker of several books, one of which I’ve read: Jonathan Taplin’s Move Fast and Break Things—How Facebook, Google, and Amazon Cornered Culture and Undermined Democracy.

The main takeaway for me, to both Elizabeth’s piece and Jon’s book, is making clear that Google and Facebook are at the heart of today’s personal data extraction industry, and that this industry defines (as well as supports) much of our lives online.

Our data, and data about us, is the crude that Facebook and Google extract, refine and sell to advertisers. This by itself would not be a Bad Thing if it were done with our clearly expressed (rather than merely implied) permission, and if we had our own valves to control personal data flows with scale across all the companies we deal with, rather than countless different valves, many worthless, buried in the settings pages of the Web’s personal data extraction systems, as well as in all the extractive mobile apps of the world.

It’s natural to look for policy solutions to the problems Jon and others visit in the books Elizabeth reviews. And there are some good regulations around already. Most notably, the GDPR in Europe has energized countless developers (some listed here) to start providing tools individuals (no longer just “consumers” or “users”) can employ to control personal data flows into the world, and how that data might be used. Even if surveillance marketers find ways around the GDPR (which some will), advertisers themselves are starting to realize that tracking people like animals only fails outright, but that the human beings who constitute the actual marketplace have mounted the biggest boycott in world history against it.

But I also worry because I consider both Facebook and Google epiphenomenal. Large and all-powerful though they may be today, they are (like all tech companies, especially ones whose B2B customers and B2C consumers are different populations—commercial broadcasters, for example) shallow and temporary effects rather than deep and enduring causes.

I say this as an inveterate participant in Silicon Valley who can name many long-gone companies that once occupied Google’s and Facebook’s locations there—and I am sure many more will occupy the same spaces in a fullness of time that will surely include at least one Next Big Thing that obsolesces advertising as we know it today online. Such as, for example, discovering that we don’t need advertising at all.

Even the biggest personal data extraction companies are also not utilities on the scale or even the importance of power and water distribution (which we need to live), or the extraction industries behind either. Nor have these companies yet benefitted from the corrective influence of fully empowered individuals and societies: voices that can be heard directly, consciously and personally, rather than mere data flows observed by machines.

That direct influence will be far more helpful than anything they’re learning now just by following our shadows and sniffing our exhaust, mostly against our wishes. (To grok how little we like being spied on, read The Tradeoff Fallacy: How Marketers are Misrepresenting American Consumers and Opening Them Up to Exploiitation, a report by Joseph Turow, Michael Hennessy and Nora Draper of the Annenberg School for Communication at the University of Pennsylvania.)

Our influence will be most corrective when all personal data extraction companies become what lawyers call second parties. That’s when they agree to our terms as first partiesThese terms are in development today at Customer Commons, Kantara and elsewhere. They will prevail once they get deployed in our browsers and apps, and companies start agreeing (which they will in many cases because doing so gives them instant GDPR compliance, which is required by next May, with severe fines for noncompliance).

Meanwhile new government policies that see us only as passive victims will risk protecting yesterday from last Thursday with regulations that last decades or longer. So let’s hold off on that until we have terms of our own, start performing as first parties (on an Internet designed to support exactly that), and the GDPR takes full effect. (Not that more consumer-protecting federal regulation is going to happen in the U.S. anyway under the current administration: all the flow is in the other direction.)

By the way, I believe nobody “owns” the Internet, any more than anybody owns gravity or sunlight. For more on why, see Cluetrain’s New Clues, which David Weinberger and I put up 1.5 years ago.

Nobody is going to own podcasting.990_large By that I mean nobody is going to trap it in a silo. Apple tried, first with its podcasting feature in iTunes, and again with its Podcasts app. Others have tried as well. None of them have succeeded, or will ever succeed, for the same reason nobody has ever owned the human voice, or ever will. (Other, of course, than their own.)

Because podcasting is about the human voice. It’s humans talking to humans: voices to ears and voices to voices—because listeners can talk too. They can speak back. And forward. Lots of ways.

