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If the GDPR did what it promised to do, we’d be celebrating Privmas today. Two years after the GDPR became enforceable, privacy should have become be the norm rather than the exception in the online world.

But it didn’t. And it’s not because the GDPR is poorly enforced. It’s because it’s too easy to claim compliance to the letter of GDPR law while violating its spirit.

Want to see how easy? Try searching for GDPR+compliance+consent:

https://www.google.com/search?q=gdpr+compliance+consent

Nearly all of the ~21,000,000 results you’ll get are from sources pitching ways to continue tracking people online, mostly by obtaining “consent” to privacy violations that almost nobody would welcome in the offline world.

Imagine if every shop you passed on the street sent someone outside to painlessly jab a needle into your neck, to inject a load of tracking beacons into your bloodstream. If you were to ask why they do that, they’d say it’s so their third parties can do “analytics” and show you “relevant” and “interest-based” advertising. Would you be okay with that?

Well, that’s what you’re saying when you click “Accept” or “Got it” when a typical GDPR-complying website presents a cookie notice that says something like this:

That one is from Vice, by the way. Here’s how the top story on Vice’s front page looks in Belgium (though a VPN), with Privacy Badger looking for trackers:

The number of potential trackers Privacy Badger finds here in California (without a VPN) is fourteen.

What are these entities up to? I do know DoubleClick follows you for advertising purposes. Google Analytics follows you too. Yes, Google says you’re anonymized somehow in both systems, but you are being followed. Worse, stalked. (Look up the verb. Top result: “to pursue or approach prey, quarry, etc., stealthily” That’s what’s going on.)

Get this: There is also no way for you to know exactly how you’re being tracked or what is done with that information, because the instrument for that—a tool on your side—isn’t available. It probably hasn’t even been invented.

And this: You have no record of having agreed to anything. No audit trail. Nothing of the kind.

Let’s go back to first principles here: It is just as wrong to track a person like a marked animal in the online world as it is in the offline one.

The GDPR was made to thwart online tracking. On the whole it has not. Instead, it has made the experience of being tracked online a worse one.

Yes, that was not the intent. And yes, the GDPR has done some good.

But if you are any less followed online today than you were when the GDPR became enforceable two years ago, it’s because you and the browser makers have worked to thwart at least some of it.

So, nothing to celebrate. Not this Privmas.

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Yesterday (March 29), Zoom updated its privacy policy with a major rewrite. The new language is far more clear than what it replaced, and which had caused the concerns I detailed in my previous three posts:

  1. Zoom needs to clean up its privacy act,
  2. More on Zoom and privacy, and
  3. Helping Zoom

Those concerns were shared by Consumer ReportsForbes and others as well. (Here’s Consumer Reports‘ latest on the topic.)

Mainly the changes clarify the difference between Zoom’s services (what you use to conference with other people) and its websites, zoom.us and zoom.com (which are just one site: the latter redirects to the former). As I read the policy, nothing in the services is used for marketing. Put another way, your Zoom sessions are firewalled from adtech, and you shouldn’t worry about personal information leaking to adtech (tracking based advertising) systems.

The websites are another matter. Zoom calls those websites—its home pages—”marketing websites.” This, I suppose, is so they can isolate their involvement with adtech to their marketing work.

The problem with this is an optical one: encountering a typically creepy cookie notice and opting gauntlet (which still defaults hurried users to “consenting” to being tracked through “functional” and “advertising” cookies) on Zoom’s home page still conveys the impression that these consents, and these third parties, work across everything Zoom does, and not just its home pages.

And why call one’s home on the Web a “marketing website”—even if that’s mostly what it is? Zoom is classier than that.

My advice to Zoom is to just drop the jive. There will be no need for Zoom to disambiguate services and websites if neither is involved with adtech at all. And Zoom will be in a much better position to trumpet its commitment to privacy.

That said, this privacy policy rewrite is a big help. So thank you, Zoom, for listening.

 

[This is the third of four posts. The last of those, Zoom’s new privacy policy, visits the company’s positive response to input such as mine here. So you might want to start with that post (because it’s the latest) and look at the other three, including this one, after that.]

I really don’t want to bust Zoom. No tech company on Earth is doing more to keep civilization working at a time when it could so easily fall apart. Zoom does that by providing an exceptionally solid, reliable, friendly, flexible, useful (and even fun!) way for people to be present with each other, regardless of distance. No wonder Zoom is now to conferencing what Google is to search. Meaning: it’s a verb. Case in point: between the last sentence and this one, a friend here in town sent me an email that began with this:

That’s a screen shot.

But Zoom also has problems, and I’ve spent two posts, so far, busting them for one of those problems: their apparent lack of commitment to personal privacy:

  1. Zoom needs to cleanup its privacy act
  2. More on Zoom and privacy

With this third post, I’d like to turn that around.

I’ll start with the email I got yesterday from a person at a company engaged by Zoom for (seems to me) reputation management, asking me to update my posts based on the “facts” (his word) in this statement:

Zoom takes its users’ privacy extremely seriously, and does not mine user data or sell user data of any kind to anyone. Like most software companies, we use third-party advertising service providers (like Google) for marketing purposes: to deliver tailored ads to our users about Zoom products the users may find interesting. (For example, if you visit our website, later on, depending on your cookie preferences, you may see an ad from Zoom reminding you of all the amazing features that Zoom has to offer). However, this only pertains to your activity on our Zoom.us website. The Zoom services do not contain advertising cookies. No data regarding user activity on the Zoom platform – including video, audio and chat content – is ever used for advertising purposes. If you do not want to receive targeted ads about Zoom, simply click the “Cookie Preferences” link at the bottom of any page on the zoom.us site and adjust the slider to ‘Required Cookies.’

