Category: decentralized (page 1 of 2)

What makes a good customer?

For awhile the subhead at Customer Commons (our nonprofit spin-off) was this:

How good customers work with good companies

It’s still a timely thing to say, since searches on Google for “good customer” are at an all-time high:

 

The year 2004, when Google began keeping track of search trends, was also the year “good customer” hit at an all-time high in percentage of appearances in books Google scanned*:

So now might be the time to ask, What exactly is a “good customer?

The answer depends on the size of the business, and how well people and systems in the business know a customer. Put simply, it’s this:

  1. For a small business, a good customer is a person known by face and name to people who work there, and who has earned a welcome.
  2. For a large business, it’s a customer known to spend more than other customers.

In both cases, the perspective is the company’s, not the customer’s.

Ever since industry won the industrial revolution, the assumption has been that business is about businesses, not about customers. It doesn’t matter how much business schools, business analysts, consultants and sellers of CRM systems say it’s about customers and their “experience.” It’s not.

To  see how much it’s not, do a Bing or a Google search for “good customer.” Most of the results will be for good customer + service. If you put quotes around “good customer” on either search engine and also The Markup’s Simple Search (which brings to the top “traditional” results not influenced by those engines’ promotional imperatives), your top result will be Paul Jun’s How to be a good customer post on Help Scout. That one offers “tips on how to be a customer that companies love.” Likewise with Are You a Good Customer? Or Not.: Are you Tippin’ or Trippin’? by Janet Vaughan, one of the top results in a search for “good customer” at Amazon. That one is as much a complaint about bad customers as it is advice for customers who aspire to be good. Again, the perspective is a corporate one: either “be nice” or “here’s how to be nice.”

But what if customers can be good in ways that don’t involve paying a lot, showing up frequently and being nice?

For example, what if customers were good sources of intelligence about how companies and their products work—outside current systems meant to minimize exposure to customer input and to restrict that input to the smallest number of variables? (The worst of which is the typical survey that wants to know only how the customer was treated by the agent, rather than by the system behind the agent.)

Consider the fact that a customer’s experience with a product or service is far more rich, persistent and informative than is the company’s experience selling those things, or learning about their use only through customer service calls (or even through pre-installed surveillance systems such as those which for years now have been coming in new cars).

The curb weight of customer intelligence (knowledge, knowhow, experience) with a company’s products and services far outweighs whatever the company can know or guess at.

So, what if that intelligence were to be made available by the customer, independently, and in standard ways that worked at scale across many or all of the companies the customer deals with?

At ProjectVRM, this has been a consideration from the start. Turning the customer journey into a virtuous cycle explores how much more the customer knows on the “own” side of what marketers call the “customer life journey”†:

Given who much more time a customer spends owning something than buying it, the right side of that graphic is actually huge.

I wrote that piece in July 2013, alongside another that asked, Which CRM companies are ready to dance with VRM? In the comments below, Ray Wang, the Founder, Chairman and Principal Analyst at Constellation Research, provided a simple answer: “They aren’t ready. They live in a world of transactions.”

Yet signals between computing systems are also transactional. The surveillance system in your new car is already transacting intelligence about your driving with the company that made the car, plus its third parties (e.g. insurance companies). Now, what if you could, when you wish, share notes or questions about your experience as a driver? For example—

  • How there is a risk that something pointed and set in the trunk can easily puncture the rear bass speaker screwed into the trunk’s roof and is otherwise unprotected
  • How some of the dashboard readouts could be improved
  • How coins or pens dropped next to the console between the front seats risk disappearing to who-knows-where
  • How you really like the way your headlights angle to look down bends in the road

(Those are all things I’d like to tell Toyota about my wife’s very nice (but improvable) new 2020 Camry XLE Hybrid. )

We also visited what could be done in How a real customer relationship ought to work in 2014 and in Market intelligence that flows both ways in 2016. In that one we use the example of my experience with a pair of Lamo moccasins that gradually lost their soles, but not their souls (I still have and love them):

By giving these things a pico (a digital twin of itself, or what we might call internet-of-thing-ness without onboard smarts), it is not hard to conceive a conduit through which reports of experience might flow from customer to company, while words of advice, reassurance or whatever might flow back in the other direction:

That’s transactional, but it also makes for a far better relationship that what today’s CRM systems alone can imagine.