Podcasting is one way for markets to have conversations; but the podcast market itself can’t be bought or controlled, because it’s not a market. Or an “industry.” Instead, like the Web, email and other graces of open protocols on the open Internet, podcasting is all-the-way deep.

Deep like, say, language. And, like language, it’s NEA: Nobody owns it, Everybody can use it and Anybody can improve it. That means anybody and everybody can do wherever they want with it. It’s theirs—and nobody’s—for the taking.

This is one of the many conclusions (some of them provisional) I reached after two days at The Unplugged Soul: Conference on the Podcast at Columbia’s Tow Center for Digital Journalism, which I live-tweeted through Little Pork Chop and live-blogged through doc.blog at 1999.io.

Both of those are tools created by Dave Winer, alpha dad of blogging, podcasting and syndicating. Dave was half the guests on Friday evening’s opening panel. The other half was Christopher Lydon, whose own podcast, Radio Open Source, was born out of his creative partnership with Dave in the early chapters of podcasting’s Genesis, in 2003, when both were at Harvard’s Berkman (now Berkman Klein) Center.

One way you can tell nobody owns podcasting is that 1.5 decades have passed since 2003 and there are still no dominant or silo’d tools either for listening to podcasts or for making them.

On the listening side, there is no equivalent of, say, the browser. There are many very different ways to get podcasts, and all of them are wildly different as well. Remarkably (or perhaps not), the BigCo leaders aren’t leading. Instead they’re looking brain-dead.

The biggest example is Apple, which demonstrates its tin head through its confusing (and sales-pressure-intensive) iTunes app on computers and its Podcasts app, defaulted on the world’s billion iPhones. That app’s latest version is sadly and stupidly rigged to favor streaming from the cloud over playing already-downloaded podcasts, meaning you can no longer listen easily when you’re offline, such as when you’re on a plane. By making that change, Apple treated a feature of podcasting as a bug. Also dumb: a new UI element—a little set of vertical bars indicating audio activity—that seems to mean both live playing and downloading. Or perhaps neither. I almost don’t want to know at this point, since I have come to hate the app so much.

Other tools by smaller developers (e.g. Overcast) do retain the already-downloaded feature, but work in different ways from other tools. Which is cool to me, because that way no one player dominates.

On the production side there are also dozens of tools and services. As a wannabe podcaster (whose existing output is limited so far to three podcasts in twelve years), I have found none that make producing a podcast as easy as it is to write a blog or an email. (When that happens, watch out.)

So here’s a brief compilation of my gatherings, so far, in no order of importance, from the conference.