I don’t think this squares with what Zoom says in the “Does Zoom sell Personal Data?” section of its privacy policy (which I unpacked in my first post, and that Forbes, Consumer Reports and others have also flagged as problematic)—or with the choices provided in Zoom’s cookie settings, which list 70 (by my count) third parties whose involvement you can opt into or out of (by a set of options I unpacked in my second post). The logos in the image above are just 16 of those 70 parties, some of which include more than one domain.

Also, if all the ads shown to users are just “about Zoom,” why are those other companies in the picture at all? Specifically, under “About Cookies on This Site,” the slider is defaulted to allow all “functional cookies” and “advertising cookies,” the latter of which are “used by advertising companies to serve ads that are relevant to your interests.” Wouldn’t Zoom be in a better position to know your relevant (to Zoom) interests, than all those other companies?

More questions:

  1. Are those third parties “processors” under GDPR, or “service providers by the CCPAs definition? (I’m not an authority on either, so I’m asking.)
  2. How do these third parties know what your interests are? (Presumably by tracking you, or by learning from others who do. But it would help to know more.)
  3. What data about you do those companies give to Zoom (or to each other, somehow) after you’ve been exposed to them on the Zoom site?
  4. What targeting intelligence do those companies bring with them to Zoom’s pages because you’re already carrying cookies from those companies, and those cookies can alert those companies (or others, for example through real time bidding auctions) to your presence on the Zoom site?
  5. If all Zoom wants to do is promote Zoom products to Zoom users (as that statement says), why bring in any of those companies?

Here is what I think is going on (and I welcome corrections): Because Zoom wants to comply with GDPR and CCPA, they’ve hired TrustArc to put that opt-out cookie gauntlet in front of users. They could just as easily have used Quantcast‘s system, or consentmanager‘s, or OneTrust‘s, or somebody else’s.

All those services are designed to give companies a way to obey the letter of privacy laws while violating their spirit. That spirit says stop tracking people unless they ask you to, consciously and deliberately. In other words, opting in, rather than opting out. Every time you click “Accept” to one of those cookie notices, you’ve just lost one more battle in a losing war for your privacy online.

I also assume that Zoom’s deal with TrustArc—and, by implication, all those 70 other parties listed in the cookie gauntlet—also requires that Zoom put a bunch of weasel-y jive in their privacy policy. Which looks suspicious as hell, because it is.

Zoom can fix all of this easily by just stopping it. Other companies—ones that depend on adtech (tracking-based advertising)—don’t have that luxury. But Zoom does.

If we take Zoom at its word (in that paragraph they sent me), they aren’t interested in being part of the adtech fecosystem. They just want help in aiming promotional ads for their own services, on their own site.

Three things about that:

  1. Neither the Zoom site, nor the possible uses of it, are so complicated that they need aiming help from those third parties.
  2. Zoom is the world’s leading sellers’ market right now, meaning they hardly need to advertise at all.
  3. Being in adtech’s fecosystem raises huge fears about what Zoom and those third parties might be doing where people actually use Zoom most of the time: in its app. Again, Consumer Reports, Forbes and others have assumed, as have I, that the company’s embrasure of adtech in its privacy policy means that the same privacy exposures exist in the app (where they are also easier to hide).

By severing its ties with adtech, Zoom can start restoring people’s faith in its commitment to personal privacy.

There’s a helpful model for this: Apple’s privacy policy. Zoom is in a position to have a policy like that one because, like Apple, Zoom doesn’t need to be in the advertising business. In fact, Zoom could follow Apple’s footprints out of the ad business.

And then Zoom could do Apple one better, by participating in work going on already to put people in charge of their own privacy online, at scale. In my last post. I named two organizations doing that work. Four more are the Me2B Alliance, Kantara, ProjectVRM, and MyData.

I’d be glad to help with that too. If anyone at zoom is interested, contact me directly this time. Thanks.

 

 

 

[This is the second of four posts. The last of those, Zoom’s new privacy policy., visits the company’s positive response to input such as mine here. So you might want to start with that post (because it’s current) and look at the other three, including this one, after that.]

Zoom needs to clean up its privacy act, which I posted yesterday, hit a nerve. While this blog normally gets about 50 reads a day, by the end of yesterday it got more than 16000. So far this morning (11:15am Pacific), it has close to 8000 new reads. Most of those owe to this posting on Hacker News, which topped the charts all yesterday and has 483 comments so far. If you care about this topic, I suggest reading them.

Also, while this was going down, as a separate matter (with a separate thread on Hacker News), Zoom got busted for leaking personal data to Facebook, and promptly plugged it. Other privacy issues have also come up for Zoom. For example, this one.

But I want to stick to the topic I raised yesterday, which requires more exploration, for example into how one opts out from Zoom “selling” one’s personal data. This morning I finished a pass at that, and here’s what I found.