It also enlarges what “good customer” means. It’s just one way how, as it says at the top, good customers can work with good companies.

Something we’ve noticed in Pandemic Time is that both customers and companies are looking for better ways to get along, and throwing out old norms right and left. (Such as, on the corporate side, needing to work in an office when the work can also be done at home.)

We’ll be vetting some of those ways at VRM/CuCo Day, Monday 19 April. That’s the day before the Internet Identity Workshop, where many of us will be talking and working on bringing ideas like these to market. The first is free, and the second is cheap considering it’s three days long and the most leveraged conference of any kind I have ever known. See you there.


*Google continued scanning books after that time, but the methods differed, and some results are often odd. (For example, if your search goes to 2019, the last year they cover, the  results start dropping in 2009, hit zero in 2012 and stay at zero after that—which is clearly wrong as well as odd.)

†This graphic, and the whole concept, are inventions of Estaban Kolsky, one of the world’s great marketing minds. By the way, Estaban introduced the concept here in 2010, calling it “the experience continuum.” The graphic above comes from a since-vanished page at Oracle.

Toward e-commerce 2.0

Phil Windley explains e-commerce 1.0  in a single slide that says this:

One reason this happened is that client-server, aka calf-cow  (illustrated in Thinking outside the browser) has been the default format for all relationships on the Web, and cookies are required to maintain those relationships.  The result is a highly lopsided power asymmetry in which the calves have no more power than the cows give them. As a result,

  1. The calves have no easy way even to find  (much less to understand or create) the cookies in their browsers’ jars.
  2. The calves have no identity of their own, but instead have as many different identities as there are websites that know (via cookies) their visiting browsers. This gives them no independence, much less a place to stand like Archimedes, with a lever on the world. The browser may be a great tool, but it’s neither that place to stand, nor a sufficient lever. (Yes, it should have been, and maybe still could be; but meanwhile, it isn’t.)
  3. All the “agreements” the calves have with the websites’ cows leave no readable record on the calves’ side. This severely limits their capacity for dispute, which is required for a true relationship.
  4. There exists no independent way the calves to signal their intentions—such as interests in purchase, conditions for engagement, or the need to be left alone (which is how Brandeis and Warren define privacy).

In other words, the best we can do in e-commerce 1.0 is what the calf-cow system provides: ways for calves to depend utterly on means the cows provide. And some of those cows are mighty huge.

Nearly all of signaling between demand and supply remains trapped inside these silos and walled gardens. We search inside their systems, we are notified of product and service availability inside their systems, we make agreements inside their systems (to terms and conditions they provide and require), or privacy is dependent on their systems, and product and service delivery is handled either inside their systems or through allied and dependent systems.

Credit where due: an enormous amount of good has come out of these systems. But a far larger amount of good is MLOTT—money left on the table—because there is a boundless sum and variety of demand and supply that still cannot easily signal their interest, intentions of presence to each other in the digital world.

Putting that money on the table is our job in e-commerce 2.0.

So here is a challenge: tell us how we can do that without using browsers.

Some of us here do have ideas. But we’d like to hear from you first.


Cross-posted at the ProjectVRM blog, here.

Thinking outside the browser

Even if you’re on a phone, chances are you’re reading this in a browser.

Chances are also that most of what you do online is through a browser.

Hell, many—maybe even most—of the apps you use on your phone use the Webkit browser engine. Meaning they’re browsers too.

And, of course, I’m writing this in a browser.

Two problems with this:

  1. Browsers are clients, which are by design subordinate to servers.
  2. There is a lot that can’t be done with a browser.

So let’s start with subordination.

While the Internet at its base is a word-wide collection of peers, the Web that runs on it is a collection of servers to which we are mere clients. That’s because the Web was was built on an old mainframe model of computing called client-server. This is actually more of a calf-cow arrangement than a peer-to-peer one:

So, while we “go to” or “visit” a website, we actually don’t go anywhere. Instead we request a file. Even when you’re watching or listening to a stream, what’s actually happening is a file unfurling itself into your browser.

