Category: Future (page 1 of 2)

ESC

ESC t-shirt

VRM Day had an extraordinary outcome this time: a movement to end surveillance capitalism.

The movement began with a talk by Roger McNamee titled Saving us from Big Tech: the Gen Z Solution. It was the latest in the Ostrom Workshop‘s Beyond the Web salon series, which on this occasion took place live and in person simultaneously in the Computer History Museum‘s Boole room and on the Web via Owl and Zoom, through the Workshop at Indiana University, where people also participated in a room and virtually. You can see the first hour of the talk here.

The conversation with Roger was super-energized, continued well past the scheduled hour, and onward through breakout sessions on each of the three days that followed at the Museum during IIW, and since then on Signal and Zoom. The conversation informally called itself “Roger and We,” and it vectored toward what it says on the t-shirt design above, drawn on a whiteboard during the third of the IIW sessions: End Surveillance Capitalism or ESC. (Also implying ESCape). One of us at the session created this graphic—

—and used it to create this t-shirt at Zazzle.com:

He’s bought a number of them, so far, because when he wore the first to Thanksgiving dinner, other people there also wanted one. In the spirit of freedom and openness, please feel free to use the same graphic (which, if you drag it off, is quite large ), or something like it, to make one or more of your own. Or run with it any way you please. Movements work that way.

This is where I pause and thank Shoshana Zuboff for making surveillance capitalism a full-sized Thing. Also to Brett Frishcmann and Evan Sellinger for explaining what it does to all of us, personally.

Where this goes is up to the group, which is small, growing, and gathering weekly in virtual space while corresponding asynchronously as well. It’s still small but growing.

To succeed, its fire needs to be so large and hot that profiting by tracking people will fail because neither people nor regulators will put up with it. It is also sobering to know that similar efforts to end surveillance capitalism have faltered in the past (which is still now), in spite of the simple fact that spying on people without their clear invitation (not mere “consent”) or a court order is wrong on its face, regardless of the purposes to which that spying is put.

We talked about lots of other stuff during VRM Day, of course. For example, Don Marti led a session on the W3C’s Private Advertising Technology Community Group, which he encouraged everyone in the room to join. (Please do.)

But the main outcome was ESC.

Now, some background for those not familiar with ProjectVRM.

From its start at the Berkman Klein Center in 2006, ProjectVRM has had (says here) “the immodest ambition of turning business on its head — for its own good, and for everyone else’s as well.” Perhaps ESC will be the thing to do that, after sixteen years of encouraging countless other efforts, some of which are listed here. (There is no easy way to keep up with all of them.)

If you’re interested in joining this cabal, write to me (the email is doc @ my last name dot com). You can also follow along on the ProjectVRM mailing list.

 

 

Why personal agency matters more than personal data

Lately a lot of thought, work and advocacy has been going into valuing personal data as a fungible commodity: one that can be made scarce, bought, sold, traded and so on.  While there are good reasons to challenge whether or not data can be property (see Jefferson and  Renieris), I want to focus on a different problem: the one best to solve first: the need for personal agency in the online world.

I see two reasons why personal agency matters more than personal data.

The first reason we have far too little agency in the networked world is that we settled, way back in 1995, on a model for websites called client-server, which should have been called calf-cow or slave-master, because we’re always the weaker party: dependent, subordinate, secondary. In defaulted regulatory terms, we clients are mere “data subjects,” and only server operators are privileged to be “data controllers,” “data processors,” or both.

Fortunately, the Net’s and the Web’s base protocols remain peer-to-peer, by design. We can still build on those. And it’s early.

A critical start in that direction is making each of us the first party rather than the second when we deal with the sites, services, companies and apps of the world—and doing that at scale across all of them.

Think about how much more simple and sane it is for websites to accept our terms and our privacy policies, rather than to force each of us, all the time, to accept their terms, all expressed in their own different ways. (Because they are advised by different lawyers, equipped by different third parties, and generally confused anyway.)

Getting sites to agree to our own personal terms and policies is not a stretch, because that’s exactly what we have in the way we deal with each other in the physical world.

For example, the clothes that we wear are privacy technologies. We also have  norms that discourage others from doing rude things, such as sticking their hands inside our clothes without permission.