First, by turning off Privacy Badger on Chrome (my main browser of the moment) I got to see Zoom’s cookie notice on its index page, https://zoom.us/. (I know, I should have done that yesterday, but I didn’t. Today I did, and we proceed.) It said,

To opt out of Zoom making certain portions of your information relating to cookies available to third parties or Zoom’s use of your information in connection with similar advertising technologies or to opt out of retargeting activities which may be considered a “sale” of personal information under the California Consumer Privacy Act (CCPA) please click the “Opt-Out” button below.

The buttons below said “Accept” (pre-colored a solid blue, to encourage a yes), “Opt-Out” and “More Info.” Clicking “Opt-Out” made the notice disappear, revealing, in the tiny print at the bottom of the page, linked text that says “Do Not Sell My Personal Information.” Clicking on that link took me to the same place I later went by clicking on “More Info”: a pagelet (pop-over) that’s basically an opt-in notice:

By clicking on that orange button, you’ve opted in… I think. Anyway, I didn’t click it, but instead clicked on a smaller and less noticeable “advanced settings” link off to the right. This took me to a pagelet with this:

The “view cookies” links popped down to reveal 16 CCPA Opt-Out “Required Cookies,” 23 “Functional Cookies,” and 47 “Advertising Cookies.” You can’t separately opt out or in of the “required” ones, but you can do that with the other 70 in the sections below. It’s good, I suppose, that these are defaulted to “Out.” (Or seem to be, at least to me.)

So I hit the “Submit Preferences” button and got this:

All the pagelets say “Powered by TrustArc,” by the way. TrustArc is an off-the-shelf system for giving companies a way (IMHO) to obey the letter of the GDPR while violating its spirit. These systems do that by gathering “consents” to various cookie uses. I’m suppose Zoom is doing all this off a TrustArc API, because one of the cookies it wants to give me (blocked by Privacy Badger before I disabled that) is called “consent.trustarc.com”).

So, what’s going on here?

My guess is that Zoom is doing marketing from the lead-generation playbook, meaning that most of its intentional data collection is actually for its own use in pitching possible customers, or its own advertising on its own site, and not for leaking personal data to other parties.

But that doesn’t mean you’re not exposed, or that Zoom isn’t playing in the tracking-based advertising (aka adtech) fecosystem, and therefore is to some degree in the advertising business.

Seems to me, by the choices laid out above, that any of those third parties (up to 70 of them in my view above) are free to gather and share data about you. Also free to give you “interest based” advertising based on what those companies know about your activities elsewhere.

Alas, there is no way to tell what any of those parties actually do, because nobody has yet designed a way to keep track of, or to audit, any of the countless “consents” you click on or default to as you travel the Web. Also, the only thing keeping those valves closed in your browser are cookies that remember which valves do what (if, in fact, the cookies are set and they actually work).

And that’s only on one browser. If you’re like me, you use a number of browsers, each with its own jar of cookies.

The Zoom app is a different matter, and that’s mostly where you operate on Zoom. I haven’t dug into that one. (Though I did learn, on the ProjectVRM mailing list, that there is an open source Chrome extension, called Zoom Redirector, that will keep your Zoom session in a browser and out of the Zoom app.)

I did, however, dig down into my cookie jar in Chome to find the ones for zoom.us. It wasn’t easy. If you want to leverage my labors there, here’s my crumb trail:

  1. Settings
  2. Site Settings
  3. Cookies and Site Data
  4. See all Cookies and Site Data
  5. Zoom.us (it’s near the bottom of a very long list)

The URL for that end point is this: chrome://settings/cookies/detail?site=zoom.us). (Though dropping that URL into a new window or tab works only some of the time.)

I found 22 cookies in there. Here they are:

_zm_cdn_blocked
_zm_chtaid
_zm_client_tz
_zm_ctaid
_zm_currency
_zm_date_format
_zm_everlogin_type
_zm_ga_trackid
_zm_gdpr_email
_zm_lang
_zm_launcher
_zm_mtk_guid
_zm_page_auth
_zm_ssid
billingChannel
cmapi_cookie_privacy
cmapi_gtm_bl
cred
notice_behavior
notice_gdpr_prefs
notice_preferences
slirequested
zm_aid
zm_cluster
zm_haid

Some have obvious and presumably innocent meanings. Others … can’t tell. Also, these are just Zoom’s cookies. If I acquired cookies from any of those 70 other entities, they’re in different bags in my Chrome cookie jar.

Anyway, my point remains the same: Zoom still doesn’t need any of the advertising stuff—especially since they now (and deservedly) lead their category and are in a sellers’ market for their services. That means now is a good time for them to get serious about privacy.

As for fixing this crazy system of consents and cookies (which was broken when we got it in 1994), the only path forward starts on your side and mine. Not on the sites’ side. What each of us need is our own global way to signal our privacy demands and preferences: a Do Not Track signal, or a set of standardized and easily-read signals that sites and services will actually obey. That way, instead of you consenting to every site’s terms and policies, they consent to yours. Much simpler for everyone. Also much more like what we enjoy here in the physical world, where the fact that someone is wearing clothes is a clear signal that it would be rude to reach inside those clothes to plant a tracking beacon on them—a practice that’s pro forma online.