  • Podcasting needs an unconference like IIW (the next of which happens the first week of May in Silicon Valley): one devoted to conversation and forward movement of the whole field, and not to showcasing panels, keynotes or sponsoring vendors. One advantage of unconferences is that they’re all about what are side conversations at standard keynote-and-panel conferences. An example from my notes: Good side conversations. One is with Sovana Bailey McLain (@solartsnyc), whose podcast is also a radio show, State of the Arts. And she has a blog too. The station she’s on is WBAI, which has gone through (says Wikipedia) turmoil and change for many decades. An unconference will also foster something many people at the conference said they wanted: more ways to collaborate.
  • Now is a good time to start selling off over-the-air radio signals. Again from my notes… So I have an idea. It’s one WBAI won’t like, but it’s a good one: Sell the broadcast license, keep everything else. WBAI’s signal on 99.5fm is a commercial one, because it’s on the commercial part of the FM band. This NY Times report says an equivalent station (WQXR when it was on 96.3fm) was worth $45 million in 2009. I’m guessing that WBAI’s licence would bring about half that because listening is moving to Net-connected rectangles, and the competition is every other ‘cast in the world. Even the “station” convention is antique. On the Net there are streams and files:stuff that’s live and stuff that’s not. From everywhere. WBAI (or its parent, the Pacifica Foundation), should sell the license while the market is still there, and use the money to fund development and production of independent streams and podcasts, in many new ways.  Keep calling the convening tent WBAI, but operate outside the constraints of limited signal range and FCC rules.
  • Compared to #podcasting, the conventions of radio are extremely limiting. You don’t need a license to podcast. You aren’t left out of the finite number of radio channels and confined geographies. You aren’t constrained by FCC anti-“profanity” rules limiting freedom of speech—or any FCC rules at all. In other words, you can say what the fuck you please, however you want to say it. You’re free of the tyranny of the clock, of signposting, of the need for breaks, and other broadcast conventions. All that said, podcasting can, and does, improve radio as well. This was a great point made on stage by the @kitchensisters.
  • Podcasting conventionally copyrighted music is still impossible. On the plus side, there is no license-issuing or controlling entity to do a deal with the recording industry to allow music on podcasts, because there is nothing close to a podcasting monopoly. (Apple could probably make such a deal if it wanted to, but it hasn’t, and probably won’t.) On the minus side, you need to “clear rights” for every piece of music you play that isn’t “podsafe.” That includes nearly all the music you already know. But then, back on the plus side, this means podcasting is nearly all spoken word. In the past I thought this was a curse. Now I think it’s a grace.
  • Today’s podcasting conventions are provisional and temporary. A number of times during the conference I observed that the sound coming from the stage was one normalized by This American Life and its descendants. In consonance with that, somebody put up a slide of a tweet by @emilybell:podcast genres : 1. Men going on about things. 2. Whispery crime 3.Millennials talking over each other 4. Should be 20 minutes shorter. We can, and will, do better. And other.
  • Maybe podcasting is the best way we have to start working out our problems with race, gender, politics and bad habits of culture that make us unhappy and thwart progress of all kinds. I say that because 1) the best podcasting I know deals with these things directly and far more constructively than anything I have witnessed in other media, and 2) no bigfoot controls it.
  • Archiving is an issue. I don’t know what a “popup archive” is, but it got mentioned more than once.
  • Podcasting has no business model. It’s like the Internet, email and the Web that way. You make money because of it, not with it. If you want to. Since it can be so cheap to do (in terms of both time and money), you don’t have to make money at it if you don’t want to.

I’ll think of more as I go over more of my notes. Meanwhile, please also dig Dave’s take-aways from the same conference.

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.

We all know what this symbol means:

usedhead

Two people are not allowed to share an iPad.

Just kidding. It means the lavatory in the airplane is occupied. Also that it can be used by persons of either gender.

Which gender you are is of no concern to the airline. Or to the lavatory. Because it doesn’t matter.

The fact that lavatories outside airplanes generally sort visitors by gender is also not a big deal. They’ve done that for a long time. To my knowledge this is a matter of custom more than of law.

But for some damn fool reason, “conservative” legislators (you know, the kind that supposedly don’t like new laws and bigger government) in North Carolina, which was my home state for two decades, decided to pass the Public Facilities Privacy & Security Act, which was meant to overturn a piece of local legislation in Charlotte prohibiting operators of public facilities from discriminating on the basis of gender identity or sexual orientation.

Much freaking out has ensued since then. All of it could have been avoided if conservative sympathies actually applied. Meaning, leave well enough alone.

Or just don’t be stupid and pigheaded, which North Carolina’s legislature and governor are clearly being right now.

 

 

It didn't happen in 2010, but it will in 2016.

It didn’t happen in 2010, but it will in 2016.

This Post ran on my blog almost six years ago. I was wrong about the timing, but not about the turning: because it’s about to happen this month at the Computer History Museum in Silicon Valley. More about that below the post.
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The tide turned today. Mark it: 31 July 2010.

That’s when The Wall Street Journal published The Web’s Gold Mine: Your Secrets, subtitled A Journal investigation finds that one of the fastest-growing businesses on the Internet is the business of spying on consumers. First in a series. It has ten links to other sections of today’s report.

It’s pretty freaking amazing — and amazingly freaky, when you dig down to the business assumptions behind it. Here’s the gist:

The Journal conducted a comprehensive study that assesses and analyzes the broad array of cookies and other surveillance technology that companies are deploying on Internet users. It reveals that the tracking of consumers has grown both far more pervasive and far more intrusive than is realized by all but a handful of people in the vanguard of the industry.