We don’t yet have those norms online, because we have no clothing there. The browser should have been clothing, but instead it became an easy way for adtech and its dependents in digital publishing to plant tracking beacons on our naked digital selves, so they could track us like marked animals across the digital frontier. That this normative is no excuse. Tracking people without their conscious and explicit invitation—or a court order—is morally wrong, massively rude, and now (at least hopefully) illegal under the GDPR and other privacy laws.

We can easily create privacy tech, personal terms and personal privacy policies that are normative and scale for each of us across all the entities that deal with us. (This is what ProjectVRM’s nonprofit spin-off, Customer Commons, is about.)

It is the height of fatuity for websites and services to say their cookie notice settings are “your privacy choices” when you have no power to offer, or to make, your own privacy choices, with records of those choices that you keep.

The simple fact of the matter is that businesses can’t give us privacy if we’re always the second parties clicking “agree.” It doesn’t matter how well-meaning and GDPR-compliant those businesses are. Making people second parties in all cases is a design flaw in every standing “agreement” we “accept.” And we need to correct that.

The second reason agency matters more than data is that nearly the entire market for personal data today is adtech, and adtech is too dysfunctional, too corrupt, too drunk on the data it already has, and absolutely awful at doing what they’ve harvested that data for, which is so machines can guess at what we might want before they shoot “relevant” and “interest-based” ads at our tracked eyeballs.

Not only do tracking-based ads fail to convince us to do a damn thing 99.xx+% of the time, but we’re also not buying something most of the time as well.

As incentive alignments go, adtech’s failure to serve the actual interests of its targets verges on absolute. (It’s no coincidence that more than a year ago, up to 1.7 billion people were already blocking ads online.)

And hell, what they do also isn’t really advertising, even though it’s called that. It’s direct marketing, which gives us junk mail and is the model for spam. (For more on this, see Separating Advertising’s Wheat and Chaff.)

Privacy is personal. That means privacy is an effect of personal agency, projected by personal tech and by personal expressions of intent that others can respect without working at it. We have that in the offline world. We can have it in the online world too.

Privacy is not something given to us by companies or governments, no matter how well they do Privacy by Design or craft their privacy policies. Top-down privacy simply can’t work.

In the physical world we got privacy tech and norms before we got privacy law. In the networked world we got the law first. That’s why the GDPR has caused so much confusion. Good and helpful though it may be, it is the regulatory cart in front of the technology horse. In the absence of privacy tech, we also failed to get the norms that would normally and naturally guide lawmaking.

So let’s get the tech horse back in front of the lawmaking cart. If we don’t do that first, adtech will stay in control. And we know how that movie goes, because it’s a horror show and we’re living in it now.

 

Our radical hack on the whole marketplace

In Disruption isn’t the whole VRM story, I visited the Tetrad of Media Effects, from Laws of Media: the New Science, by Marshall and Eric McLuhan. Every new medium (which can be anything from a stone arrowhead to a self-driving car), the McLuhans say, does four things, which they pose as questions that can have multiple answers, and they visualize this way:

tetrad-of-media-effects

The McLuhans also famously explained their work with this encompassing statement: We shape our tools and thereafter they shape us.

This can go for institutions, such as businesses, and whole marketplaces, as well as people. We saw that happen in a big way with contracts of adhesion: those one-sided non-agreements we click on every time we acquire a new login and password, so we can deal with yet another site or service online.

These were named in 1943 by the law professor Friedrich “Fritz” Kessler in his landmark paper, “Contracts of Adhesion: Some Thoughts about Freedom of Contract.” Here is pretty much his whole case, expressed in a tetrad:

contracts-of-adhesion

Contracts of adhesion were tools industry shaped, was in turn shaped by, and in turn shaped the whole marketplace.

But now we have the Internet, which by design gives everyone on it a place to stand, and, like Archimedes with his lever, move the world.

We are now developing that lever, in the form of terms any one of us can assert, as a first party, and the other side—the businesses we deal with—can agree to, automatically. Which they’ll do it because it’s good for them.