We can come up with that new system, and some of us are working on exactly that. My own work is with Customer Commons. The first Customer Commons term you can proffer, and sites can agree to, is called #P2B1(beta), better known as #NoStalking. it says this:

nostalking

By agreeing to #NoStalking, publishers still get to make money with ads (of the kind that have worked since forever and don’t involve tracking), and you know you aren’t being tracked, because you have a simple and sensible record of the agreement in a form both sides can keep and enforce if necessary.

Toward making that happen I’m also involved in an IEEE working group called P7012 – Standard for Machine Readable Personal Privacy Terms.

If you want to help bring these and similar solutions into the world, talk to me. (I’m first name @ last name dot com.) And if you want to read some background on the fight to turn the advertising fecosystem back into a healthy ecosystem, read here. Thanks.

zoom with eyes

[21 April 2020—Hundreds of people are arriving here from this tweet, which calls me a “Harvard researcher” and suggests that this post and the three that follow are about “the full list of the issues, exploits, oversights, and dubious choices Zoom has made.” So, two things. First, while I run a project at Harvard’s Berkman Klein Center, and run a blog that’s hosted by Harvard, I am not a Harvard employee, and would not call myself a “Harvard researcher.” Second, this post and the ones that follow—More on Zoom and Privacy, Helping Zoom, and Zoom’s new privacy policy—are focused almost entirely on Zoom’s privacy policy and how its need to explain the (frankly, typical) tracking-based marketing tech on its home page gives misleading suggestions about the privacy of Zoom’s whole service. If you’re interested in that, read on. (I suggest by starting at the end of the series, written after Zoom changed its privacy policy, and working back.) If you want research on other privacy issues around Zoom, look elsewhere. Thanks.]


As quarantined millions gather virtually on conferencing platforms, the best of those, Zoom, is doing very well. Hats off.

But Zoom is also—correctly—taking a lot of heat for its privacy policy, which is creepily chummy with the tracking-based advertising biz (also called adtech). Two days ago, Consumer Reports, the greatest moral conscience in the history of business, published Zoom Calls Aren’t as Private as You May Think. Here’s What You Should Know: Videos and notes can be used by companies and hosts. Here are some tips to protect yourself. And there was already lots of bad PR. A few samples:

There’s too much to cover here, so I’ll narrow my inquiry down to the “Does Zoom sell Personal Data?” section of the privacy policy, which was last updated on March 18. The section runs two paragraphs, and I’ll comment on the second one, starting here:

… Zoom does use certain standard advertising tools which require Personal Data…

What they mean by that is adtech. What they’re also saying here is that Zoom is in the advertising business, and in the worst end of it: the one that lives off harvested personal data. What makes this extra creepy is that Zoom is in a position to gather plenty of personal data, some of it very intimate (for example with a shrink talking to a patient) without anyone in the conversation knowing about it. (Unless, of course, they see an ad somewhere that looks like it was informed by a private conversation on Zoom.)

A person whose personal data is being shed on Zoom doesn’t know that’s happening because Zoom doesn’t tell them. There’s no red light, like the one you see when a session is being recorded. If you were in a browser instead of an app, an extension such as Privacy Badger could tell you there are trackers sniffing your ass. And, if your browser is one that cares about privacy, such as Brave, Firefox or Safari, there’s a good chance it would be blocking trackers as well. But in the Zoom app, you can’t tell if or how your personal data is being harvested.

(think, for example, Google Ads and Google Analytics).

There’s no need to think about those, because both are widely known for compromising personal privacy. (See here. And here. Also Brett Frischmann and Evan Selinger’s Re-Engineering Humanity and Shoshana Zuboff’s In the Age of Surveillance Capitalism.)

We use these tools to help us improve your advertising experience (such as serving advertisements on our behalf across the Internet, serving personalized ads on our website, and providing analytics services).

Nobody goes to Zoom for an “advertising experience,” personalized or not. And nobody wants ads aimed at their eyeballs elsewhere on the Net by third parties using personal information leaked out through Zoom.

Sharing Personal Data with the third-party provider while using these tools may fall within the extremely broad definition of the “sale” of Personal Data under certain state laws because those companies might use Personal Data for their own business purposes, as well as Zoom’s purposes.

By “certain state laws” I assume they mean California’s new CCPA, but they also mean the GDPR. (Elsewhere in the privacy policy is a “Following the instructions of our users” section, addressing the CCPA, that’s as wordy and aversive as instructions for a zero-gravity toilet. Also, have you ever seen, anywhere near the user interface for the Zoom app, a place for you to instruct the company regarding your privacy? Didn’t think so.)

For example, Google may use this data to improve its advertising services for all companies who use their services.

May? Please. The right word is will. Why wouldn’t they?

(It is important to note advertising programs have historically operated in this manner. It is only with the recent developments in data privacy laws that such activities fall within the definition of a “sale”).

While advertising has been around since forever, tracking people’s eyeballs on the Net so they can be advertised at all over the place has only been in fashion since around 2007, which was when Do Not Track was first floated as a way to fight it. Adtech (tracking-based advertising) began to hockey-stick in 2010 (when The Wall Street Journal launched its excellent and still-missed What They Know series, which I celebrated at the time). As for history, ad blocking became the biggest boycott, ever by 2015. And, thanks to adtech, the GDPR went into force in 2018 and the CCPA 2020,. We never would have had either without “advertising programs” that “historically operated in this manner.”