It gets worse:

In between the Internet user and the advertiser, the Journal identified more than 100 middlemen — tracking companies, data brokers and advertising networks — competing to meet the growing demand for data on individual behavior and interests.The data on Ms. Hayes-Beaty’s film-watching habits, for instance, is being offered to advertisers on BlueKai Inc., one of the new data exchanges. “It is a sea change in the way the industry works,” says Omar Tawakol, CEO of BlueKai. “Advertisers want to buy access to people, not Web pages.” The Journal examined the 50 most popular U.S. websites, which account for about 40% of the Web pages viewed by Americans. (The Journal also tested its own site, WSJ.com.) It then analyzed the tracking files and programs these sites downloaded onto a test computer. As a group, the top 50 sites placed 3,180 tracking files in total on the Journal’s test computer. Nearly a third of these were innocuous, deployed to remember the password to a favorite site or tally most-popular articles. But over two-thirds — 2,224 — were installed by 131 companies, many of which are in the business of tracking Web users to create rich databases of consumer profiles that can be sold.

Here’s what’s delusional about all this: There is no demand for tracking by individual customers. All the demand comes from advertisers — or from companies selling to advertisers. For now.

Here is the difference between an advertiser and an ordinary company just trying to sell stuff to customers: nothing. If a better way to sell stuff comes along — especially if customers like it better than this crap the Journal is reporting on — advertising is in trouble.

Here is the difference between an active customer who wants to buy stuff and a consumer targeted by secretive tracking bullshit: everything.

Two things are going to happen here. One is that we’ll stop putting up with it. The other is that we’ll find better ways for demand and supply to meet — ways that don’t involve tracking or the guesswork called advertising.

Improving a pain in the ass doesn’t make it a kiss. The frontier here is on the demand side, not the supply side.

Advertising may pay for lots of great stuff (such as search) that we take for granted, but advertising even at its best is guesswork. It flourishes in the absence of more efficient and direct demand-supply interactions.

The idea of making advertising perfectly personal has been a holy grail of the business since Day Alpha. Now that Day Omega is approaching, thanks to creepy shit like this, the advertsing business is going to crash up against a harsh fact: “consumers” are real people, and most real people are creeped out by this stuff.

Rough impersonal guesswork is tolerable. Totally personalized guesswork is not.

Trust me, if I had exposed every possible action in my life this past week, including every word I wrote, every click I made, everything I ate and smelled and heard and looked at, the guesswork engine has not been built that can tell any seller the next thing I’ll actually want. (Even Amazon, widely regarded as the best at this stuff, sucks to some degree.)

Meanwhile I have money ready to spend on about eight things, right now, that I’d be glad to let the right sellers know, provided that information is confined to my relationship with those sellers, and that it doesn’t feed into anybody’s guesswork mill. I’m ready to share that information on exactly those conditions.

Tools to do that will be far more leveraged in the ready-to-spend economy than any guesswork system. (And we’re working on those tools.) Chris Locke put it best in Cluetrain eleven years ago. He said, if you only have time for one clue this year, this is the one to get…

Thanks to the Wall Street Journal, that dealing may finally come in 2010.

[Later…] Jeff Jarvis thinks the Journal is being silly. I love Jeff, and I agree that the Journal may be blurring some concerns, off-base on some of the tech and even a bit breathless; but I also think they’re on to something, and I’m glad they’re on it.

Most people don’t know how much they’re being followed, and I think what the Journal’s doing here really does mark a turning point.

I also think, as I said, that the deeper story is the market for advertising, which is actually threatened by absolute personalization. (The future market for real engagement, however, is enormous. But that’s a different business than advertising — and it’s no less thick with data… just data that’s voluntarily shared with trusted limits to use by others.)

