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agree not to track

It’s P7012: Standard for Machine Readable Personal Privacy Terms, which “identifies/addresses the manner in which personal privacy terms are proffered and how they can be read and agreed to by machines.”

P7012 is being developed by a working group of the IEEE. Founded in 1963, the IEEE is the largest association of technical professionals in the world and is serious in the extreme.

This standard will guide the way the companies of the world agree to your terms. Not how you agree to theirs. We have the latter “system” right now and it is failing utterly, massively, and universally. Let me explain.

First, company privacy policies aren’t worth the pixels they’re printed on. They can change on a whim, and there is nothing binding about them anyway.

Second, the system of “agreements” we have today do nothing more than put fig leaves over the hard-ons companies have for information about you: information you give up when you agree to a consent notice.

Consent notices are those banners or pop-overs that site owners use to halt your experience and shake down consent to violations of your privacy. There’s usually a big button that says ACCEPT, and some smaller print with a link going to “settings.” Those urge you to switch on or off the “necessary,” “functional,” “performance,” and “targeting” or “marketing” cookies that the site would like to jam into your browser.

Regardless of what you “choose,” there are no simple or easy ways to discover or dispute violations of your “agreement” to anything. Worse, you have to do this with nearly every freaking website you encounter, universalizing the meaninglessness of the whole thing.

But what if sites and services agreed to your terms, soon as you show up?

We have that in the natural world, where it is impolite in the extreme to look under the personal privacy protections called clothing. Or to penetrate other personal privacy protections, such as shelter, doors, shades, and locks. Or to plant tracking beacons on people to follow them like marked animals. There are social contracts forbidding all of those. We expect that contract to be respected, and for the most part it is.

But we have no such social contracts on the Net. In fact, we have the opposite: a feeding frenzy on private information about us, made possible by our powerlessness to stop it, plus boundless corporate rationalization.

We do have laws meant to reduce that frenzy by making some of it illegal. Others are in the works, most notably in Europe. What they have done to stop it so far rounds to zero. In his latest book, ADSCAM: How Online Advertising Gave Birth to One of History’s Greatest Frauds, and Became a Threat to Democracy, Bob Hoffman has a much more sensible and effective policy suggestion than any others we’ve seen: simply ban tracking.

While we wait for that, we can use the same kind of tool that companies are using: a simple contract. Sign here. Electronically. That’s what P7012 will standardize.

There is nothing in the architecture of the Net or the Web to prevent a company from agreeing to personal terms.

In fact, at its base—in the protocol called TCP/IP—the Internet is a peer-to-peer system. It does not consign us to subordinate status as mere “users,” “consumers,” “eyeballs,” or whatever else marketers like to call us.

To perform as full peers in today’s online world, we need easy ways for company machines to agree to the same kind of personal terms we express informally in the natural world. That’s what P7012 will make possible.

I’m in that working group, and we’ve been at it for more than two years. We expect to have it done in the next few months. If you want to know more about it, or to help, talk to me.

And start thinking about what kind of standard-form and simple terms a person might proffer: ones that are agreeable to everyone. Because we will need them. And when we get them, surveillance capitalism can finally be replaced by a much larger and friendlier economy: one based on actual customer intentions rather than manipulations based on guesswork and horrible manners.

One candidate is #NoStalking, aka P2B1beta. #NoStalking was developed with help from the Cyberlaw Clinic at Harvard Law School and the Berkman Klein Center, and says “Just give me ads not based on tracking me.” In other words, it does permit advertising and welcomes sites and services making money that way. (This is how the advertising business worked for many decades before it started driving drunk on personal data.)

Constructive and friendly agreements such as #NoStalking will help businesses withdraw from their addiction to tracking, and make it easier for businesses to hear what people actually want.

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In one of his typically trenchant posts, titled Attentive, Scott Galloway (@profgalloway) compares human attention to oil, meaning an extractive commodity:

We used to refer to an information economy. But economies are defined by scarcity, not abundance (scarcity = value), and in an age of information abundance, what’s scarce? A: Attention. The scale of the world’s largest companies, the wealth of its richest people, and the power of governments are all rooted in the extraction, monetization, and custody of attention.

I have no argument with where Scott goes in the post. He’s right about all of it. My problem is with framing it inside the ad-supported platform and services industry. Outside of that industry is actual human attention, which is not a commodity at all.

There is nothing extractive in what I’m writing now, nor in your reading of it. Even the ads you see and hear in the world are not extractive. They are many things for sure: informative, distracting, annoying, interrupting, and more. But you do not experience some kind of fungible good being withdrawn from your life, even if that’s how the ad business thinks about it.

My point here is that reducing humans to beings who are only attentive—and passively so—is radically dehumanizing, and it is important to call that out. It’s the same reductionism we get with the word “consumers,” which Jerry Michalski calls “gullets with wallets and eyeballs”: creatures with infinite appetites for everything, constantly swimming upstream through a sea of “content.” (That’s another word that insults the infinite variety of goods it represents.)

None of us want our attention extracted, processed, monetized, captured, managed, controlled, held in custody, locked in, or subjected to any of the other verb forms that the advertising world uses without cringing. That the “attention economy” produces $trillions does not mean we want to be part of it, that we like it, or that we wish for it to persist, even though we participate in it.

Like the economies of slavery, farming, and ranching, the advertising economy relies on mute, passive, and choice-less participation by the sources of the commodities it sells. Scott is right when he says “You’d never say (much of) this shit to people in person.” Because shit it is.

Scott’s focus, however, is on what the big companies do, not on what people can do on their own, as free and independent participants in networked whatever—or as human beings who don’t need platforms to be social.

At this point in history it is almost impossible to think outside of platformed living. But the Internet is still as free and open as gravity, and does not require platforms to operate. And it’s still young: at most only decades old. In how we experience it today, with ubiquitous connectivity everywhere there’s a cellular data connection, it’s a few years old, tops.

The biggest part of that economy extracts personal data as a first step toward grabbing personal attention. That is the actual extractive part of the business. Tracking follows it. Extracting data and tracking people for ad purposes is the work of what we call adtech. (And it is very different from old-fashioned brand advertising, which does want attention, but doesn’t track or target you personally. I explain the difference in Separating Advertising’s Wheat and Chaff.)

In How the Personal Data Extraction Industry Ends, which I wrote in August 2017, I documented how adtech had grown in just a few years, and how I expected it would end when Europe’s GDPR became enforceable starting the next May.

As we now know, GDPR enforcement has done nothing to stop what has become a far more massive, and still growing, economy. At most, the GDPR and California’s CCPA have merely inconvenienced that economy, while also creating a second economy in compliance, one feature of which is the value-subtract of websites worsened by insincere and misleading consent notices.

So, what can we do?

The simple and difficult answer is to start making tools for individuals, and services leveraging those tools. These are tools empowering individuals with better ways to engage the world’s organizations, especially businesses. You’ll find a list of fourteen different kinds of such tools and services here. Build some of those and we’ll have an intention economy that will do far more for business than what it’s getting now from the attention economy, regardless of how much money that economy is making today.

Twelve years ago, I posted The Data Bubble. It began,

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 is the rest of the list (sans one that goes to a link-proof Flash thing):

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.

In fact, I had been calling the tracking-based advertising business (now branded adtech or ad-tech) a bubble for some time. For example, in Why online advertising sucks, and is a bubble (31 October 2008) and After the advertising bubble bursts (23 March 2009). But I didn’t expect my own small voice to have much effect. But this was different. What They Know was written by a crack team of writers, researchers, and data visualizers. It was led by Julia Angwin and truly Pulitzer-grade stuff. It  was so well done, so deep, and so sharp, that I posted a follow-up report three months later, called The Data Bubble II. In that one, I wrote,

That same series is now nine stories long, not counting the introduction and a long list of related pieces. Here’s the current list:

  1. The Web’s Gold Mine: What They Know About You
  2. Microsoft Quashed Bid to Boost Web Privacy
  3. On the Web’s Cutting Edge: Anonymity in Name Only
  4. Stalking by Cell Phone
  5. Google Agonizes Over Privacy
  6. Kids Face Intensive Tracking on Web
  7. ‘Scrapers’ Dig Deep for Data on the Web
  8. Facebook in Privacy Breach
  9. A Web Pioneer Profiles Users By Name

Related pieces—

Two things I especially like about all this. First, Julia Angwin and her team are doing a terrific job of old-fashioned investigative journalism here. Kudos for that. Second, the whole series stands on the side of readers. The second person voice (youyour) is directed to individual persons—the same persons who do not sit at the tables of decision-makers in this crazy new hyper-personalized advertising business.

To measure the delta of change in that business, start with John Battelle‘s Conversational Marketing series (post 1post 2post 3) from early 2007, and then his post Identity and the Independent Web, from last week. In the former he writes about how the need for companies to converse directly with customers and prospects is both inevitable and transformative. He even kindly links to The Cluetrain Manifesto (behind the phrase “brands are conversations”).

It was obvious to me that this fine work would blow the adtech bubble to a fine mist. It was just a matter of when.

Over the years since, I’ve retained hope, if not faith. Examples: The Data Bubble Redux (9 April 2016), and Is the advertising bubble finally starting to pop? (9 May 2016, and in Medium).