By the way, “this manner” is only called advertising. In fact it’s actually a form of direct marketing, which began as junk mail. I explain the difference in Separating Advertising’s Wheat and Chaff.

If you opt out of “sale” of your info, your Personal Data that may have been used for these activities will no longer be shared with third parties.

Opt out? Where? How? I just spent a long time logged in to Zoom  https://us04web.zoom.us/), and can’t find anything about opting out of “‘sale’ of your personal info.” (Later, I did get somewhere, and that’s in the next post, More on Zoom and Privacy.)

Here’s the thing: Zoom doesn’t need to be in the advertising business, least of all in the part of it that lives like a vampire off the blood of human data. If Zoom needs more money, it should charge more for its services, or give less away for free. Zoom has an extremely valuable service, which it performs very well—better than anybody else, apparently. It also has a platform with lots of apps with just as absolute an interest in privacy. They should be concerned as well. (Unless, of course, they also want to be in the privacy-violating end of the advertising business.)

What Zoom’s current privacy policy says is worse than “You don’t have any privacy here.” It says, “We expose your virtual necks to data vampires who can do what they will with it.”

Please fix it, Zoom.

As for Zoom’s competitors, there’s a great weakness to exploit here.

Next post on the topic: More on Zoom and Privacy.

 

 

 

Here’s the popover that greets visitors on arrival at Rolling Stone‘s website:

Our Privacy Policy has been revised as of January 1, 2020. This policy outlines how we use your information. By using our site and products, you are agreeing to the policy.

That policy is supplied by Rolling Stone’s parent (PMC) and weighs more than 10,000 words. In it the word “advertising” appears 68 times. Adjectives modifying it include “targeted,” “personalized,” “tailored,” “cookie-based,” “behavioral” and “interest-based.” All of that is made possible by, among other things—

Information we collect automatically:

Device information and identifiers such as IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers

Internet network and device activity data such as information about files you download, domain names, landing pages, browsing activity, content or ads viewed and clicked, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, the URL that referred you to our Services, the web sites you visit after this web site; if you share our content to social media platforms; and other web usage activity and data logged by our web servers, whether you open an email and your interaction with email content, access times, error logs, and other similar information. See “Cookies and Other Tracking Technologies” below for more information about how we collect and use this information.

Geolocation information such as city, state and ZIP code associated with your IP address or derived through Wi-Fi triangulation; and precise geolocation information from GPS-based functionality on your mobile devices, with your permission in accordance with your mobile device settings.

The “How We Use the Information We Collect” section says they will—

Personalize your experience to Provide the Services, for example to:

  • Customize certain features of the Services,
  • Deliver relevant content and to provide you with an enhanced experience based on your activities and interests
  • Send you personalized newsletters, surveys, and information about products, services and promotions offered by us, our partners, and other organizations with which we work
  • Customize the advertising on the Services based on your activities and interests
  • Create and update inferences about you and audience segments that can be used for targeted advertising and marketing on the Services, third party services and platforms, and mobile apps
  • Create profiles about you, including adding and combining information we obtain from third parties, which may be used for analytics, marketing, and advertising
  • Conduct cross-device tracking by using information such as IP addresses and unique mobile device identifiers to identify the same unique users across multiple browsers or devices (such as smartphones or tablets, in order to save your preferences across devices and analyze usage of the Service.
  • using inferences about your preferences and interests for any and all of the above purposes

For a look at what Rolling Stone, PMC and their third parties are up to, Privacy Badger’s browser extension “found 73 potential trackers on www.rollingstone.com:

tagan.adlightning.com
 acdn.adnxs.com
 ib.adnxs.com
 cdn.adsafeprotected.com
 static.adsafeprotected.com
 d.agkn.com
 js.agkn.com
 c.amazon-adsystem.com
 z-na.amazon-adsystem.com
 display.apester.com
 events.apester.com
 static.apester.com
 as-sec.casalemedia.com
 ping.chartbeat.net
 static.chartbeat.com
 quantcast.mgr.consensu.org
 script.crazyegg.com
 dc8xl0ndzn2cb.cloudfront.net
cdn.digitru.st
 ad.doubleclick.net
 securepubads.g.doubleclick.net
 hbint.emxdgt.com
 connect.facebook.net
 adservice.google.com
 pagead2.googlesyndication.com
 www.googletagmanager.com
 www.gstatic.com
 static.hotjar.com
 imasdk.googleapis.com
 js-sec.indexww.com
 load.instinctiveads.com
 ssl.p.jwpcdn.com
 content.jwplatform.com
 ping-meta-prd.jwpltx.com
 prd.jwpltx.com
 assets-jpcust.jwpsrv.com
 g.jwpsrv.com
pixel.keywee.co
 beacon.krxd.net
 cdn.krxd.net
 consumer.krxd.net
 www.lightboxcdn.com
 widgets.outbrain.com
 cdn.permutive.com
 assets.pinterest.com
 openbid.pubmatic.com
 secure.quantserve.com
 cdn.roiq.ranker.com
 eus.rubiconproject.com
 fastlane.rubiconproject.com
 s3.amazonaws.com
 sb.scorecardresearch.com
 p.skimresources.com
 r.skimresources.com
 s.skimresources.com
 t.skimresources.com
launcher.spot.im
recirculation.spot.im
 js.spotx.tv
 search.spotxchange.com
 sync.search.spotxchange.com
 cc.swiftype.com
 s.swiftypecdn.com
 jwplayer.eb.tremorhub.com
 pbs.twimg.com
 cdn.syndication.twimg.com
 platform.twitter.com
 syndication.twitter.com
 mrb.upapi.net
 pixel.wp.com
 stats.wp.com
 www.youtube.com
 s.ytimg.com