[Later still…] TechCrunch had some fun throwing Eric Clemons and Danny Sullivan together. Steel Cage Debate On The Future Of Online Advertising: Danny Sullivan Vs. Eric Clemons, says the headline. Eric’s original is Why Advertising is Failing on the Internet. Danny’s reply is at that first link. As you might guess, I lean toward Eric on this one. But this post is a kind of corollary to Eric’s case, which is compressed here (at the first link again):

I stand by my earlier points:

  • Users don’t trust ads
  • Users don’t want to view ads
  • Users don’t need ads
  • Ads cannot be the sole source of funding for the internet
  • Ad revenue will diminish because of brutal competition brought on by an oversupply of inventory, and it will be replaced in many instances by micropayments and subscription payments for content.
  • There are numerous other business models that will work on the net, that will be tried, and that will succeed.

The last point, actually, seemed to be the most important. It was really the intent of the article, and the original title was “Business Models for Monetizing the Internet: Surely There Must Be Something Other Than Advertising.” This point got lost in the fury over the title of the article and in rage over the idea that online advertising might lose its importance.

My case is that advertisers themselves will tire of the guesswork business when something better comes along. Whether or not that “something better” funds Web sites and services is beside the points I am making, though it could hardly be a more important topic.

For what it’s worth, I believe that the Googles of the world are well positioned to take advantage of a new economy in which demand drives supply at least as well as supply drives demand. So, in fact, are some of those back-end data companies. (Disclosure: I currently consult one of them.)

Look at it this way…

  • What if all that collected data were yours and not just theirs?
  • What if you could improve that data voluntarily?
  • What if there were standard ways you could get that data back, and use it in your own ways?
  • What if those same companies were in the business of helping you buy stuff, and not just helping sellers target you?

Those questions are all on the table now.

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9 April 2016 — The What They Know series ran in The Wall Street Journal until 2012. Since then the tracking economy has grown into a monster that Shoshana Zuboff calls The Big Other, and Surveillance Capitalism.

The tide against surveillance began to turn with the adoption of ad blockers and tracking blockers. But, while those provide a measure of relief, they don’t fix the problem. For that we need tools that engage the publishers and advertisers of the world, in ways that work for them as well.

They might think it’s working for them today; but it’s clearly not, and this has been apparent for a long time.

In Identity and the Independent Web, published in October 2010, John Battelle said “the fact is, the choices provided to us as we navigate are increasingly driven by algorithms modeled on the service’s understanding of our identity. We know this, and we’re cool with the deal.”

In The Data Bubble II (also in October 2010) I replied,

In fact we don’t know, we’re not cool with it, and it isn’t a deal.

If we knew, The Wall Street Journal wouldn’t have a reason to clue us in at such length.

We’re cool with it only to the degree that we are uncomplaining about it — so far.

And it isn’t a “deal” because nothing was ever negotiated.

To have a deal, both parties need to come to the table with terms the other can understand and accept. For example, we could come with a term that says, Just show me ads that aren’t based on tracking me. (In other words, Just show me the kind of advertising we’ve always had in the offline world — and in the online one before the surveillance-based “interactive” kind gave brain cancer to Madison Avenue.)

And that’s how we turn the tide. This month. We’ll prepare the work on VRM Day (25 April), and then hammer it into code at IIW (26–28 April). By the end of that week we’ll post the term and the code at Customer Commons (which was designed for that purpose, on the Creative Commons model).

Having this term (which needs a name — help us think of one) is a good deal for advertisers because non-tracking based ads are not only perfectly understood and good at doing what they’ve always done, but because they are actually worth more (thank you, Don Marti) than the tracking-based kind.

It’s a good deal for high-reputation publishers, because it gets them out of a shitty business that tracks their readers to low reputation sites where placing ads is cheaper. And it lets them keep publishing ads that readers can appreciate because the ads clearly support the publication. (Bet they can charge more for the ads too, simply because they are worth more.)

It’s even good for the “interactive” advertising business because it allows the next round of terms to support advertising based on tracking that the reader actually welcomes. If there is such a thing, however, it needs to be on terms the reader asserts, and not on labor-intensive industry-run opt-out systems such as Ad Choices.