Alas, the answer to that last one was no. By 2016, Julia and her team had long since disbanded, and the original links to the What They Know series began to fail. I don’t have exact dates for which failed when, but I do know that the trusty master link, wjs.com/wtk, began to 404 at some point. Fortunately, Julia has kept much of it alive at https://juliaangwin.com/category/portfolio/wall-street-journal/what-they-know/. Still, by the late Teens it was clear that even the best journalism wasn’t going to be enough—especially since the major publications had become adtech junkies. Worse, covering their own publications’ involvement in surveillance capitalism had become an untouchable topic for journalists. (One notable exception is Farhad Manjoo of The New York Times, whose coverage of the paper’s own tracking was followed by a cutback in the practice.)

While I believe that most new laws for tech mostly protect yesterday from last Thursday, I share with many a hope for regulatory relief. I was especially jazzed about Europe’s GDPR, as you can read in GDPR will pop the adtech bubble (12 May 2018) and Our time has come (16 May 2018 in ProjectVRM).

But I was wrong then too. Because adtech isn’t a bubble. It’s a death star in service of an evil empire that destroys privacy through every function it funds in the digital world.

That’s why I expect the American Data Privacy and Protection Act (H.R. 8152), even if it passes through both houses of Congress at full strength, to do jack shit. Or worse, to make our experience of life in the digital world even more complicated, by requiring us to opt-out, rather than opt-in (yep, it’s in the law—as a right, no less), to tracking-based advertising everywhere. And we know how well that’s been going. (Read this whole post by Tom Fishburne, the Marketoonist, for a picture of how less than zero progress has been made, and how venial and absurd “consent” gauntlets on websites have become.) Do a search for https://www.google.com/search?q=gdpr+compliance to see how large the GDPR “compliance” business has become. Nearly all your 200+ million results will be for services selling obedience to the letter of the GDPR while death-star laser beams blow its spirit into spinning shards. Then expect that business to grow once the ADPPA is in place.

There is only thing that will save us from adtech’s death star.

That’s tech of our own. Our tech. Personal tech.

We did it in the physical world with the personal privacy tech we call clothing, shelter, locks, doors, shades, and shutters. We’ve barely started to make the equivalents for the digital world. But the digital world is only a few decades old. It will be around for dozens, hundreds, or thousands of decades to come. And adtech is still just a teenager. We can, must, and will do better.

All we need is the tech. Big Tech won’t do it for us. Nor will Big Gov.

The economics will actually help, because there are many business problems in the digital world that can only be solved from the customers’ side, with better signaling from demand to supply than adtech-based guesswork can ever provide. Customer Commons lists fourteen of those solutions, here. Privacy is just one of them.

Use the Force, folks.

That Force is us.

There’s an economic theory here: Free customers are more valuable than captive onesto themselves, to the companies they deal with, and to the marketplace. If that’s true, the intention economy will prove it. If not, we’ll stay stuck in the attention economy, where the belief that captive customers are more valuable than free ones prevails.

Let me explain.

The attention economy is not native to human attention. It’s native to businesses that  seek to grab and manipulate buyers’ attention. This includes the businesses themselves and their agents. Both see human attention as a “resource” as passive and ready for extraction as oil and coal. The primary actors in this economy—purveyors and customers of marketing and advertising services—typically talk about human beings not only as mere “users” and “consumers,” but as “targets” to “acquire,” “manage,” “control” and “lock in.” They are also oblivious to the irony that this is the same language used by those who own cattle and slaves.

While attention-grabbing has been around for as long as we’ve had yelling, in our digital age the fields of practice (abbreviated martech and adtech) have become so vast and varied that nobody (really, nobody) can get their head around everything that’s going on in them. (Examples of attempts are here, here and here.)

One thing we know for sure is that martech and adtech rationalize taking advantage of absent personal privacy tech in the hands of their targets. What we need there are the digital equivalents of the privacy tech we call clothing and shelter in the physical world. We also need means to signal our privacy preferences, to obtain agreements to those, and to audit compliance and resolve disputes. As it stands in the attention economy, privacy is a weak promise made separately by websites and services that are highly incentivised not to provide it. Tracking prophylaxis in browsers is some help, but itworks differently for every browser and it’s hard to tell what’s actually going on.

Another thing we know for sure is that the attention economy is thick with fraud, malware, and worse. For a view of how much worse, look at any adtech-supported website through PageXray and see the hundreds or thousands of ways sthe site and its invisible partners are trying to track you. (For example, here’s what Smithsonian Magazine‘s site does.)

We also know that lawmaking to stop adtech’s harms (e.g. GDPR and CCPA) has thus far mostly caused inconvenience for you and me (how many “consent” notices have interrupted your web surfing today?)—while creating a vast new industry devoted to making tracking as easy as legally possible. Look up GDPR+compliance and you’ll get way over 100 million results. Almost all of those will be for companies selling other companies ways to obey the letter of privacy law while violating its spirit.

Yet all that bad shit is also a red herring, misdirecting attention away from the inefficiencies of an economy that depends on unwelcome surveillance and algorithmic guesswork about what people might want.

Think about this: even if you apply all the machine learning and artificial intelligence in the world to all the personal data that might be harvested, you still can’t beat what’s possible when the targets of that surveillance have their own ways to contact and inform sellers of what they actually want and don’t want, plus ways to form genuine relationships and express genuine (rather than coerced) loyalty, and to do all of that at scale.

We don’t have that yet. But when we do, it will be an intention economy. Here are the opening paragraphs of The Intention Economy: When Customers Take Charge (Harvard Business Review Press, 2012):

This book stands with the customer. This is out of necessity, not sympathy. Over the coming years, customers will be emancipated from systems built to control them. They will become free and independent actors in the marketplace, equipped to tell vendors what they want, how they want it, where and when—even how much they’d like to pay—outside of any vendor’s system of customer control. Customers will be able to form and break relationships with vendors, on customers’ own terms, and not just on the take-it-or-leave-it terms that have been pro forma since Industry won the Industrial Revolution.

Customer power will be personal, not just collective.  Each customer will come to market equipped with his or her own means for collecting and storing personal data, expressing demand, making choices, setting preferences, proffering terms of engagement, offering payments and participating in relationships—whether those relationships are shallow or deep, and whether they last for moments or years. Those means will be standardized. No vendor will control them.

Demand will no longer be expressed only in the forms of cash, collective appetites, or the inferences of crunched data over which the individual has little or no control. Demand will be personal. This means customers will be in charge of personal information they share with all parties, including vendors.

Customers will have their own means for storing and sharing their own data, and their own tools for engaging with vendors and other parties.  With these tools customers will run their own loyalty programs—ones in which vendors will be the members. Customers will no longer need to carry around vendor-issued loyalty cards and key tags. This means vendors’ loyalty programs will be based on genuine loyalty by customers, and will benefit from a far greater range of information than tracking customer behavior alone can provide.

Thus relationship management will go both ways. Just as vendors today are able to manage relationships with customers and third parties, customers tomorrow will be able to manage relationships with vendors and fourth parties, which are companies that serve as agents of customer demand, from the customer’s side of the marketplace.

Relationships between customers and vendors will be voluntary and genuine, with loyalty anchored in mutual respect and concern, rather than coercion. So, rather than “targeting,” “capturing,” “acquiring,” “managing,” “locking in” and “owning” customers, as if they were slaves or cattle, vendors will earn the respect of customers who are now free to bring far more to the market’s table than the old vendor-based systems ever contemplated, much less allowed.

Likewise, rather than guessing what might get the attention of consumers—or what might “drive” them like cattle—vendors will respond to actual intentions of customers. Once customers’ expressions of intent become abundant and clear, the range of economic interplay between supply and demand will widen, and its sum will increase. The result we will call the Intention Economy.

This new economy will outperform the Attention Economy that has shaped marketing and sales since the dawn of advertising. Customer intentions, well-expressed and understood, will improve marketing and sales, because both will work with better information, and both will be spared the cost and effort wasted on guesses about what customers might want, and flooding media with messages that miss their marks. Advertising will also improve.

The volume, variety and relevance of information coming from customers in the Intention Economy will strip the gears of systems built for controlling customer behavior, or for limiting customer input. The quality of that information will also obsolete or re-purpose the guesswork mills of marketing, fed by crumb-trails of data shed by customers’ mobile gear and Web browsers. “Mining” of customer data will still be useful to vendors, though less so than intention-based data provided directly by customers.

In economic terms, there will be high opportunity costs for vendors that ignore useful signaling coming from customers. There will also be high opportunity gains for companies that take advantage of growing customer independence and empowerment.

But this hasn’t happened yet. Why?

Let’s start with supply and demand, which is roughly about price. Wikipedia: “the relationship between the price of a given good or product and the willingness of people to either buy or sell it.” But that wasn’t the original idea. “Supply and demand” was first expressed as “demand and supply” by Sir James Denham-Steuart in An Inquiry into the Principles of Political Oeconomy, written in 1767. To Sir James, demand and supply wasn’t about price. Specifically, “it must constantly appear reciprocal. If I demand a pair of shoes, the shoemaker either demands money or something else for his own use.” Also, “The nature of demand is to encourage industry.”