This kind of shit is why we have the EU’s GDPR (General Data Protection Regulation) and California’s CCPA (California Consumer Privacy Act). (No, it’s not just because Google and Facebook.) If publishers and the adtech industry (those third parties) hadn’t turned the commercial Web into a target-rich environment for suckage by data vampires, we’d never have had either law. (In fact, both laws are still new: the GDPR went into effect in May 2018 and the CCPA a few days ago.)

I’m in California, where the CCPA gives me the right to shake down the vampiretariat for all the information about me they’re harvesting, sharing, selling or giving away to or through those third parties.* But apparently Rolling Stone and PMC don’t care about that.

Others do, and I’ll visit some of those in later posts. Meanwhile I’ll let Rolling Stone and PMC stand as examples of bad acting by publishers that remains rampant, unstopped and almost entirely unpunished, even under these new laws.

I also suggest following and getting involved with the fight against the plague of data vampirism in the publishing world. These will help:

  1. Reading Don Marti’s blog, where he shares expert analysis and advice on the CCPA and related matters. Also People vs. Adtech, a compilation of my own writings on the topic, going back to 2008.
  2. Following what the browser makers are doing with tracking protection (alas, differently†). Shortcuts: Brave, Google’s Chrome, Ghostery’s Cliqz, Microsoft’s Edge, Epic, Mozilla’s Firefox.
  3. Following or joining communities working to introduce safe forms of nourishment for publishers and better habits for advertisers and their agencies. Those include Customer CommonsMe2B AllianceMyData Global and ProjectVRM.

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*The bill (AB 375), begins,

The California Constitution grants a right of privacy. Existing law provides for the confidentiality of personal information in various contexts and requires a business or person that suffers a breach of security of computerized data that includes personal information, as defined, to disclose that breach, as specified.

This bill would enact the California Consumer Privacy Act of 2018. Beginning January 1, 2020, the bill would grant a consumer a right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of 3rd parties with which the information is shared. The bill would require a business to make disclosures about the information and the purposes for which it is used. The bill would grant a consumer the right to request deletion of personal information and would require the business to delete upon receipt of a verified request, as specified. The bill would grant a consumer a right to request that a business that sells the consumer’s personal information, or discloses it for a business purpose, disclose the categories of information that it collects and categories of information and the identity of 3rd parties to which the information was sold or disclosed…

Don Marti has a draft letter one might submit to the brokers and advertisers who use all that personal data. (He also tweets a caution here.)

†This will be the subject of my next post.

newspaperIn a Columbia Journalism Review op-ed, Bernie Sanders presents a plan to save journalism that begins,

WALTER CRONKITE ONCE SAID that “journalism is what we need to make democracy work.” He was absolutely right, which is why today’s assault on journalism by Wall Street, billionaire businessmen, Silicon Valley, and Donald Trump presents a crisis—and why we must take concrete action.

His prescriptive remedies run ten paragraphs long, and all involve heavy government intervention. Rob Williams (@RobWilliamsNY) of MediaPost provides a brief summary in Bernie Sanders Has Misguided Plan To Save Journalism:

Almost two weeks after walking back his criticism of The Washington Post, which he had suggested was a mouthpiece for owner Jeff Bezos, Sanders described a scheme that would re-order the news business with taxes, cross-subsidies and trust-busting…

Sanders also proposes new taxes on online targeted ads, and using the proceeds to fund nonprofit civic-minded media. It’s highly doubtful that a government-funded news provider will be a better watchdog of local officials than an independent publisher. Also, a tax-funded news source will compete with local publishers that already face enough threats.

Then Rob adds,

Sanders needs to recognize that the news business is subject to market forces too big to tame with more government regulation. Consumers have found other sources for news, including pay-TV and a superabundance of digital publishers.

Here’s a lightly edited copy of the comment I put up under Rob’s post:

Journalism as we knew it—scarce and authoritative media resources on print and air—has boundless competition now from, well, everybody.

Because digital.

Meaning we are digital now. (Proof: try living without your computer and smartphone.) As digital beings we float in a sea of “content,” very little of which is curated, and much of which is both fake and funded by the same systems (Google, Facebook and the four-dimensional shell game called adtech) that today rewards publishers for bringing tracked eyeballs to robots so those eyeballs can be speared with “relevant” and “interactive” ads.

The systems urging those eyeballs toward advertising spears are algorithmically biased to fan emotional fires, much of which reduces to enmity toward “the other,” dividing worlds of people into opposing camps (each an “other” for the “other”). Because, hey, it’s good for the ad business, which includes everyone it pays, including what’s left of mainstream and wannabe mainstream journalism.