If you have a stake in these outcomes, come to VRM Day and IIW and help us make it happen. VRM Day is free, and IIW is very cheap compared to most other conferences. It is also an unconference. That means it has no keynotes or panels. Instead it’s about getting stuff done, over three days of breakouts, all on topics chosen by you, me and anybody else who shows up.

When we’re done, the Data Bubble will start bursting for real. It won’t mean that data goes away, however. It will just mean that data gets put to better uses than the icky ones we’ve put up with for at least six years too long.

_________________

This post also appears in Medium.

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This is for Christopher Baker.

Chris was nine years old when a friend shot him through the head by mistake, using a gun the friend’s father kept for protection. Chris was a great kid: fun-loving, kind and athletic. In the open casket at his funeral, he wore a baseball cap that covered the fatal wound. The hole in his parents hearts would never be filled. Chris was their only child, and they never had another.

If Chris had lived, he would be forty-two years old now. Instead, for those who remember him, he’ll always be nine.

If you think I’m about to go into an argument for gun control, be disappointed, because I don’t have one. Like millions of others who know innocent victims of gunfire, I feel grief and despair, even after all these years. Unlike many or most of them, I have no answer.

As Gideon Litchfield writes in Quartz, There is nothing more to say. There is no “debate,” no “national conversation.” There are only entrenched positions that don’t influence each other at all. Specifically, the gun non-debate—

echoes another frozen conflict: the one in Israel-Palestine. Four years of covering it made me see that, in certain disputes, the opposing forces attain a sort of self-correcting stasis. Even after a particularly cruel outrage, equilibrium returns quickly, as if neither side can let go of its claim to eternal victimhood. Change does come—many decades-long conflicts have ended—but it takes its own, often mysterious path that neither words nor any single tragedy can alter.

Indeed, instead of “gun-control debate,” we should call it the “gun-control conflict.” There is no debate here, only forces locked in frozen combat.

And the number of cats out of bags are legion. Today there are more guns than people in the U.S. Given that fact alone, it is not much easier to “control” the gun market, or the use of guns, in the U.S., than it is to control the tides. Guns are abundant and loose in human nature. I fear the best we can hope for is not being among the unlucky, as Chris was.

 

 

 

I’ll be on a webinar this morning talking with folks about The Intention Economy and the Rise in Customer Power. That link goes to my recent post about it on the blog of Modria, the VRM company hosting the event.

It’s at 9:30am Pacific time. Read more about it and register to attend here. There it also says “As a bonus, all registered attendees will receive a free copy of Doc’s latest book, The Intention Economy: How Customers Are Taking Charge in either printed or Kindle format.”

See/hear you there/then.

 

 

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[Update, 4 June 2016—I’m attempting to listen right now to WFAN/101.9 and it’s obliterated by signals flanking it on 101.7 and 102.1. Maybe my tweet about it here will finally get some journalists interested in the topic.]

The radio dial here IMG_8116in “upstate” Manhattan and the Bronx is packed with pirate radio signals. Many are smack next to New York’s licensed landmarks. Here’s what I’m getting right now on our kitchen radio…