Nine years later, in The Wealth of Nations, Adam Smith, a more visible bulb in the Scottish Enlightenment, wrote, “The real and effectual discipline which is exercised over a workman is that of his customers. It is the fear of losing their employment which restrains his frauds and corrects his negligence.” Again, nothing about price.

But neither of those guys lived to see the industrial age take off. When that happened, demand became an effect of supply, rather than a cause of it. Supply came to run whole markets on a massive scale, with makers and distributors of goods able to serve countless customers in parallel. The industrial age also ubiquitized standard-form contracts of adhesion binding all customers to one supplier with a single “agreement.”

But, had Sir James and Adam lived into the current millennium, they would have seen that it is now possible, thanks to digital technologies and the Internet, for customers to achieve scale across many companies, with efficiencies not imaginable in the pre-digital industrial age.

For example, it should be possible for a customer to express her intentions—say, “I need a stroller for twins downtown this afternoon”—to whole markets, but without being trapped inside any one company’s walled garden. In other words, not only inside Amazon, eBay or Craigslist. This is called intentcasting, and among its virtues is what Kim Cameron calls “minimum disclosure for constrained purposes” to “justifiable parties” through a choice among a “plurality of operators.”

Likewise, there is no reason why websites and services can’t agree to your privacy policy, and your terms of engagement. In legal terms, you should be able to operate as the first party, and to proffer your own terms, to which sites and services can agree (or, as privacy laws now say, consent) as second parties. That this is barely thinkable is a legacy of a time that has sadly not yet left us: one in which only companies can enjoy that kind of scale. Yet it would clearly be a convenience to have privacy as normalized in the online world as it is in the offline one. But we’re slowly getting there; for example with Customer Commons’ P2B1, aka #NoStalking term, which readers can proffer and publishers can agree agree to. It says “Just give me ads not based on tracking me.” Also with the IEEE’s P7012 Standard for Machine Readable Personal Privacy Terms working group.

Same with subscriptions. A person should be able to keep track of all her regular payments for subscription services, to keep track of new and better deals as they come along, to express to service providers her intentions toward those new deals, and to cancel or unsubscribe. There are lots of tools for this today, for example TruebillBobbyMoney DashboardMintSubscript MeBillTracker ProTrimSubbyCard DueSiftSubMan, and Subscript Me. There are also subscription management systems offered by PaypalAmazonApple and Google (e.g. with Google Sheets and Google Doc templates). But all of them to one degree or another are based more on the felt need by those suppliers for customer captivity than for customer independence.

As Customer Commons unpacks it here, there are many largely or entirely empty market spaces that are wide open for free and independent customers: identity, shopping (e.g. with shopping carts of your own to take from site to site), loyalty (of the genuine kind), property ownership (the real Internet of Things), and payments, for example.

It is possible to fill all those spaces if we have the capacity to—as Sir James put it—encourage industry, restrain fraud and correct negligence. While there is some progress in some of those areas, the going is still slow on the global scale. After all, The Intention Economy is nine years old and we still don’t have it yet. Is it just not possible, or are we starting in the wrong places?

I think it’s the latter.

Way back in 1995, when the Internet first showed up on both of our desktops, my wife Joyce said, “The sweet spot of the Internet isn’t global. It’s local.” That was the gist of my TEDx Santa Barbara talk in 2018. It’s also why Joyce and I are now in Bloomington, Indiana, working with the Ostrom Workshop at Indiana University on deploying a new way for demand and supply to inform each other and get business rolling—and to start locally. It’s called the Byway, and it works outside of the old supply-controlled industrial model. Here’s an FAQ. Please feel free to add questions in the comments here.


The title image is by the great Hugh Macleod, and was commissioned in 2004 for a startup he and I both served and is now long gone.

 

This is a 1999 post on the (pre-blog) website that introduced my handful of readers to The Cluetrain Manifesto, which had just gone up on the Web, and instantly got huge without my help. It was also a dry run for a chapter in the book by the same name, which came out in January, 2000. As best I can recall, I wrote most of it a year earlier, and updated it when Cluetrain was finally published.


Listen Up

By Doc Searls
April 16, 1999 

“All I know is that first you’ve got to get mad. You’ve got to say, I’m a human being, goddammit! My life has value! So I want you to get up now. I want all of you to get up out of your chairs. I want you to get up right now and go to the window, open it, and stick your head out, and yell, ‘I’m as mad as hell, and I’m not going to take this anymore!'”
— Howard Beale, in 
Network, by Paddy Chayevsky


Bob Davis is the CEO of Lycos, Inc., whose growing portfolio of companies (excuse me, portals) now includes LycosHotbotWhoWhere and Tripod. I’m sure Bob is a great guy. And I’m sure Lycos is a great company. A lot of people seem to like them both. And you have to admire both his ambition and his success. To witness both, read his interview with PC Week, where he predicts that the Lycos Network (the sum of all its portals) will overtake Yahoo as “#1 on the Web.”

Lycos will win, Davis says, because “We have a collection of quality properties that are segmented into best-of-breed categories, and our reach has been catapulting.”

I can speak for Hotbot, which is still my first-choice search engine; but by a shrinking margin. I often test search engines by looking for strings of text buried deep in long documents on my own site. Hotbot always won in the past. But since Lycos bought it, Hotbot has become more of a portal and less of a search tool. Its page is now a baffling mass of ads and links. And its searches find less.

In today’s test, Infoseek won. Last week, Excite won. Both found pages that Hotbot seems to have forgotten.

Why? Bob Davis gives us a good answer.

“We’re a media company,” he says. “We make our money by delivering an audience that people want to pay for.”

Note the two different species here: audience and people. And look at their qualities. One is “delivered.” The other pays. In other words, one is cargo and the other is money.

Well, I don’t care if Lycos’ stock goes to the moon and splits three times along the way. The only #1 on the Web is the same as the only #1 on the phone: the people who use it. And the time will come when people will look at portals not as sources of “satisfying experiences” (another of Davis’ lines) but as useless intermediaries between supply and demand.

 

Words of Walt

You there, impotent, loose in the knees,
open your scarfed chops till I blow grit within you.
Spread your palms and lift the flaps of your pockets.
I am not to be denied. I compel.

It is time to explain myself. Let us stand up.
I know I am solid and sound.
To me the converging objects of the universe perpetually flow.

I know that I am august,
I do not trouble my spirit to vindicate itself
or be understood.
I see that the elementary laws never apologize.

.
— Walt Whitman, from 
Song of Myself

 

“Media company” guys like Davis are still in a seller’s market for wisdom that was BS even when only the TV guys spoke it — back when it literally required the movie “Network.” That market will dry up. Why? Because we’ve been mad as hell for about hundred years, and now we don’t have to take it anymore.

Three reasons.

  1. Humanity. This is what Walt Whitman reminded us about more than a hundred years ago. We are not impotent. Media companies may call us seats and eyeballs and targets, but that’s their problem. They don’t get who we are or what we can — and will — do. And the funny thing is, they don’t get that what makes us powerful is what they think makes them powerful: the Internet. It gives us choices. Millions of them. We don’t have to settle for “channels” any more. Or “portals” that offer views of the sky through their own little windows. Or “sticky” sites that are the moral equivalent of flypaper.
  2. DemandThere never was a demand for messages, and now it shows, big time. Because the Internet is a meteor that is smacking the world of business with more force than the rock that offed the dinosaurs, and it is pushing out a tsunami of demand like nothing supply has ever seen. Businesses that welcome the swell are in for some fun surfing. Businesses that don’t are going to drown in it.
  3. Obsolescence. Even the media guys are tired of their own B.S. and are finally in the market for clues.

Alvin Toffler had it right in The Third Wave. Industry (The Second Wave) “violently split apart two aspects of our lives that had always been one… production and consumption… In so doing, it drove a giant invisible wedge into our economy, our psyches … it ripped apart the underlying unity of society, creating a way of life filled with economic tension.” Today all of us play producer roles in our professions and consumer roles in our everyday lives. This chart shows the difference (and tension) between these radically different points of view — both of which all of us hold:

Producer view
Consumer view
Metaphor Business is shipping (“loading the channel,” “moving products,” “delivering messages”) Business is shopping (“browsing,” “looking,” “bargaining,” “buying”)
Orientation Business is about moving goods from one to many (producers to consumers) Business is about buying and selling, one to one
Markets Markets are shooting ranges: consumers are “targets” Markets are markets: places to shop, buy stuff and talk to people
Relationships Primary relationshiphs are with customers, which are more often distributors & retailers rather than consumers Primary relationships are with vendors, and with other customers

 

These are all just clues, which are easily deniable facts. Hence a line once spoken of Apple: “the clue train stopped there four times a day for ten years and they never took delivery.” But Apple was just an obvious offender. All of marketing itself remains clueless so long as it continues to treat customers as “eyeballs,” “targets,” “seats” and “consumers.”

For the past several months, I have been working with Rick Levine, David Weinberger and Chris Locke on a new railroad for clues: a ClueTrain.