I describe our first two terms, both of which have potentials toward enormous changes, in two similar posts put up elsewhere: 

— What if businesses agreed to customers’ terms and conditions? 

— The only way customers come first

And we’ll work some of those terms this week, fittingly, at the Computer History Museum in Silicon Valley, starting tomorrow at VRM Day and then Tuesday through Thursday at the Internet Identity Workshop. I host the former and co-host the latter, our 24th. One is free and the other is cheap for a conference.

Here is what will come of our work:
personal-terms

Trust me: nothing you can do is more leveraged than helping make this happen.

See you there.

 

“Disruption” isn’t the whole VRM story

250px-mediatetrad-svg

The vast oeuvre of Marshall McLuhan contains a wonderful approach to understanding media called the tetrad (i.e. foursome) of media effects.  You can apply it to anything, from stone tools to robots. McLuhan unpacks it with four questions:

  1. What does the medium enhance?
  2. What does the medium make obsolete?
  3. What does the medium retrieve that had been obsolesced earlier?
  4. What does the medium reverse or flip into when pushed to extremes?

I suggest that VRM—

  1. Enhances CRM
  2. Obsoletes marketing guesswork, especially adtech
  3. Retrieves conversation
  4. Reverses or flips into the bazaar

Note that many answers are possible. That’s why McLuhan poses the tetrad as questions. Very clever and useful.

I bring this up for three reasons:

  1. The tetrad is also helpful for understanding every topic that starts with “disruption.” Because a new medium (or technology) does much more than just disrupt or obsolete an old one—yet not so much more that it can’t be understood inside a framework.
  2. The idea from the start with VRM has never been to disrupt or obsolete CRM, but rather to give it a hand to shake—and a way customers can pull it out of the morass of market-makers (especially adtech) that waste its time, talents and energies.
  3. After ten years of ProjectVRM, we still don’t have a single standardized base VRM medium (e.g. a protocol), even though we have by now hundreds of developers we call VRM in one way or another. Think of this missing medium as a single way, or set of ways, that VRM demand can interact with CRM supply, and give every customer scale across all the companies they deal with. We’ve needed that from the start. But perhaps, with this handy pedagogical tool, we can look thorugh one framework toward both the causes and effects of what we want to make happen.

I expect this framework to be useful at VRM Day (May 1 at the Computer History Museum) and at IIW on the three days that follow there.

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VRM Day: Starting Phase Two

VRM Day is today, 24 October, at the Computer History Museum. IIW follows, over the next three days at the same place. (The original version of this post was October 17.)

We’ve been doing VRM Days since (let’s see…) this one in 2013, and VRM events since this one in 2007. Coming on our tenth anniversary, this is our last in Phase One.

sisyphusTheRolling snowball difference between Phase One and Phase Two is that between rocks and snowballs. In Phase One we played Sisyphus, pushing a rock uphill. In Phase Two we roll snowballs downhill.

Phase One was about getting us to the point where VRM was accepted by many as a thing bound to happen. This has taken ten years, but we are there.

Phase Two is about making it happen, by betting our energies on ideas and work that starts rolling downhill and gaining size and momentum.

Some of that work is already rolling. Some is poised to start. Both kinds will be on the table at VRM Day. Here are ones currently on the agenda:

  • VRM + CRM via JLINC. See At last: a protocol to link VRM and CRM. , and The new frontier for CRM is CDL: customer driven leads. This is a one form of intentcasting that should be enormously appealing to CRM companies and their B2B corporate customers. Speaking of which, we also have—
  • Big companies welcoming VRM.  Leading this is Fing, a French think tank that brings together many of the country’s largest companies, both to welcome VRM and to research (e.g. through Mesinfos) how the future might play out. Sarah Medjek of Fing will present that work, and lead discussion of where it will head next. We will also get a chance to participate in that research by providing her with our own use cases for VRM. (We’ll take out a few minutes to each fill out an online form.)
  • Terms individuals assert in dealings with companies. These are required for countless purposes. Mary Hodder will lead discussion of terms currently being developed at Customer Commons and the CISWG / Kantara User Submitted Terms working group (Consent and Information Sharing Working Group). Among other things, this leads to—
  • 2016_04_25_vrmday_000-1Next steps in tracking protection and ad blocking. At the last VRM Day and IIW, we discussed CHEDDAR on the server side and #NoStalking on the individual’s side. There are now huge opportunities with both, especially if we can normalize #NoStalking terms for all tracking protection and ad blocking tools.  To prep for this, see  Why #NoStalking is a good deal for publishers, where you’ll find the image on the right, copied from the whiteboard on VRM Day.
  • Blockchain, Identity and VRM. Read what Phil Windley has been writing lately distributed ledgers (e.g. blockchain) and what they bring to the identity discussions that have been happening for 22 IIWs, so far. There are many relevancies to VRM.
  • Personal data. This was the main topic at two recent big events in Europe: MyData2016 in Helsinki and PIE (peronal information economy) 2016 in London.  The long-standing anchor for discussions and work on the topic at VRM Day and IIW is PDEC (Personal Data Ecosystem Consortium). Dean Landsman of PDEC will keep that conversational ball rolling. Adrian Gropper will also brief us on recent developments around personal health data as well.
  • Hacks on the financial system. Kevin Cox can’t make it, but wants me to share what he would have presented. Three links: 1) a one minute video that shows why the financial system is so expensive, 2) part of a blog post respecting his local Water Authority and newly elected government., and 3) an explanation of the idea of how we can build low-cost systems of interacting agents. He adds, “Note the progression from location, to address, to identity, to money, to housing.  They are all ‘the same’.” We will also look at how small business and individuals have more in common than either do with big business. With a hint toward that, see what Xero (the very hot small business accounting software company) says here.
  • What ProjectVRM becomes. We’ve been a Berkman-Klein Center project from the start. We’ve already spun off Customer Commons. Inevitably, ProjectVRM will itself be spun off, or evolve in some TBD way. We need to co-think and co-plan how that will go. It will certainly live on in the DNA of VRM and VRooMy work of many kinds. How and where it lives on organizationally is an open question we’ll need to answer.

Here is a straw man context for all of those and more.

  • Top Level: Tools for people. These are ones which, in legal terms, give individuals power as first parties. In mathematical terms, they make us independent variables, rather than dependent ones. Our focus from the start has been independence and engagement.
    • VRM in the literal sense: whatever engages companies’ CRM or equivalent systems.
    • Intentcasting.
    • PIMS—Personal Information Management Systems. Goes by many names: personal clouds, personal data stores, life management platforms and so on. Ctrl-Shift has done a good job of branding PIMS, however. We should all just go with that.
    • Privacy tools. Such as those provided by tracking protection (and tracking-protective ad blocking).
    • Legal tools. Such as the terms Customer Commons and the CISWG are working on.
    • UI elements. Such as the r-button.
    • Transaction & payment systems. Such as EmanciPay.

Those overlap to some degree. For example, a PIMS app and data store can do all that stuff. But we do need to pull the concerns and categories apart as much as we can, just so we can talk about them.

Kaliya will facilitate VRM Day. She and I are still working on the agenda. Let us know what you’d like to add to the list above, and we’ll do what we can. (At IIW, you’ll do it, because it’s an unconference. That’s where all the topics are provided by participants.)

Again, register here. And see you there.

 

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We’re done with Phase One

Here’s a picture that’s worth more than a thousand words:

maif-vrm

He’s with MAIF, the French insurance company, speaking at MyData 2016 in Helsinki, a little over a month ago. Here’s another:

sean-vrm

That’s Sean Bohan, head of our steering committee, expanding on what many people at the conference already knew.

I was there too, giving the morning keynote on Day 2:

cupfu1hxeaa4thh

It was an entirely new talk. Pretty good one too, especially since  I came up with it the night before.

See, by the end of Day 1, it was clear that pretty much everybody at the conference already knew how market power was shifting from centralized industries to distributed individuals and groups (including many inside centralized industries). It was also clear that most of the hundreds of people at the conference were also familiar with VRM as a market category. I didn’t need to talk about that stuff any more. At least not in Europe, where most of the VRM action is.

So, after a very long journey, we’re finally getting started.