  • 88.1 “Romantica New York” Spanish announcers, music in English and Spanish. Right next to WBGO (@wbgo), New York’s jazz station (licensed to Newark).
  • 89.3 Spanish. Right next to WFDU and WNYU (@wnyu), the Fairleigh Dickenson and NYU stations that share time on 89.1.
  • 89.7 Spanish. Talk. Call-ins. Right next to WKCR (@wkcrfm), the Columbia University station on 89.9.
  • 91.3 Spanish, as I recall. It just popped off the air. Right next to WNYE on 91.5.
  • 92.1 Spanish, currently playing traditional Mexican (e.g. Mariachi) music and talking up a Mexican restaurant. Right next to 92.3 WBMP “Amp radio” (@923amp) in New York.
  • 94.3 Spanish talk. Not next to any local station, but two notches removed from 94.7 WNSH “Nash” (@nashfm947ny) in New York (licensed to Newark).
  • 95.3 Spanish music. Right next to 95.5 WPLJ (@955plj) in New York. (Note that in the screen shot above, of my kitchen radio, it lights up the ST (stereo) indicator.)
  • 98.9 Spanish talk and music. Right next to 98.7 WEPN-FM (@espnny98_7), ESPN’s flagship station on 98.7.
  • 99.3 Spanish talk. Right next to 99.5 WBAI in New York.
  • 101.7 Spanish music. Right next to 101.9 WFAN-FM (@wfan660) in New York.
  • 102.5 English talk, with a Caribbean accent. Just heard ads for businesses in The Bronx (nail salon) and New Jersey (dentist), massage therapy (50 fremont ave, East Orange, NJ), a reggae music concert, 708-282-8741. Right next to 102.7 WWFS, “Fresh 102.7” (@fresh1027ny) in New York.
  • 102.9 English talk and music, with a Jamaican accent. I believe this was the same station that earlier today was rebroadcasting a Kingston station, no doubt picked up off the Net. Also right next to WWFS.
  • 105.5 Some kind of Christian pop, I think. It’s not WDHA in Dover, NJ. I just checked that station’s stream online. Totally different.
  • 105.7 Music in English right now. Right next to 105.9 WQXR (@WQXR) in New York.
  • 106.1 English. Reggae dance. Ads: Mizama Apparel Plus, 4735 white plains road. Kings Electronics, 4372 White Plains Road. Jumbo concert in Mt. Vernon… Also right next to WQXR on the dial. All but blows QXR away, in fact. (QXR’s signal radiates from the same master antenna as most other New York stations, on the Empire State Building, but is just 610 watts, while most of the rest are 6000 watts.)
  • 106.9 English music. Caribbean accent. Right next to 106.7 WLTW “Lite FM” (@1067litefm) in New York.

This is a nearly completely different list of pirates than the one I compiled last fall from this same location, in the 10040 area code. (There were pirate signals on 89.3 and 89.7 then, but I’m not sure if these are the same.), None of the pirate signals match anything on this list of all the legitimate licensed signals radiating within 100km (60 miles) of here.

Man, I wish I knew Spanish. If I did, I would dig into as many of these as I could.

All of them, I am sure, are coming from the northern end of Manhattan and the Bronx, though 102.5 has so many ads for New Jersey places that I wonder if it’s actually over there somewhere.

All of them serve some kind of marketplace, I assume. And even though I don’t understand most of what they’re talking about (when they do talk), I’m fascinated by them.

At the same time they are all illegal, and to varying degrees interfere with legitimate licensed stations. If I were any of the legitimate stations listed above, I’d be concerned. Weaker stations (e.g. WKCR, WBGO and WQXR) especially.

There are a few New York pirate radio stories out there (here, here and here, for example); but they’re all thin, stale or old.

This is a real phenomenon with a lot of meat for an enterprising journalist — especially one who speaks Spanish. Any takers?

meerkatLook where Meerkat andperiscopeapp Periscope point. I mean, historically. They vector toward a future where anybody anywhere can send live video out to the glowing rectangles of the world.

If you’ve looked at the output of either, several things become clear about their inevitable evolutionary path:

  1. Mobile phone/data systems will get their gears stripped, in both directions. And it will get worse before it gets better.
  2. Stereo sound recording is coming. Binaural recording too. Next…
  3. 3D. Mobile devices in a generation or two will include two microphones and two cameras pointed toward the subject being broadcast. Next…
  4. VR, or virtual reality.

Since walking around like a dork holding a mobile in front of you shouldn’t be the only way to produce these videos, glasses like these are inevitable:

srlzglasses

(That’s a placeholder design in the public domain, so it has no IP drag, other than whatever submarine patents already exist, and I am sure there are some.)

Now pause to dig Facebook’s 10-year plan to build The Matrix. How long before Facebook buys Meerkat and builds it into Occulus Rift? Or buys Twitter, just to get Periscope and do the same?