Our goal is to burn down Marketing As Usual. Here is the logic behind the ambition:

Markets are conversations
Conversations are fire
Marketing is arson

The result is here — in what The Wall Street Journal calls “presumptuous, arrogant, and absolutely brilliant.”

Take a ride. If you like it, sign up. Feel free to set fires with it, add a few of your own, or flame the ones you don’t agree with. What matters is the conversation. We want everybody talking about this stuff. If they do, MAU is toast.

Here is my own short form of the Manifesto (inspired by Martin Luther, the long version has 95 Theses). Feel free to commit arson with (or to) any of these points as well.


Ten facts about highly effective markets:

  1. Markets are conversations.
    None of the other metaphors for markets — bulls, bears, battlefields, arenas, streets or invisible hands — does full justice to the social nature of markets.
     Real market conversations are social. They happen between human beings. Not between senders and receivers, shooters and targets, advertisers and demographics.
  2. The first markets were markets.
    They were real places that thrived at the crossroads of cultures. They didn’t need a market model, because they were the model market. More than religion, war or family, markets were real places where communities came together. They weren’t just where sellers did business with buyers. They were the place where everybody got together to hang out, talk, tell stories and learn interesting stuff about each other and the larger world.
     
  3. Markets are more about demand than supply.
    The term “market” comes from the latin mercere, which means “to buy.” Even a modern market is called a “shopping center” rather than a “selling center.” Bottom line: every market has more buyers than sellers. And the buyers have the money.
  4. Human voices trump robotic ones.
    Real voices are honest, open, natural, uncontrived. Every identity that speaks has a voice. We know each other by how we sound. That goes for companies and markets as well as people. When a voice is full of shit, we all know it — whether the voice tells us “your call is important to us” or that a Buick is better than a Mercedes.
  5. The real market leaders are people whose minds and hands are worn by the work they do.
    And it has been that way ever since our ancestors’ authority was expressed by surnames that labeled their occupations — names like Hunter, Weaver, Fisher and Smith. In modern parlance, the most knowledge and the best expertise is found at the “point of practice:” That’s where most of the work gets done.
  6. Markets are made by real people.
    Not by surreal abstractions that insult customers by calling them “targets,” “seats,” “audiences,” “demographics” and “eyeballs” — all synonyms for consumers, which Jerry Michalski of Sociate calls “brainless gullets who live only to gulp products and expel cash.”
  7. Business is not a conveyor belt that runs from production to consumption.
    Our goods are more than “content” that we “package” and “move” by “loading” them into a “channel” and “address” for “delivery.” The business that matters most is about shopping, not shipping. And the people who run it are the customers and the people who talk to them.
  8. Mass markets have the same intelligence as germ populations.
    Their virtues are appetite and reproduction. They grow by contagion. Which is why nobody wants to admit belonging to one.
  9. There is no demand for messages.
    To get what this means, imagine what would happen if mute buttons on remote controls delivered “we don’t want to hear this” messages directly back to advertisers.
  10. Most advertising is unaccountable.
    Or worse, it’s useless. An old advertising saying goes, “I know half my advertising is wasted. I just don’t know which half.” But even this is a lie. Nearly all advertising is wasted. Even the most accountable form of advertising — the junk mail we euphemistically call “direct marketing” — counts a 3% response rate as a success. No wonder most of us sort our mail over the trash can. Fairfax Cone, who co-founded Foote Cone & Belding many decades ago, said “Advertising is what you do when you can’t go see somebody. That’s all it is.” With the Net you can go see somebody. More importantly, they can see you. More importantly than that, you can both talk to each other. And make real markets again.

My post yesterday saw action on Techmeme (as I write this, it’s at #2) and on Twitter (from Don Marti, Augustine Fou, et. al.), and in thoughtful blog posts by John Gruber in Daring Fireball and Nick Heer in Pixel Envy. All pushed back on at least some of what I said. Here are some excerpts, plus my responses. First, John:

Doc Searls:

Here’s what’s misleading about this message: Felix would have had none of those trackers following him if he had gone into Settings → Privacy → Tracking, and pushed the switch to off […].

Key fact: it is defaulted to on. Meaning Apple is not fully serious about privacy. If Apple was fully serious, your iPhone would be set to not allow tracking in the first place. All those trackers would come pre-vaporized.

For all the criticism Apple has faced from the ad tech industry over this feature, it’s fun to see criticism that Apple isn’t going far enough. But I don’t think Searls’s critique here is fair. Permission to allow tracking is not on by default — what is on by default is permission for the app to ask. Searls makes that clear, I know, but it feels like he’s arguing as though apps can track you by default, and they can’t.

But I don’t think Searls’s critique here is fair. Permission to allow tracking is not on by default — what is on by default is permission for the app to ask. Searls makes that clear, I know, but it feels like he’s arguing as though apps can track you by default, and they can’t.

Let’s dig down a bit on all this.

What Apple has here is a system for asking in both directions (apps asking to track, and users asking apps not to track). I think this is weird and unclear, while simply disallowing tracking globally would be clear. So would a setting that simply turns off all apps’ ability to track. But that’s not what we have.

Or maybe we do.

On your iPhone or iPad, go to Settings—>Privacy—>Tracking. There you will find a single OFF/ON switch to “Allow Ads to Request to Track.” By default, it is set to ON. (I called AppleCare to be sure about this. The guy I spoke to said yes, it is.) Below that setting is a bit of explanatory text with a “Learn more” link that goes to this long column of text one swipes down some number of times (four on my phone) to read:

Okay, now look in the fifth paragraph (three up from where you’re reading now). There it says that by turning the setting to OFF, “all apps…will be blocked from accessing the device’s Advertising Identifier.” Maybe I’m reading this wrong, but it seems plain to me that this will at least pre-vaporize trackers vectored on the device identifier (technically called IDFA: ID For Advertisers).

After explaining why he thinks the default setting to ON is the better choice, and why he likes it that way (e.g. he can see what apps want to track, surprisingly few do, and he knows which they are), John says this about the IDFA:

IDFA was well-intentioned, but I think in hindsight Apple realizes it was naive to think the surveillance ad industry could be trusted with anything.

And why “ask” an app not to track? Why not “tell”? Or, better yet, “Prevent Tracking By This App”? Does asking an app not to track mean it won’t?

This is Apple being honest. Apple can block apps from accessing the IDFA identifier, but there’s nothing Apple can do to guarantee that apps won’t come up with their own device fingerprinting schemes to track users behind their backs. Using “Don’t Allow Tracking” or some such label instead of “Ask App Not to Track” would create the false impression that Apple can block any and all forms of tracking. It’s like a restaurant with a no smoking policy. That doesn’t mean you won’t go into the restroom and find a patron sneaking a smoke. I think if Apple catches applications circumventing “Ask App Not to Track” with custom schemes, they’ll take punitive action, just like a restaurant might ask a patron to leave if they catch them smoking in the restroom — but they can’t guarantee it won’t happen. (Joanna Stern asked Craig Federighi about this in their interview a few weeks ago, and Federighi answered honestly.)

If Apple could give you a button that guaranteed an app couldn’t track you, they would, and they’d label it appropriately. But they can’t so they don’t, and they won’t exaggerate what they can do.

On Twitter Don Marti writes,

Unfortunately it probably has to be “ask app not to track” because some apps will figure out ways around the policy (like all mobile app store policies). Probably better not to give people a false sense of security if they are suspicious of an app

—and then points to P&G Worked With China Trade Group on Tech to Sidestep Apple Privacy Rules, subtitled “One of world’s largest ad buyers spent years building marketing machine reliant on digital user data, putting it at odds with iPhone maker’s privacy moves” in The Wall Street Journal. In it is this:

P&G marketing chief Marc Pritchard has advocated for a universal way to track users across platforms, including those run by Facebook and Alphabet Inc.’s Google, that protects privacy while also giving marketers information to better hone their messages.

Frustrated with what it saw as tech companies’ lack of transparency, P&G began building its own consumer database several years ago, seeking to generate detailed intelligence on consumer behavior without relying on data gathered by Facebook, Google and other platforms. The information is a combination of anonymous consumer IDs culled from devices and personal information that customers share willingly. The company said in 2019 that it had amassed 1.5 billion consumer identifications world-wide.

China, where Facebook and Google have a limited presence, is P&G’s most sophisticated market for using that database. The company funnels 80% of its digital-ad buying there through “programmatic ads” that let it target people with the highest propensity to buy without presenting them with irrelevant or excessive ads, P&G Chief Executive Officer David Taylor said at a conference last year.

“We are reinventing brand building, from wasteful mass marketing to mass one-to-one brand building fueled by data and technology,” he said. “This is driving growth while delivering savings and efficiencies.”

In response to that, I tweeted,

Won’t app makers find ways to work around the no tracking ask, regardless of whether it’s a global or a one-at-a-time setting? That seems to be what the
@WSJ is saying about  @ProcterGamble ‘s work with #CAID device fingerprinting.

