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dat is the new love

Personal data, that is.

Because it’s good to give away—but only if you mean it.

And it’s bad to take it, even it seems to be there for the taking.

I bring this up because a quarter million pages (so far) on the Web say “data is the new oil.”

That’s because a massive personal data extraction industry has grown up around the simple fact that our data is there for the taking. Or so it seems. To them. And their apologists.

As a result, we’re at a stage of wanton data extraction that looks kind of like the oil industry did in 1920 or so:

It’s a good metaphor, but for a horrible business. It’s a business we need to reform, replace, or both. What we need most are new industries that grow around who and what we are as individual human beings—and as a society that values what makes us human.

Our data is us. Each of us. It is our life online. Yes, we shed some data in the course of our activities there, kind of like we shed dandruff and odors. But that’s no excuse for the extractors to frack our lives and take what they want, just because it’s there, and they can.

Now think about what love is, and how it works. How we give it freely, and how worthwhile it is when others accept it. How taking it without asking is simply wrong. How it’s better to earn it than to demand it. How it grows when it’s given. How we grow when we give it as well.

True, all metaphors are wrong, but that’s how metaphors work. Time is not money. Life is not travel. A country is not a family. But all those things are like those other things, so we think and talk about each of them in terms of those others. (By saving, wasting and investing time; by arriving, departing, and moving through life; by serving our motherlands, and honoring our founding fathers.)

Oil made sense as a metaphor when data was so easy to take, and the resistance wasn’t there.

But now the resistance is there. More than half a billion people block ads online, most of which are aimed by extracted personal data. Laws like the GDPR have appeared, with heavy fines for taking personal data without clear permission.

I could go on, but I also need to go to bed. I just wanted to get this down while it was in the front of my mind, where it arrived while discussing how shitty and awful “data is the new oil” was when it first showed up in 2006, and how sadly popular it has become since then:

It’s time for a new metaphor that expresses what our personal data really is to us, and how much more it’s worth to everybody else if we keep, give and accept it on the model of love.

You’re welcome.

 

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

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

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

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

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

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

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

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

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

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

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

 

amsterdam-streetImagine you’re on a busy city street where everybody who disagrees with you disappears.

We have that city now. It’s called media—especially the social kind.

You can see how this works on Wall Street Journal‘s Blue Feed, Red Feed page. Here’s a screen shot of the feed for “Hillary Clinton” (one among eight polarized topics):

blue-red-wsj

Both invisible to the other.

We didn’t have that in the old print and broadcast worlds, and still don’t, where they persist. (For example, on news stands, or when you hit SCAN on a car radio.)

But we have it in digital media.

Here’s another difference: a lot of the stuff that gets shared is outright fake. There’s a lot of concern about that right now:

fakenews

Why? Well, there’s a business in it. More eyeballs, more advertising, more money, for more eyeballs for more advertising. And so on.

Those ads are aimed by tracking beacons planted in your phones and browsers, feeding data about your interests, likes and dislikes to robot brains that work as hard as they can to know you and keep feeding you more stuff that stokes your prejudices. Fake or not, what you’ll see is stuff you are likely to share with others who do the same. This business that pays for this is called “adtech,” also known as “interest based” or “interactive” advertising. But those are euphemisms. Its science is all about stalking. They can plausibly deny it’s personal. But it is.

The “social” idea is “markets as conversations” (a personal nightmare for me, gotta say). The business idea is to drag as many eyeballs as possible across ads that are aimed by the same kinds of creepy systems. The latter funds the former.

Rather than unpack that, I’ll leave that up to the rest of ya’ll, with a few links:

 

I want all the help I can get unpacking this, because I’m writing about it in a longer form than I’m indulging in here. Thanks.

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cropped-wst-logo-main[3 December update: Here is a video of the panel.]

So I was on a panel at WebScience@10 in London (@WebScienceTrust, #WebSci10), where the first question asked was, “What are two aspects of ‘trust and the Web’ that you think are most relevant/important at the moment?” My answer went something like this::::

1) The Net is young, and the Web with it.

Both were born in their current forms on 30 April 1995, when the NSFnet backed off on its forbidding commercial traffic on its pipes. This opened the whole Net to absolutely everything, exactly when the graphical Web browser became fully useful.

Twenty-one years in the history of a world is nothing. We’re still just getting started here.

2) The Internet, like nature, did not come with privacy. And privacy is personal. We need to start there.

We arrived naked in this new world, and — like Adam and Eve — still don’t have clothing and shelter.

The browser should have been a private tool in the first place, but it wasn’t; and it won’t be, so long as we leave improving it mostly up to companies with more interest in violating our privacy than providing it.

Just 21 years into this new world, we still need our own clothing, shelter, vehicles and private spaces. Browsers included. We will only get privacy if our tools provide it as a simple fact.

We also need to be the first parties, rather than the second ones, in our social and business agreements. In other words, others need to accept our terms, rather than vice versa. As first parties, we are independent. As second parties, we are dependent. Simple as that. Without independence, without agency, without the ability to initiate, without the ability to obtain agreement on our own terms, it’s all just more of the same old industrial model.

In the physical world, our independence earns respect, and that’s what we give to others as a matter of course. Without that respect, we don’t have civilization. This is why the Web we have today is still largely uncivilized.

We can only civilize the Net and the Web by inventing digital clothing and doors for people, and by providing standard agreements private individuals can assert in their dealings with others.

Inventing yet another wannabe unicorn to provide “privacy as a service” won’t do it. Nor will regulating the likes of Facebook and Google, or expecting them to become interested in building protections, when their businesses depend on the absence of those protections.

Fortunately, work has begun on personal privacy tools, and agreements we can each assert. And we can talk about those.

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This is a second draft of this post, corrected by Denise Howell’s comment below. Key facts: I am not a lawyer. She is. Good one, too. So take heed (as I just did). And read on.

nouber

Uber has new terms for you:

User Provided Content.

Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

The emphasis is mine. Interesting legal hack there: you own your data, but you license it to them, on terms that grant you nothing and grant them everything.

Talk about a deal breaker. Wow. (Except it’s also the old deal.)

Here’s the prior (and still current) version.

The new one goes into effect on 21 November. As I read that (when I wrote the first draft of this post), they have sale on personal data pending until that time.

For what it’s worth (nothing, given the above), here’s Uber’s privacy policy.

Meanwhile, here are Lyft’s terms:  Its privacy policy is on the same page, but here’s a direct link.

At the very least, Lyft should make hay on this, if they actually do have an advantage in the degree to which they protect privacy. (Denise, below, says they don’t. But hey, maybe they could if they wanted to compete on privacy.)

Here’s what matters (and remains unchanged from Denise’s corrections):::

We need our own terms. Meaning each of us should be the first party in agreements with service providers, not the second. Meaning they need to agree to our terms.

That’s Customer Commons’ reason for being. Just as Creative Commons is where you will find copyright terms you can assert as an artist, Customer Commons will be where you will find service terms you can assert as a customer.

With the wind of new .eu and .au  privacy laws (e.g. the EU’s GDPR) at our backs, we stand a good chance of making this happen.

The question is how we can get some mojo behind it. Thoughts welcome. Shoulders to the wheel as well.

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