Whatever else happens, the rights clearing question gets very personal. Do you want to be recorded by others and broadcast to the world or not? What are the social and device protocols for that? (Some are designed into the glasses above. Hope they help.)

We should start zero-basing some answers today, while the inevitable is in sight but isn’t here yet.

It should help to remember that all copyright laws were created in times when digital life was unimaginable (e.g. Stature of Anne, ASCAP), barely known (Act of 1976), or highly feared (WIPO, CTEA, DMCA).

How would we write new laws for the new video age that has barely started? Or why start with laws at all? (Remember that nearly all regulation protects yesterday from last Thursday — and are often written by know-nothings.)

We’ve only been living the networked life since graphical browsers and ISPs arrived in the mid-90’s. Meanwhile we’ve had thousands of years to develop civilization in the physical world.

Relatively speaking, digital networked life is Eden, which also didn’t come with privacy. That’s why we made clothing and shelter, and eventually put both on hooves and wheels.

How will we create the digital equivalents of the privacy technologies we call clothing, shelter, buttons, zippers, doors, windows, shades, blinds and curtains? Are the first answers technical or policy ones? Or both? (I favor the technical, fwiw. Code is Law and all that.)

Protecting the need for artists to make money is part of the picture. But it’s not the only part. And laws are only one way to protect artists, or anybody.

Manners come first, and we don’t have those yet. Meaning we also lack civilization, which is built on, and with, manners of many kinds. Think about much manners are lacking in the digital world. So far.

None of the big companies that dominate our digital lives have fully thought out how to protect anybody’s privacy. Those that come closest are ones we pay directly, and are therefore accountable to us (to a degree). Apple and Microsoft, for example, are doing more and more to isolate personal data to spaces the individual controls and the company can’t see — and to keep personal data away from the advertising business that sustains Google and Facebook, which both seem to regard personal privacy as a bug in civilization, rather than a feature of it. Note that we also pay those two companies nothing for their services. (We are mere consumers, whose lives are sold to the company’s actual customers, which are advertisers.)

Bottom line: the legal slate is covered in chalk, but the technical one is close to clean. What do we want to write there?

Start here: privacy is personal. We need to be able to signal our intentions about privacy — both as people doing the shooting, and the people being shot. A red light on a phone indicating recording status (as we have on video cameras) is one good step for video producers. On the other side of the camera, we need to signal what’s okay and what’s not. Clothing does that to some degree. So do doors, and shades and shutters on windows. We need the equivalent in our shared networked space. The faster and better we do that, the better we’ll be able to make good TV.

On Saturday I invited Serial listeners to recall the Edgar Smith case. Smith got away, literally, with murder. He did it by convincing the media and the public (and to a lesser degree the courts) that he was innocent man, falsely convicted of brutally killing a teenage girl. After he was released he attempted another murder, confessed to the original one and went back to prison.

Now I invite Serial listeners to recall a counter example: the West Memphis Three, who were convicted as teenagers in 1994 for the murders of three boys in West Memphis, Arkansas in 1993. One was sentenced to death and the other two were given life sentences. It was alleged, on debatable evidence gained by poor police work, that the victims were killed in a Satanic ritual.

All three are now free, having given Alford pleas. These are “guilty” pleas in which innocence is still maintained. (It’s complicated. Look it up.) To make a long story too short, it is now clear that they got bum raps and that other persons are the more likely perps. The miscarriage of justice in the case is so extreme that the dad of one of the victims has taken up the Three’s cause.

I met two of the Three, plus the dad, in 2012 after a screening of the documentary West of Memphis at the Santa Barbara Film Festival. I’m sure they are innocent.

The Memphis Three’s case, like Edgar Smith’s, is irrelevant to Adnan Syed’s. (He’s serving time for murder in the case Serial explores). The jury is still in for that one, and Adnan is still officially guilty. But maybe keeping these other cases in mind will help us all keep our minds open.

Meanwhile, HuffPo has a nice set of takes by prosecutors and defense attorneys.

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