Don replied,

Yes. Some app developers will figure out a way to track you that doesn’t get caught by the App Store review. Apple can’t promise a complete “stop this app from tracking me” feature because sometimes it will be one of those apps that’s breaking the rules

Then Augustine Fou replied,

of course, MANY ad tech companies have been working on fingerprinting for years, as a work around to browsers (like Firefox) allowing users to delete cookies many years ago. Fingerprinting is even more pernicious because it is on server-side and out of control of user entirely

That last point is why I’ve long argued that we have a fundamental problem with the client-server model itself: that it guarantees feudal systems in which clients are serfs and site operators (plus Big Tech in general) are their lords and masters. Though my original metaphor for client-server (which I have been told was originally a euphemism for slave-master) was calf-cow:

Here’s more on that one, plus some other metaphors as well:

I’ll pick up that thread after visiting what Nick says about fingerprinting:

There are countless ways that devices can be fingerprinted, and the mandated use of IDFA instead of those surreptitious methods makes it harder for ad tech companies to be sneaky. It has long been possible to turn off IDFA or reset the identifier. If it did not exist, ad tech companies would find other ways of individual tracking without users’ knowledge, consent, or control.

And why “ask” an app not to track? Why not “tell”? Or, better yet, “Prevent Tracking By This App”? Does asking an app not to track mean it won’t?

History has an answer for those questions.

Remember Do Not Track? Invented in the dawn of tracking, back in the late ’00s, it’s still a setting in every one of our browsers. But it too is just an ask — and ignored by nearly every website on Earth.

Much like Do Not Track, App Tracking Transparency is a request — verified as much as Apple can by App Review — to avoid false certainty. Tracking is a pernicious reality of every internet-connected technology. It is ludicrous to think that any company could singlehandedly find and disable all forms of fingerprinting in all apps, or to guarantee that users will not be tracked.

I agree. This too is a problem with the feudal system that the Web + app world has become, and Nick is right to point it out. He continues,

The thing that bugs me is that Searls knows all of this. He’s Doc Searls; he has an extraordinary thirteen year history of writing about this stuff. So I am not entirely sure why he is making arguments like the ones above that, with knowledge of his understanding of this space, begin to feel disingenuous. I have been thinking about this since I read this article last night and I have not come to a satisfactory realistic conclusion.

Here’s a realistic conclusion (or at least the one that’s in my head right now): I was mistaken to assume that Apple has more control here than it really does, and it’s right for all these guys (Nick, John, Augustine, Don, and others) to point that out. Hey, I gave in to wishful thinking and unconscious ad hominem argumentation. Mea bozo. I sit corrected.

He continues,

Apple is a big, giant, powerful company — but it is only one company that operates within the realities of legal and technical domains. We cannot engineer our way out of the anti-privacy ad tech mess. The only solution is regulatory. That will not guarantee that bad actors do not exist, but it could create penalties for, say, Google when it ignores users’ choices or Dr. B when it warehouses medical data for unspecified future purposes.

We’ve had the GDPR and the CCPA in enforceable forms for a while now, and the main result, for us as mere “data subjects” (GDPR) and “consumers” (CCPA) is a far worse collection of experiences in using the Web.

At this point, my faith in regulation (which I celebrated, at least in the GDPR case, before it went into force) is less than zero. So is my faith in tech, within the existing system.

So I’m moving on, and working on a new approach, outside the whole feudal system, which I describe in A New Way. It’s new, small, and local but I think it can be big and global: much bigger than the existing system, simply because we on the demand side will have better ways of informing supply (are you listening, Mark Pritchard?) than even the best surveillance systems can guess at.

This piece has had a lot of very smart push-back (and forward, but mostly back). I respond to it in Part II, here.

If you haven’t seen it yet, watch Apple’s Privacy on iPhone | tracked ad. In it a guy named Felix (that’s him, above) goes from a coffee shop to a waiting room somewhere, accumulating a vast herd of hangers-on along the way. The herd represents trackers in his phone, all crowding his personal space while gathering private information about him. The sound track is “Mind Your Own Business,” by Delta 5. Lyrics:

Can I have a taste of your ice cream?
Can I lick the crumbs from your table?
Can I interfere in your crisis?

No, mind your own business
No, mind your own business

Can you hear those people behind me?
Looking at your feelings inside me
Listen to the distance between us

Why don’t you mind your own business?
Why don’t you mind your own business?

Can you hear those people behind me?
Looking at your feelings inside me
Listen to the distance between us

Why don’t you mind your own business?
Why don’t you mind your own business?

The ad says this when Felix checks his phone from the crowded room filled with people spying on his life:

Then this:

Finally, when he presses “Ask App Not to Track,” all the hangers-on go pop and turn to dust—

Followed by

Except that she gets popped too:

Meaning he doesn’t want any one of those trackers in his life.

The final image is the one at the top.

Here’s what’s misleading about this message: Felix would have had none of those trackers following him if he had gone into Settings—>Privacy—>Tracking, and pushed the switch to off, like I’ve done here:

Key fact: it is defaulted to on. Meaning Apple is not fully serious about privacy. If Apple was fully serious, your iPhone would be set to not allow tracking in the first place. All those trackers would come pre-vaporized. And Apple never would have given every iPhone an IDFA—ID For Advertisers—in the first place. (And never mind that they created IDFA back in 2013 partly to wean advertisers from tracking and targeting phones’ UDIDs (unique device IDs).

Defaulting the master Tracking setting to ON means Felix has to tap “Ask App Not To Track” for every single one of those hangers-on. Meaning that one click won’t vaporize all those apps at once. Just one at a time. This too is misleading as well as unserious.

And why “ask” an app not to track? Why not “tell”? Or, better yet, “Prevent Tracking By This App”? Does asking an app not to track mean it won’t?

History has an answer for those questions.

Remember Do Not Track? Invented in the dawn of tracking, back in the late ’00s, it’s still a setting in every one of our browsers. But it too is just an ask—and ignored by nearly every website on Earth.

Here is how the setting looks, buried deep on Google’s Chrome:

It’s hardly worth bothering to turn that on (it’s defaulted to off), because it became clear long ago that Do Not Track was utterly defeated by the adtech biz and its dependents in online publishing. The standard itself was morphed to meaninglessness at the W3C, where by the end (in 2019) it got re-branded “Tracking Preference Expression.” (As if any of us has a preference for tracking other than to make it not happen or go away.)

By the way, thanks to adtech’s defeat of Do Not Track in 2014, people took matters into their own hands, by installing ad and tracking blockers en masse, turning ad blocking, an option that had been laying around since 2004, into the biggest boycott in world history by 2015.

And now we have one large company, Apple, making big and (somewhat, as we see above) bold moves toward respecting personal privacy. That’s good as far as it goes. But how far is that, exactly? To see how far, here are some questions:

  • Will “asking” apps not to track on an iPhone actually make an app not track?
  • How will one be able to tell?
  • What auditing and accounting mechanisms are in place—on your phone, on the apps’ side, or at Apple?

As for people’s responses to Apple’s new setting, here are some numbers for a three-week time frame: April 26 to May 16. They come from FLURRY, a subsidiary of Verizon Media, which is an adtech company. I’ll summarize:

  • For “Worldwide daily op-in rate after iOS 14.5 launch across all apps,” expressed as “% of mobile active app users who allow app tracking among uses who have chosen to either allow or deny tracking” started at 11% and rose to 15%.
  • The “U.S. Daily opt-in rate after iOS launch across all apps,” expressed as “% of mobile active app users who allow app tracking among users who have chosen to either allow or deny tracking” started at 2% and rose to 6%.
  • The “Worldwide daily opt-in rate across apps that have displayed the prompt,” expressed as “% of mobile active app users who allow app tracking among users who have chosen to either allow or deny tracking” started at 31% and went down to 24%.
  • The “Worldwide daily share of mobile app users with ‘restricted’ app tracking” (that’s where somebody goes into Settings—>Privacy—>Tracking and switches off “Allow Apps to Request to Track”), expressed as “% of mobile active app users who cannot be tracked by default and don’t have a choice to select a tracking option” started and stayed within a point of 5% .
  • And the “U.S. daily share of mobile app users with ‘restricted’ app tracking,” expressed as “% of mobile active app users who cannot be tracked by default and don’t have a choice to select a tracking option” started at 4% and ended at 3%, with some dips to 2%.

Clearly tracking isn’t popular, but those first two numbers should cause concern for those who want tracking to stay unpopular. The adtech business is relentless in advocacy of tracking, constantly pitching stories about how essential tracking-based “relevant,” “personalized” and “interest-based” advertising is—for you, and for the “free” Web and Internet.

It is also essential to note that Apple does advertising as well. Here’s Benedict Evans on a slope for Apple that is slippery in several ways:

Apple has built up its own ad system on the iPhone, which records, tracks and targets users and serves them ads, but does this on the device itself rather than on the cloud, and only its own apps and services. Apple tracks lots of different aspects of your behaviour and uses that data to put you into anonymised interest-based cohorts and serve you ads that are targeted to your interests, in the App Store, Stocks and News apps. You can read Apple’s description of that here – Apple is tracking a lot of user data, but nothing leaves your phone. Your phone is tracking you, but it doesn’t tell anyone anything.

This is conceptually pretty similar to Google’s proposed FLoC, in which your Chrome web browser uses the web pages you visit to put you into anonymised interest-based cohorts without your browsing history itself leaving your device. Publishers (and hence advertisers) can ask Chrome for a cohort and serve you an appropriate ad rather than tracking and targeting you yourself. Your browser is tracking you, but it doesn’t tell anyone anything -except for that anonymous cohort.