In my own case, the journey began when I saw the Internet coming, back in the ’80s.  It was clear to me that the Net would change the world radically, once it allowed commercial activity to flow over its pipes. That floodgate opened on April 30, 1995. Not long after that, I joined the fray as an editor for Linux Journal (where I still am, by the way, more than 20 years later). Then, in 1999, I co-wrote The Cluetrain Manifesto, which delivered this “one clue” above its list of 95 Theses:

not

And then, one decade ago last month, I started ProjectVRM, because that clue wasn’t yet true. Our reach did not exceed the grasp of marketers in the world. If anything, the Net extended marketers’ grasp a lot more than it did ours. (Shoshana Zuboff says their grasp has metastacized into surveillance capitalism. ) In respect to Gibson’s Law, Cluetrain proclaimed an arrived future that was not yet distributed. Our job was to distribute it.

Which we have. And we can start to see results such as those above. So let’s call Phase One a done thing. And start thinking about Phase Two, whatever it will be.

To get that work rolling, here are a few summary facts about ProjectVRM and related efforts.

First, the project itself could hardly be more lightweight, at least administratively. It consists of:

Second, we have a spin-off: Customer Commons, which will do for personal terms of engagement (one each of us can assert online) what Creative Commons (another Berkman-Klein spinoff) did for copyright.

Third, we have a list of many dozens of developers, which seem to be concentrated in Europe and Australia/New Zealand.  Two reasons for that, both speculative:

  1. Privacy. The concept is much more highly sensitive and evolved in Europe than in the U.S. The reason we most often get goes, “Some of our governments once kept detailed records of people, and those records were used to track down and kill many of them.” There are also more evolved laws respecting privacy. In Australia there have been privacy laws for several years requiring those collecting data about individuals to make it available to them, in forms the individual specifies. And in Europe there is the General Data Protection Regulation, which will impose severe penalties for unwelcome data gathering from individuals, starting in 2018.
  2. Enlightened investment. Meaning investors who want a startup to make a positive difference in the world, and not just give them a unicorn to ride out some exit. (Which seems to have become the default model in the U.S., especially Silicon Valley.)

What we lack is research. And by we I mean the world, and not just ProjectVRM.

Research is normally the first duty of a project at the Berkman Klein Center, which is chartered as a research organization. Research was ProjectVRM’s last duty, however, because we had nothing to research at first. Or, frankly, until now. That’s why we were defined as a development & research project rather than the reverse.

Where and how research on VRM and related efforts happens is a wide open question. What matters is that it needs to be done, starting soon, while the “before” state still prevails in most of the world, and the future is still on its way in delivery trucks. Who does that research matters far less than the research itself.

So we are poised at a transitional point now. Let the conversations about Phase Two commence.

 

 

 

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VRM at MyData2016

mydata2016-image

As it happens I’m in Helsinki right now, for MyData2016, where I’ll be speaking on Thursday morning. My topic: The Power of the Individual. There is also a hackathon (led by DataBusiness.fi) going on during the show, starting at 4pm (local time) today. In no order of priority, here are just some of the subjects and players I’ll be dealing with,  talking to, and talking up (much as I can):

Please let me know what others belong on this list. And see you at the show.

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The Castle Doctrine

home castle

The Castle doctrine has been around a long time. Cicero (106–43 BCE) wrote, “What more sacred, what more strongly guarded by every holy feeling, than a man’s own home?” In Book 4, Chapter 16 of his Commentaries on the Laws of England, William Blackstone (1723–1780 CE) added, “And the law of England has so particular and tender a regard to the immunity of a man’s house, that it stiles it his castle, and will never suffer it to be violated with impunity: agreeing herein with the sentiments of ancient Rome…”

Since you’re reading this online, let me ask, what’s your house here? What sacred space do you strongly guard, and never suffer to be violated with impunity?

At the very least, it should be your browser.

But, unless you’re running tracking protection in the browser you’re using right now, companies you’ve never heard of (and some you have) are watching you read this, and eager to use or sell personal data about you, so you can be delivered the human behavior hack called “interest based advertising.”

Shoshana Zuboff, of Harvard Business School, has a term for this:surveillance capitalism, defined as “a wholly new subspecies of capitalism in which profits derive from the unilateral surveillance and modification of human behavior.”