Meanwhile, the surviving authoritative sources in that mainstream have themselves become fat with opinion while carving away reporters, editors, bureaus and beats. Brand advertising, for a century the most reliable and generous source of funding for good journalism (admittedly, along with some bad), is now mostly self-quarantined to major broadcast media, while the eyeball-spearing “behavioral” kind of advertising rules online, despite attempts by regulators (especially in Europe) to stamp it out. (Because it is in fact totally rude.)

Then there’s the problem of news surfeit, which trivializes everything with its abundance, no matter how essential and important a given story may be. It’s all just too freaking much. (More about that here.)

And finally there’s the problem of “the story”—journalism’s stock-in-trade. Not everything that matters fits the story format (character, problem, movement). Worse, we’re living in a time when the most effective political leaders are giant characters who traffic in generating problems that attract news coverage like a black hole attracts everything nearby that might give light. (More about that here.)

Against all those developments at once, there is hardly a damn thing lawmakers or regulators can do. Grandstanding such as Sanders does in this case only adds to the noise, which Google’s and Facebook’s giant robots are still happy to fund.

Good luck, folks.

So. How do we save journalism—if in fact we can? Three ideas:

  1. Start at the local level, because the physical world is where the Internet gets real. It’s hard to play the fake news game there, and that alone is a huge advantage (This is what my TED talk last year was about, by the way.)
  2. Whatever Dave Winer is working on. I don’t know anybody with as much high-power insight and invention, plus the ability to make stuff happen. (Heard of blogging and podcasting? You might not have if them weren’t for Dave. Some history herehere and here.)
  3. Align incentives between journalism, its funding sources and its readers, listeners and viewers. Surveillance-based adtech is massively misaligned with the moral core of journalism, the brand promises of advertisers and the privacy of every human being exposed to it. Bernie and too many others miss all that, largely because the big publishers have been chickenshit about admitting their role in adtech’s surveillance system—and reporting on it.
  4. Put the users of news in charge of their relationships with the producers of it. Which can be done. For example, we can get rid of those shitty adtech-protecting cookie notices on the front doors of websites with terms that readers can proffer and publishers can agree to, because those terms are a good deal for both. Here’s one.

I think we’ll start seeing the tide turn when when what’s left of responsible ad-funded online publishing cringes in shame at having participated in adtech’s inexcusable surveillance business—and reports on it thoroughly.

Credit where due: The New York Times has started, with its Privacy Project. An excellent report by Farhad Manjoo (@fmanjoo) in that series contains this long-overdue line:”Among all the sites I visited, news sites, including The New York Times and The Washington Post, had the most tracking resources.”

Hats off to Farhad for grabbing a third rail there. I’ve been urging this for a long time, and working especially on #4, through ProjectVRMCustomerCommons and the IEEE’s working group (P7012) on Standard for Machine Readable Personal Privacy Terms. If you want to roll up your sleeves and help with this stuff, join one or more of those efforts.

 

 

Whither Linux Journal?

[16 August 2019…] Had a reassuring call yesterday with Ted Kim, CEO of London Trust Media. He told me the company plans to keep the site up as an archive at the LinuxJournal.com domain, and that if any problems develop around that, he’ll let us know. I told him we appreciate it very much—and that’s where it stands. I’m leaving up the post below for historical purposes.

On August 5th, Linux Journal‘s staff and contractors got word from the magazine’s parent company, London Trust Media, that everyone was laid off and the business was closing. Here’s our official notice to the world on that.

I’ve been involved with Linux Journal since before it started publishing in 1994, and have been on its masthead since 1996. I’ve also been its editor-in-chief since January of last year, when it was rescued by London Trust Media after nearly going out of business the month before. I say this to make clear how much I care about Linux Journal‘s significance in the world, and how grateful I am to London Trust Media for saving the magazine from oblivion.

London Trust Media can do that one more time, by helping preserve the Linux Journal website, with its 25 years of archives, so all its links remain intact, and nothing gets 404’d. Many friends, subscribers and long-time readers of Linux Journal have stepped up with offers to help with that. The decision to make that possible, however, is not in my hands, or in the hands of anyone who worked at the magazine. It’s up to London Trust Media. The LinuxJournal.com domain is theirs.

I have had no contact with London Trust Media in recent months. But I do know at least this much:

  1. London Trust Media has never interfered with Linux Journal‘s editorial freedom. On the contrary, it quietly encouraged our pioneering work on behalf of personal privacy online. Among other things, LTM published the first draft of a Privacy Manifesto now iterating at ProjectVRM, and recently published on Medium.
  2. London Trust Media has always been on the side of freedom and openness, which is a big reason why they rescued Linux Journal in the first place.
  3. Since Linux Journal is no longer a functioning business, its entire value is in its archives and their accessibility to the world. To be clear, these archives are not mere “content.” They are a vast store of damned good writing, true influence, and important history that search engines should be able to find where it has always been.
  4. While Linux Journal is no longer listed as one of London Trust Media’s brands, the website is still up, and its archives are still intact.

While I have no hope that Linux Journal can be rescued again as a subscriber-based digital magazine, I do have hope that the LinuxJournal.com domain, its (Drupal-based) website and its archives will survive. I base that hope on believing that London Trust Media’s heart has always been in the right place, and that the company is biased toward doing the right thing.

But the thing is up to them. It’s their choice whether or not to support the countless subscribers and friends who have stepped forward with offers to help keep the website and its archives intact and persistent on the Web. It won’t be hard to do that. And it’s the right thing to do.