Google, obviously, wants FLoC to be a generalised system used by third-party publishers and advertisers. At the moment, Apple runs its own cohort tracking, publishing and advertising as a sealed system. It has begun selling targeted ads inside the App Store (at precisely the moment that it crippled third party app install ads with IDFA), but it isn’t offering this tracking and targeting to anyone else. Unlike FLoC, an advertiser, web page or app can’t ask what cohort your iPhone has put you in – only Apple’s apps can do that, including the app store.

So, the obvious, cynical theory is that Apple decided to cripple third-party app install ads just at the point that it was poised to launch its own, and to weaken the broader smartphone ad model so that companies would be driven towards in-app purchase instead. (The even more cynical theory would be that Apple expects to lose a big chunk of App Store commission as a result of lawsuits and so plans to replace this with app install ads. I don’t actually believe this – amongst other things I think Apple believes it will win its Epic and Spotify cases.)

Much more interesting, though, is what happens if Apple opens up its cohort tracking and targeting, and says that apps, or Safari, can now serve anonymous, targeted, private ads without the publisher or developer knowing the targeting data. It could create an API to serve those ads in Safari and in apps, without the publisher knowing what the cohort was or even without knowing what the ad was. What if Apple offered that, and described it as a truly ‘private, personalised’ ad model, on a platform with at least 60% of US mobile traffic, and over a billion global users?…

Apple has a tendency to build up strategic assets in discrete blocks and small parts of products, and then combine them into one. It’s been planning to shift the Mac to its own silicon for close to a decade, and added biometrics to its products before adding Apple Pay and then a credit card. Now it has Apple Pay and ‘Sign in with Apple’ as new building blocks on the web, that might be combined into other things. It seems pretty obvious that Privacy is another of those building blocks, deployed step by step in lots of different places. Privacy has been good business for Apple, and advertising is a bigger business than all of those.

All of which is why I’ve lately been thinking that privacy is a losing battle on the Web. And that we need to start building a byway around the whole mess: one where demand can signal supply about exactly what it wants, rather than having demand constantly being spied on and guessed at by adtech’s creepy machinery.

tmobile in a hole

For a few years now, T-Mobile has been branding itself the “un-carrier,” saying it’s “synonymous with 100% customer commitment.” Credit where due: we switched from AT&T a few years ago because T-Mobile, alone among U.S. carriers at the time, gave customers a nice cheap unlimited data plan for traveling outside the country.

But now comes this story in the Wall Street Journal:

T-Mobile to Step Up Ad Targeting of Cellphone Customers
Wireless carrier tells subscribers it could share their masked browsing, app data and online activity with advertisers unless they opt out

Talk about jumping on a bandwagon sinking in quicksand. Lawmakers in Europe (GDPR), California (CCPA) and elsewhere have been doing their best to make this kind of thing illegal, or at least difficult. Worse, it should now be clear that it not only sucks at its purpose, but customers hate it. A lot.

I just counted, and all 94 responses in the “conversation” under that piece are disapproving of this move by T-Mobile. I just copied them over and compressed out some extraneous stuff. Here ya go:

“Terrible decision by T-Mobile. Nobody ever says “I want more targeted advertising,” unless they are in the ad business.  Time to shop for a new carrier – it’s not like their service was stellar.”

“A disappointing development for a carrier which made its name by shaking up the big carriers with their overpriced plans.”

“Just an unbelievable break in trust!”

“Here’s an idea for you, Verizon. Automatically opt people into accepting a break on their phone bill in exchange for the money you make selling their data.”

“You want to make money on selling customer’s private information? Fine – but in turn, don’t charge your customers for generating that profitable information.”

“Data revenue sharing is coming. If you use my data, you will have to share the revenue with me.”

“Another reason to never switch to T-Mobile.”

“Kudos to WSJ for providing links on how to opt-out!”

“Just another disappointment from T-Mobile.  I guess I shouldn’t be surprised.”

“We were supposed to be controlled by the government.”

“How crazy is it that we are having data shared for service we  PAY for? You might expect it on services that we don’t, as a kind of ‘exchange.'”

“WSJ just earned their subscription fee. Wouldn’t have known about this, or taken action without this story. Toggled it off on my phone, and then sent everyone I know on T Mobile the details on how to protect themselves.”

“Just finished an Online Chat with their customer service dept….’Rest assured, your data is safe with T-Mobile’…no, no it isn’t.  They may drop me as a customer since I sent links to the CCPA, the recent VA privacy law and a link to this article.  And just  to make sure the agent could read it – I sent the highlights too.  the response – ‘Your data is safe….’  Clueless, absolutely clueless.”

“As soon as I heard this, I went in and turned off tracking.  Also, when I get advertising that is clearly targeted (sometimes pretty easy to tell) I make a mental note to never buy or use the product or service advertised if I can avoid it.  Do others think the same?”

“Come on Congress, pass a law requiring any business or non-profit that wants to share your data with others to require it’s customers to ‘opt-in’. We should(n’t) have to ‘opt-out’ to prevent them from doing so, it should be the other way around. Only exception is them sharing data with the government and that there should be laws that limit what can be shared with the government and under what circumstances.”

“There must be massive amounts of money to be made in tracking what people do for targeted ads.  I had someone working for a national company tell me I would be shocked at what is known about me and what I do online.  My 85 year old dad refuses a smartphone and pays cash for everything he does short of things like utilities.  He still sends in a check each month to them, refuses any online transactions.  He is their least favorite kind of person but, he at least has some degree of privacy left.”

Would you find interest-based ads on your phone helpful or intrusive?
Neither–they’re destructive. They limit the breadth of ideas concerning things I might be interested in seeing or buying. I generally proactively look when I want or need something, and so advertising has little impact on me. However, an occasional random ad shows up that broadens my interest–that goes away with the noise of targeted ads overlain and drowning it out. If T-Mobile were truly interested, it would make its program an opt-in program and tout it so those who might be interested could make the choice.”

“Humans evolved from stone age to modern civilization. These tech companies will strip all our clothes.”

“They just can’t help themselves. They know it’s wrong, they know people will hate and distrust them for it, but the lure of doing evil is too strong for such weak-minded business executives to resist the siren call of screwing over their customers for a buck. Which circle of hell will they be joining Zuckerberg in?”

“Big brother lurks behind every corner.”

“What privacy policy update was this?  Don’t they always preface their privacy updates with the statement: YOUR PRIVACY IS IMPORTANT TO US(?) When did T-Mobile tell its customers our privacy is no longer important to them?  And that in fact we are now going to sell all we know about you to the highest bidder. Seems they need at least to get informed consent to reverse this policy and to demonstrate that they gave notice that was actually received and reviewed and  understood by customers….otherwise, isn’t this wiretapping by a third party…a crime?  Also isn’t using electronic means to monitor someone in an environment where they have the reasonable expectation of privacy a tort. Why don’t they just have a dual rate structure?   The more expensive traditional privacy plan and a cheaper exploitation plan? Then at least they can demonstrate they have given you consideration for the surrender of your right to privacy.”

“A very useful article! I was able to log in and remove my default to receive such advertisements “relevant” to me.  That said all the regulatory bodies in the US are often headed by industry personnel who are their to protect companies, not consumers. US is the best place for any company to operate freely with regulatory burden. T-mobile follows the European standards in EU, but in the US there are no such restraints.”

“It’s far beyond time for the Congress to pass a sweeping privacy bill that outlaws collection and sale of personal information on citizens without their consent.”

“Appreciate the heads-up  and the guidance on how to opt out. Took 30 seconds!”

“Friends, you may not be aware that almost all of the apps on your iPhone track your location, which the apps sell to other companies, and someday the government. If you want to stop the apps from tracking your locations, this is what to do. In Settings, choose Privacy.   Then choose Location Services.  There you will see a list of your apps that track your location.  All of the time. I have switched nearly all of my apps to ‘Never’ track.  A few apps, mostly relating to travel, I have set to “While using.”  For instance, I have set Google Maps to ‘While using.’ That is how to take control of your information.”

“Thank you for this important info! I use T-Mobile and like them, but hadn’t heard of this latest privacy outrage. I’ve opted out.”

“T-Mobile is following Facebook’s playbook. Apple profits by selling devices and Operating Sysyems. Facebook & T-Mobile profit by selling, ………………… YOU!”

“With this move, at first by one then all carriers, I will really start to limit my small screen time.”

“As a 18 year customer of T-Mobile, I would have preferred an email from T-Mobile  about this, rather than having read this by chance today.”

“It should be Opt-In, not Opt-out. Forcing an opt out is a bit slimy in my books. Also, you know they’ll just end up dropping that option eventually and you’ll be stuck as opted in. Even if you opted in, your phone plan should be free or heavily subsidized since they are making dough off your usage.”

“No one automatically agrees to tracking of one’s life, via the GPS on their cell phone. Time to switch carriers.”

“It’s outrageous that customers who pay exorbitant fees for the devices are also exploited with advertising campaigns. I use ad blockers and a VPN and set cookies to clear when the browser is closed. When Apple releases the software to block the ad identification number of my device from being shared with the scum, I’ll be the first to use that, too.”