Almost across the board, advertising-supported publishers have handed their business over to adtech, the surveillance-based (they call it “interactive”) wing of advertising. Adtech doesn’t see your browser as a sacred personal space, but instead as a shopping cart with ad space that you push around from site to site.

So here is a helpful fact: we don’t go anywhere when we use our browsers. Our browser homes are in our computers, laptops and mobile devices. When we “visit” a web page or site with our browsers, we actually just request its contents (using the hypertext protocol called http or https).

In no case do we consciously ask to be spied on, or abused by content we didn’t ask for or expect. That’s why we have every right to field-strip out anything we don’t want when it arrives at our browsers’ doors.

The castle doctrine is what hundreds of millions of us practice when we use tracking protection and ad blockers. It is what called the new Brave browser into the marketplace. It’s why Mozilla has been cranking up privacy protections with every new version of Firefox . It’s why Apple’s new content blocking feature treats adtech the way chemo treats cancer. It’s why respectful publishers will comply with CHEDDAR. It’s why Customer Commons is becoming the place to choose No Trespassing signs potential intruders will obey. And it’s why #NoStalking is a good deal for publishers.

The job of every entity I named in the last paragraph — and every other one in a position to improve personal privacy online — is to bring as much respect to the castle doctrine in the virtual world as we’ve had in the physical one for more than two thousand years.

It should help to remember that it’s still early. We’ve only had commercial activity on the Internet since April 1995. But we’ve also waited long enough. Let’s finish making our homes online the safe places they should have been in the first place.

 

The coming collapse of surveillance marketing

A few minutes ago, on a mailing list, somebody asked me if Google hadn’t shown people don’t mind having personal data harvested as long as they get value in exchange for it. Here’s what I answered:

It’s not about Google — or Google alone. It’s about the wanton and widespread harvesting of personal data without permission, by pretty much the entire digital marketing field, or what it has become while in maximum thrall of Big Data.

That this is normative in the extreme does not make it right, or even sustainable. The market — customers like you and me — doesn’t like it. Technologists, sooner or later, will provide customers with means of control they still lack today.

The plain fact is that most people don’t like surveillance-based marketing. Study after study (by TRUSTe, Pew, Customer Commons and others) have shown that 90+% of people have problems with the way their data and their privacy are abused online.

The Tradeoff Fallacy: How Marketers Are Misrepresenting American Consumers and Opening Them Up to Exploitation” by Annenberg (at the U. of Pa) says,

a majority of Americans are resigned to giving up their data—and that is why many appear to be engaging in tradeoffs. Resignation occurs when a person believes an undesirable outcome is inevitable and feels powerless to stop it. Rather than feeling able to make choices, Americans believe it is futile to manage what companies can learn about them. The study reveals that more than half do not want to lose control over their information but also believe this loss of control has already happened.

More from Penn News:

Survey respondents were asked whether they would accept “tradeoffs,” such as discounts, in exchange for allowing their supermarkets to collect information about their grocery purchases.  Among the key findings:

    • 91 percent disagree (77 percent of them strongly) that “if companies give me a discount, it is a fair exchange for them to collect information about me without my knowing.”
    • 71 percent disagree (53 percent of them strongly) that “it’s fair for an online or physical store to monitor what I’m doing online when I’m there, in exchange for letting me use the store’s wireless Internet, or Wi-Fi, without charge.”
    • 55 percent disagree (38 percent of them strongly) that “it’s okay if a store where I shop uses information it has about me to create a picture of me that improves the services they provide for me.”
Only about 4 percent agree or agree strongly with all three propositions.

But 58 percent agreed with both of the following two statements that together indicate resignation:  “I want to have control over what marketers know about me online” and “I’ve come to accept that I have little control over what marketers can learn about me online.”

The Net we know today was born only twenty years ago, when it opened to commercial activity. We are still naked there, lacking in clothing and shelter (to name two familiar privacy technologies in the physical world). Eventually we’ll have clothing and shelter in many forms, good means for preventing and permitting the ways others deal with us, and full agency in our dealings with business and government.

In the meantime we’ll have a status quo to which we remain resigned.