[19 July 2019 update…] I just copied* this piece over from its old placement in Medium. I can no longer edit it there, and the images in it have disappeared. This is also the case for other stuff I’ve published on Medium, alas.

*I also copied over all the HTML cruft that Medium is full of. It’ll take more time than I have to extract that. Meanwhile, it seems to look okay.

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This is wrong:

Because I’m not blocking ads. I’m blocking tracking.

In fact I welcome ads—especially ones that sponsor The Washington Post and other fine publishers. I’ll also be glad to subscribe to the Post once it stops trying to track me off their site. Same goes for The New York Times, The Wall Street Journal and other papers I value and to which I no longer subscribe.

Right now Privacy Badger protects me from 20 and 35 potential trackers at those papers’ sites, in addition to the 19 it finds at the Post. Most of those trackers are for stalking readers like marked animals, so their eyeballs can be shot by “relevant,” “interest-based” and “interactive” ads they would never request if they had much choice about it—and in fact have already voted against with ad blocking, which by 2015 was already the biggest boycott in world history. As I point out in that link (and Don Marti did earlier in DCN), there was in that time frame a high correlation between interest in blocking ads and interest (surely by the ad industry) in retargeting, which is the most obvious evidence to people that they are being tracked. See here:

Tracking-based ads, generally called adtech, do not sponsor publications. They use publications as holding pens in which human cattle can be injected with uninvited and unwelcome tracking files (generally called cookies) so their tracked eyeballs can be shot, wherever they might show up, with ads aimed by whatever surveillance data has been gleaned from those eyeballs’ travels about the Net.

Real advertising—the kind that makes brands and sponsors publications—doesn’t track people. Instead it is addressed to whole populations. In doing so it sponsors the media it uses, and testifies to those media’s native worth. Tracking-based ads can’t and don’t do that.

That tracking-based ads pay, and are normative in the extreme, does not make right the Post‘s participation in the practice. Nor does it make correct the bad thinking (and reporting!) behind notices such as the one above.

Let’s also be clear about two myths spread by the “interactive” (aka “relevant” and “interest-based”) advertising business:

  1. That the best online advertising is also the most targeted—and “behavioral” as well, meaning informed by knowledge about an individual, typically gathered by tracking. This is not the kind of advertising that made Madison Avenue, that created nearly every brand you can name, and that has sponsored publishers and other media for the duration. Instead it is direct marketing, aka direct response marketing. Both of those labels are euphemistic re-brandings that the direct mail business gave itself after the world started calling it junk mail. Sure, much (or most) of the paid messages we see online are called advertising, and look like advertising; but as long as they want to get personal, they’re direct marketing.
  2. That tracking-based advertising (direct marketing by another name) is the business model of the “free” Internet. In fact the Internet at its base is as free as gravity and sunlight, and floats all business boats, whether based on advertising or not.

Getting the world to mistake direct marketing for real advertising is one of the great magic tricks of all time: a world record for misdirection in business. To help explain the difference, I wrote Separating Advertising’s Wheat From Chaff, the most quoted line from which is “Madison Avenue fell asleep, direct response marketing ate its brain, and it woke up as an alien replica of itself.” Alas, the same is true for the business offices of the Post and every other publisher that depends on tracking. They ceased selling their pages as spaces for sponsors and turned those spaces over to data vampires living off the blood of readers’ personal data.

There is a side for those publishers to take on this thing, and it’s not with the tracking-based advertising business. It is with their own moral backbone, and with the readers who still keep faith in it.

If any reporter (e.g.@CraigTimberg @izzadwoskin@nakashimae ‏and @TonyRomm) wants to talk to me about this, write me at doc at searls.com or DM me here on Twitter.* Thanks.

Bonus link (and metaphor)

*So far, silence. But hey: I know I’m asking journalists to grab a third rail here. And it’s one that needs to be grabbed. There might even be a Pulitzer for whoever grabs it. Because the story is that big, and it’s not being told, at least not by any of the big pubs. The New York TimesPrivacy Project has lots of great stuff, but none that grabs the third rail. The closest the Times has come is You’re not alone when you’re on Google, by Jennifer Senior (@JenSeniorNY). In it she says “your newspaper” (alas, not this one) is among the culprits. But it’s a step. We need more of those. (How about it, @cwarzel?)†

[Later…] We actually have a great model for how the third rail might be grabbed, because The Wall Street Journal wrestled it mightily with the What They Know series, which ran from 2010 to 2012. For most of the years after that, the whole series, which was led by Julia Angwin and based on lots of great research, was available on the Web for everybody at http://wsj.com/wtk. But that’s a 404 now. If you want to see a directory of the earliest pieces, I list them in a July 2010 blog post titled The Data Bubble. That post begins,

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.

Alas, the tide did not turn. It kept coming in and getting deeper. And now we’re drowning under it.

† I did hear from Charlie Warzel (@cwarzel), who runs the Privacy Project series at the Times , and assured me that they would be covering the issue. And (Yay!) it did, with I Visited 47 Sites. Hundreds of Trackers Followed Me, by Farhad Manjoo (@fmanjoo). This was followed by critique of that piece titled Privacy Fundamentalism, by Ben Thompson in Stratechery. I responded to both with On Privacy Fundamentalism. So check those out too.

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