“It was a pain to opt out of this on T-Mobile. NOT COOL.”

“I just made the decision to “opt out” of choosing TMobile as my new phone service provider.  So very much appreciated.”

“Well, T-Mobile, you just lost a potential subscriber.  And why not reverse this and make it opt-in instead of opt-out?  I know, because too many people are lazy and will never opt-out, selling their souls to advertisers. And for those of you who decide to opt-out, congratulations.  You’re part of the vast minority who actually pay attention to these issues.”

“I have been seriously considering making the switch from Verizon to T-Mobile. The cavalier attitude that T-Mobile has for customers data privacy has caused me to put this on hold. You have to be tone deaf as a company to think that this is a good idea in the market place today.”

“Been with T-Mo for over 20 years because they’re so much better for international travel than the others. I don’t plan on changing to another carrier but I’ll opt out of this, thanks.”

“So now we know why T-Mobile is so much cheaper.”

“I have never heard anyone say that they want more ads. How about I pay too much for your services already and I don’t want ANY ads. We need a European style GDP(R) with real teeth in the USA and we need it now!”

“So these dummies are going to waste their money on ads when their service Suckky Ducky!   Sorry, but it’s a wasteland of T-Mobile, “No Service” Bars on your phone with these guys.  It’s the worst service, period. Spend your money on your service, the customers will follow.  Why is that so hard for these dummies to understand?”

“If they do this I will go elsewhere.”

“When will these companies learn that their ads are an annoyance.  I do not want or appreciate their ads.  I hate the words ‘We use our data to customize the ads you receive.'”

“Imagine if those companies had put that much effort and money into actually improving their service. Nah, that’s ridiculous.”

“Thank you info on how to opt out. I just did so. It’s up to me to decide what advertising is relevant for me, not some giant corporation that thinks they own me.”

“who is the customer out there like, Yeah I want them to advertise to me! I love it!’? Hard to believe anyone would ask for this.”

“I believe using a VPN would pretty much halt all of this nonsense, especially if the carrier doesn’t want to cooperate.”

“I’m a TMobile customer, and to be honest, I really don’t care about advertising–as long as they don’t give marketers my phone number.  Now that would be a deal breaker.”

“What about iPhone users on T-Mobile?  Apple’s move to remove third party cookies is creating this incentive for carriers to fill the void. It’s time for a national privacy bill.”

“We need digital privacy laws !!!   Sad that Europe and other countries are far ahead of us here.”

“Pure arrogance on the part of the carrier. What are they thinking at a time when people are increasingly concerned about privacy? I’m glad that I’m not currently a T-Mobile customer and this seals the deal for me for the future.”

“AT&T won’t actually let you opt out fully. Requests to block third party analytics trigger pop up messages that state ‘Our system doesn’t seem to be cooperating. Sorry for any inconvenience. Please try again later’.”

“One of the more salient articles I’ve read anywhere recently. Google I understand, we get free email and other stuff, and it’s a business. But I already pay a couple hundred a month to my phone provider. And now they think it’s a good idea to barrage me and my family? What about underage kids getting ads – that must be legal only because the right politicians got paid off.”

“Oh yeah, I bet customers have been begging for more “targeted advertising”.  It would be nice if a change in privacy policy also allowed you to void your 12 month agreement with these guys.”

“Thank you for showing us how to opt out. If these companies want to sell my data, then they should pay me part of the proceeds. Otherwise, I opt out.”

Think T-Mobile is listening?

If not, they’re just a typical carrier with 0% customer commitment.

Just got a press release by email from David Rosen (@firstpersonpol) of the Public Citizen press office. The headline says “Historic Grindr Fine Shows Need for FTC Enforcement Action.” The same release is also a post in the news section of the Public Citizen website. This is it:

WASHINGTON, D.C. – The Norwegian Data Protection Agency today fined Grindr $11.7 million following a Jan. 2020 report that the dating app systematically violates users’ privacy. Public Citizen asked the Federal Trade Commission (FTC) and state attorneys general to investigate Grindr and other popular dating apps, but the agency has yet to take action. Burcu Kilic, digital rights program director for Public Citizen, released the following statement:

“Fining Grindr for systematic privacy violations is a historic decision under Europe’s GDPR (General Data Protection Regulation), and a strong signal to the AdTech ecosystem that business-as-usual is over. The question now is when the FTC will take similar action and bring U.S. regulatory enforcement in line with those in the rest of the world.

“Every day, millions of Americans share their most intimate personal details on apps like Grindr, upload personal photos, and reveal their sexual and religious identities. But these apps and online services spy on people, collect vast amounts of personal data and share it with third parties without people’s knowledge. We need to regulate them now, before it’s too late.”

The first link goes to Grindr is fined $11.7 million under European privacy law, by Natasha Singer (@NatashaNYT) and Aaron Krolik. (This @AaronKrolik? If so, hi. If not, sorry. This is a blog. I can edit it.) The second link goes to a Public Citizen post titled Popular Dating, Health Apps Violate Privacy.

In the emailed press release, the text is the same, but the links are not. The first is this:

https://default.salsalabs.org/T72ca980d-0c9b-45da-88fb-d8c1cf8716ac/25218e76-a235-4500-bc2b-d0f337c722d4

The second is this:

https://default.salsalabs.org/Tc66c3800-58c1-4083-bdd1-8e730c1c4221/25218e76-a235-4500-bc2b-d0f337c722d4

Why are they not simple and direct URLs? And who is salsalabs.org?

You won’t find anything at that link, or by running a whois on it. But I do see there is a salsalabs.com, which has  “SmartEngagement Technology” that “combines CRM and nonprofit engagement software with embedded best practices, machine learning, and world-class education and support.” since Public Citizen is a nonprofit, I suppose it’s getting some “smart engagement” of some kind with these links. PrivacyBadger tells me Salsalabs.com has 14 potential trackers, including static.ads.twitter.com.

My point here is that we, as clickers on those links, have at best a suspicion about what’s going on: perhaps that the link is being used to tell Public Citizen that we’ve clicked on the link… and likely also to help target us with messages of some sort. But we really don’t know.

And, speaking of not knowing, Natasha and Aaron’s New York Times story begins with this:

The Norwegian Data Protection Authority said on Monday that it would fine Grindr, the world’s most popular gay dating app, 100 million Norwegian kroner, or about $11.7 million, for illegally disclosing private details about its users to advertising companies.

The agency said the app had transmitted users’ precise locations, user-tracking codes and the app’s name to at least five advertising companies, essentially tagging individuals as L.G.B.T.Q. without obtaining their explicit consent, in violation of European data protection law. Grindr shared users’ private details with, among other companies, MoPub, Twitter’s mobile advertising platform, which may in turn share data with more than 100 partners, according to the agency’s ruling.

Before this, I had never heard of MoPub. In fact, I had always assumed that Twitter’s privacy policy either limited or forbid the company from leaking out personal information to advertisers or other entities. Here’s how its Private Information Policy Overview begins:

You may not publish or post other people’s private information without their express authorization and permission. We also prohibit threatening to expose private information or incentivizing others to do so.

Sharing someone’s private information online without their permission, sometimes called doxxing, is a breach of their privacy and of the Twitter Rules. Sharing private information can pose serious safety and security risks for those affected and can lead to physical, emotional, and financial hardship.

On the MoPub site, however, it says this:

MoPub, a Twitter company, provides monetization solutions for mobile app publishers and developers around the globe.

Our flexible network mediation solution, leading mobile programmatic exchange, and years of expertise in mobile app advertising mean publishers trust us to help them maximize their ad revenue and control their user experience.

The Norwegian DPA apparently finds a conflict between the former and the latter—or at least in the way the latter was used by Grinder (since they didn’t fine Twitter).

To be fair, Grindr and Twitter may not agree with the Norwegian DPA. Regardless of their opinion, however, by this point in history we should have no faith that any company will protect our privacy online. Violating personal privacy is just too easy to do, to rationalize, and to make money at.

To start truly facing this problem, we need start with a simple fact: If your privacy is in the hands of others alone, you don’t have any. Getting promises from others not to stare at your naked self isn’t the same as clothing. Getting promises not to walk into your house or look in your windows is not the same as having locks and curtains.

In the absence of personal clothing and shelter online, or working ways to signal intentions about one’s privacy, the hands of others alone is all we’ve got. And it doesn’t work. Nor do privacy laws, especially when enforcement is still so rare and scattered.

Really, to potential violators like Grindr and Twitter/MoPub, enforcement actions like this one by the Norwegian DPA are at most a little discouraging. The effect on our experience of exposure is still nil. We are exposed everywhere, all the time, and we know it. At best we just hope nothing bad happens.

The only way to fix this problem is with the digital equivalent of clothing, locks, curtains, ways to signal what’s okay and what’s not—and to get firm agreements from others about how our privacy will be respected.

At Customer Commons, we’re starting with signaling, specifically with first party terms that you and I can proffer and sites and services can accept.

The first is called P2B1, aka #NoStalking. It says “Just give me ads not based on tracking me.” It’s a term any browser (or other tool) can proffer and any site or service can accept—and any privacy-respecting website or service should welcome.