I suspect that even Google knows this will change.

Bonus Link.

Think about an irony here. Most brick-and-mortar merchants would be appalled at the thought of placing tracking beacons on visiting customers, to spy on them after they leave the store, just so they can be “delivered” a better “advertising experience.” And obviously, customers would hate it too. Yet many of the same merchants hardly think twice about doing the same online.

This will change because there is clear market sentiment against it. We see this through pressure toward regulation (especially in Europe), and through ad and tracking blocking rates that steadily increase.

But both regulation and blockers are stone tools. Eventually we’ll get real clothing and shelter.

That’s what we’ve been working on here with ProjectVRM. It’s taking longer than we expected at first, but it will happen, and not just because there is already a lot of VRM development going on.

It will happen because we have the Net, and the Net is not just Google and Facebook and other modern industrial giants. The Net is where all of those companies live, in the company of customers, to whom, — sooner or later, they become accountable.

Right now marketing is not taking the massive negative externalities of surveillance into account, mostly because marketing is a B2B rather than a B2C business, and there persists a blindered mania around Big Data. But they will take those externalities into account eventually, because the Cs of the world will gain the power to protect themselves against unwanted surveillance, and will provide far more useful economic signaling to the businesses of the world than marketing can ever guess at.

Once that happens, the surveillance marketing business, and what feeds it, will collapse.

“A house divided against itself cannot stand,” Lincoln said. That was in 1858, and in respect to slavery. In 2015 the language of marketing — in which customers are “targets” to be “acquired,” “controlled,” “managed” and “locked in” — is not much different than the language of slave owners in Lincoln’s time.

This will change for the simple reason that we are not slaves. We are the ones with the money, the choice about patronage, and the network. Companies that give us full respect will be the winners in the long run. Companies that continue to treat us as less than human will suffer the consequences.

Preparing for the 3D/VR future

Look in the direction that meerkatMeerkat and periscopeappPeriscope both point.

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

  1. Stereo sound is coming. So is binaural sound, with its you-are-there qualities.
  2. 3D will come too, of course, especially as mobile devices start to include two microphones and two cameras.
  3. The end state of both those developments is VR, or virtual reality. At least on the receiving end.

The production end is a different animal. Or herd of animals, eventually. Expect professional gear from all the usual sources, showing up at CES starting next year and on store shelves shortly thereafter. Walking around like a dork holding a mobile in front of you will look in 2018 like holding a dial-phone handset to your head looks today.

I expect the most handy way to produce 3D and VR streams will be with  glasses like these:

srlzglasses

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

Now pause to dig @ctrlzee‘s Fast Company report on Facebook’s 10-year plan to trap us inside 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 broadcast and/or recorded by others or not? What are the social and device protocols for that? (The VRM dev community has designed one for the glasses above. See the ⊂ ⊃ in the glasses? That’s one. Each corner light is another.)

We should start zero-basing the answers today, while the inevitable is in sight but isn’t here yet. Empathy is the first requirement. (Take the time to dig Dave Winer’s 12-minute podcast on the topic. It matters.) Getting permission is another.

As for the relevance of standing law, almost none of it applies at the technical level. Simply put, 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 an age that has barely started? Or why start with laws at all? (Nearly all regulation protects yesterday from last Thursday. And too often its crafted 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. Which means that, relatively speaking, networked life is Eden. It’s brand new here, and we’re all naked. That’s why it’s so easy anybody to see everything about us online.

How will we create the digital equivalents of the privacy technologies we call clothing and shelter? Is the first answer a technical one, a policy one, or both? Which should come first? (In Europe and Australia, policy already has.)

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 barely have those yet, if at all. None of the big companies that currently 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 financially accountable to us.

Apple, for example, is doing more and more to isolate personal data to spaces the individual controls and the company can’t see. Google and Facebook both seem to regard personal privacy as a bug in online life, rather than a feature of it. (Note that, at least for their most popular services, we pay those two companies nothing. 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?

We’ll be talking about this, and many other things, at VRM Day (6 April) and IIW (7-9 April) in the Computer History Museum in downtown Silicon Valley (101 & Shoreline, Mountain View).

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