Making this kind of agreement work is also being addressed by IEEE7012, a working group on machine-readable personal privacy terms.

Now we’re looking for sites and services willing to accept those terms. How about it, Twitter, New York Times, Grindr and Public Citizen? Or anybody.

DM us at @CustomerCommons and we’ll get going on it.

 

“Give me a lever long enough and a fulcrum on which to place it, and I shall move the world,” Archimedes is said to have said.

For almost all of the last four years, Donald Trump was one hell of an Archimedes. With the U.S. presidency as his lever and Twitter as his fulcrum, the 45th President leveraged an endless stream of news-making utterances into a massive following and near-absolute domination of news coverage, worldwide. It was an amazing show, the like of which we may never see again.

Big as it was, that show ended on January 8, when Twitter terminated the @RealDonaldTrump account. Almost immediately after that, Trump was “de-platformed” from all these other services as well: PayPal, Reddit, Shopify, Snapchat, Discord, Amazon, Twitch, Facebook, TikTok, Google, Apple, Twitter, YouTube and Instagram. That’s a lot of fulcrums to lose.

What makes them fulcrums is their size. All are big, and all are centralized: run by one company. As members, users and customers of these centralized services, we are also at their mercy: no less vulnerable to termination than Trump.

So here is an interesting question: What if Trump had his own fulcrum from the start? For example, say he took one of the many Trump domains he probably owns (or should have bothered to own, long ago), and made it a blog where he said all the same things he tweeted, and that site had the same many dozens of millions of followers today? Would it still be alive?

I’m not sure it would. Because, even though the base protocols of the Internet and the Web are peer-to-peer and end-to-end, all of us are dependent on services above those protocols, and at the mercy of those services’ owners.

That to me is the biggest lesson the de-platforming of Donald Trump has for the rest of us. We can talk “de-centralization” and “distribution” and “democratization” along with peer-to-peer and end-to-end, but we are still at the mercy of giants.

Yes, there are work-arounds. The parler.com website, de-platformed along with Trump, is back up and, according to @VickerySec (Chris Vickery), “routing 100% of its user traffic through servers located within the Russian Federation.” Adds @AdamSculthorpe, “With a DDos-Guard IP, exactly as I predicted the day it went offline. DDoS Guard is the Russian equivalent of CloudFlare, and runs many shady sites. RiTM (Russia in the middle) is one way to think about it.” Encrypted services such as Signal and Telegram also provide ways for people to talk and be social. But those are also platforms, and we are at their mercy too.

I bring all this up as a way of thinking out loud toward the talk I’ll be giving in a few hours (also see here), on the topic “Centralized vs. Decentralized.” Here’s the intro:

Centralised thinking is easy. Control sits on one place, everything comes home, there is a hub, the corporate office is where all the decisions are made and it is a power game.

Decentralised thinking is complex. TCP/IP and HTTP created a fully decentralised fabric for packet communication. No-one is in control. It is beautiful. Web3 decentralised ideology goes much further but we continually run into conflicts. We need to measure, we need to report, we need to justify, we need to find a model and due to regulation and law, there are liabilities.

However, we have to be doing both. We have to centralise some aspects and at the same time decentralise others. Whilst we hang onto an advertising model that provides services for free we have to have a centralised business model. Apple with its new OS is trying to break the tracking model and in doing so could free us from the barter of free, is that the plan which has nothing to do with privacy or are the ultimate control freaks. But the new distributed model means more risks fall on the creators as the aggregators control the channels and access to a model. Is our love for free preventing us from seeing the value in truly distributed or are those who need control creating artefacts that keep us from achieving our dreams? Is distributed even possible with liability laws and a need to justify what we did to add value today?

So here is what I think I’ll say.

First, we need to respect the decentralized nature of humanity. All of us are different, by design. We look, sound, think and feel different, as separate human beings. As I say in How we save the world, “no being is more smart, resourceful or original than a human one. Again, by design. Even identical twins, with identical DNA from a single sperm+egg, can be as different as two primary colors. (Examples: Laverne Cox and M.LamarNicole and Jonas Maines.)”

This simple fact of our distributed souls and talents has had scant respect from the centralized systems of the digital world, which would rather lead than follow us, and rather guess about us than understand us. That’s partly because too many of them have become dependent on surveillance-based personalized advertising (which is awful in ways I’ve detailed in 136 posts, essays and articles compiled here). But it’s mostly because they’re centralized and can’t think or work outside their very old and square boxes.

Second, advertising, subscriptions and donations through the likes of (again, centralized) Patreon aren’t the only possible ways to support a site or a service. Those are industrial age conventions leveraged in the early decades of the digital age. There are other approaches we can implement as well, now that the pendulum is started to swing back from the centralized extreme. For example, the fully decentralized EmanciPay. A bunch of us came up with that one at ProjectVRM way back in 2009. What makes it decentralized is that the choice of what to pay, and how, is up to the customer. (No, it doesn’t have to be scary.) Which brings me to—

Third, we need to start thinking about solving business problems, market problems, technical problems, from our side. Here is how Customer Commons puts it:

There is … no shortage of of business problems that can only be solved from the customer’s side. Here are a few examples :

  1. Identity. Logins and passwords are burdensome leftovers from the last millennium. There should be (and already are) better ways to identify ourselves, and to reveal to others only what we need them to know. Working on this challenge is the SSI—Self-Sovereign Identity—movement. The solution here for individuals is tools of their own that scale.
  2. Subscriptions. Nearly all subscriptions are pains in the butt. “Deals” can be deceiving, full of conditions and changes that come without warning. New customers often get better deals than loyal customers. And there are no standard ways for customers to keep track of when subscriptions run out, need renewal, or change. The only way this can be normalized is from the customers’ side.
  3. Terms and conditions. In the world today, nearly all of these are ones companies proffer; and we have little or no choice about agreeing to them. Worse, in nearly all cases, the record of agreement is on the company’s side. Oh, and since the GDPR came along in Europe and the CCPA in California, entering a website has turned into an ordeal typically requiring “consent” to privacy violations the laws were meant to stop. Or worse, agreeing that a site or a service provider spying on us is a “legitimate interest.”
  4. Payments. For demand and supply to be truly balanced, and for customers to operate at full agency in an open marketplace (which the Internet was designed to be), customers should have their own pricing gun: a way to signal—and actually pay willing sellers—as much as they like, however they like, for whatever they like, on their own terms. There is already a design for that, called Emancipay.
  5. Internet of Things. What we have so far are the Apple of things, the Amazon of things, the Google of things, the Samsung of things, the Sonos of things, and so on—all silo’d in separate systems we don’t control. Things we own on the Internet should be our things. We should be able to control them, as independent customers, as we do with our computers and mobile devices. (Also, by the way, things don’t need to be intelligent or connected to belong to the Internet of Things. They can be, or have, picos.)
  6. Loyalty. All loyalty programs are gimmicks, and coercive. True loyalty is worth far more to companies than the coerced kind, and only customers are in position to truly and fully express it. We should have our own loyalty programs, to which companies are members, rather than the reverse.
  7. Privacy. We’ve had privacy tech in the physical world since the inventions of clothing, shelter, locks, doors, shades, shutters, and other ways to limit what others can see or hear—and to signal to others what’s okay and what’s not. Instead, all we have are unenforced promises by others not to watching our naked selves, or to report what they see to others. Or worse, coerced urgings to “accept” spying on us and distributing harvested information about us to parties unknown, with no record of what we’ve agreed to.
  8. Customer service. There are no standard ways to call for service yet, or to get it. And there should be.
  9. Advertising. Our main problem with advertising today is tracking, which is failing because it doesn’t work. (Some history: ad blocking has been around since 2004, it took off in 2013, when the advertising and publishing industries gave the middle finger to Do Not Track, which was never more than a polite request in one’s browser not to be tracked off a site. By 2015, ad blocking alone was the biggest boycott i world history. And in 2018 and 2019 we got the GDPR and the CCPA, two laws meant to thwart tracking and unwanted data collection, and which likely wouldn’t have happened if we hadn’t been given that finger.) We can solve that problem from the customer side with intentcasting,. This is where we advertise to the marketplace what we want, without risk that our personal data won’t me misused. (Here is a list of intentcasting providers on the ProjectVRM Development Work list.)

We already have examples of personal solutions working at scale: the Internet, the Web, email and telephony. Each provides single, simple and standards-based ways any of us can scale how we deal with others—across countless companies, organizations and services. And they work for those companies as well.

Other solutions, however, are missing—such as ones that solve the eight problems listed above.

They’re missing for the best of all possible reasons: it’s still early. Digital living is still new—decades old at most. And it’s sure to persist for many decades, centuries or millennia to come.

They’re also missing because businesses typically think all solutions to business problems are ones for them. Thinking about customers solving business problems is outside that box.

But much work is already happening outside that box. And there already exist standards and code for building many customer-side solutions to problems shared with businesses. Yes, there are not yet as many or as good as we need; but there are enough to get started.

A lot of levers there.

For those of you attending this event, I’ll talk with you shortly. For the rest of you, I’ll let you know how it goes.

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