What you expect when you go to a website is typically the file called a page. You also expect that page will bring a payload of other files providing graphics, video clips or whatever. You might also expect the site to remember that you’ve been there before, or that you’re a subscriber to the site’s services.

You may also understand that the site remembers you because your browser carries a “cookie” the site put there, to helps the site remember what’s called “state,” so the browser and the site can renew their acquaintance. This is what Lou Montulli  meant the cookie to do when he invented it in 1994. Lou thought it up because the client-server design puts most agency on the server side, and in the dial-up world of the time, that made the most sense.

Alas, even though we now live in a world where there can be boundless intelligence on the individual’s side, and there is far more capacious communication bandwidth between network nodes, damn near everyone continues to presume a near-absolute power asymmetry between clients and servers, calves and cows, people and sites. It’s also why today when you go to a site and it asks you to accept its use of cookies, something unknown to you (presumably—you can’t tell) remembers that “agreement” and its settings, and you don’t—even though there is no reason why you shouldn’t or couldn’t. It doesn’t even occur to the inventors and maintainers of cookie acceptance systems that a mere “user” should have any way to record, revisit or audit the “agreement.” All they want is what the law now requires of them: your “consent.”

This near-absolute power asymmetry between the Web’s calves and cows is also why you typically get a vast payload of spyware when your browser simply asks to see whatever it is you actually want from the website.  To see how big that payload can be, I highly recommend a tool called PageXray, from Fou Analytics, run by Dr. Augustine Fou (aka @acfou). For a test run, try PageXray on the Daily Mail’s U.S. home page, and you’ll see that you’re also getting this huge payload of stuff you didn’t ask for:

Adserver Requests: 756
Tracking Requests: 492
Other Requests: 184

The visualization looks like this:

This is how, as Richard Whitt perfectly puts it, “the browser is actually browsing us.”

All those requests, most of which are for personal data of some kind, come in the form of cookies and similar files. The visual above shows how information about you fans out to a near countless number of third parties and dependents on those. And, while these cookies are stored by your browser, they are meant to be readable only by the server or one or more of its third parties.

This is the icky heart of the e-commerce “ecosystem” today.

By the way, and to be fair, two of the browsers in the graphic above—Epic and Tor—by default disclose as little as possible about you and your equipment to the sites you visit. Others have privacy features and settings. But getting past the whole calf-cow system is the real problem we need to solve.

Now let’s look at what can’t be done with a browser. If you think the answer is nothing, you’re stuck inside the browser box. If you think the answer is something, tell us what it is.

We have some ideas. But first we’d like to hear from you.


Cross-posted at the Customer Commons blog, here.

Let’s zero-base zero-party data

Forrester Research has gifted marketing with a hot buzzphrase: zero-party data, which they define as “data that a customer intentionally and proactively shares with a brand, which can include preference center data, purchase intentions, personal context, and how the individual wants the brand to recognize her.”

Salesforce, the CRM giant (that’s now famously buying Slack), is ambitious about the topic, and how it can “fuel your personalized marketing efforts.” The second person you is Salesforce’s corporate customer.

It’s important to unpack what Salesforce says about that fuel, because Salesforce is a tech giant that fully matters. So here’s text from that last link. I’ll respond to it in chunks. (Note that zero, first and third party data is about you, no matter who it’s from.)

What is zero-party data?

Before we define zero-party data, let’s back up a little and look at some of the other types of data that drive personalized experiences.

First-party data: In the context of personalization, we’re often talking about first-party behavioral data, which encompasses an individual’s site-wide, app-wide, and on-page behaviors. This also includes the person’s clicks and in-depth behavior (such as hovering, scrolling, and active time spent), session context, and how that person engages with personalized experiences. With first-party data, you glean valuable indicators into an individual’s interests and intent. Transactional data, such as purchases and downloads, is considered first-party data, too.

Third-party data: Obtained or purchased from sites and sources that aren’t your own, third-party data used in personalization typically includes demographic information, firmographic data, buying signals (e.g., in the market for a new home or new software), and additional information from CRM, POS, and call center systems.

Zero-party data, a term coined by Forrester Research, is also referred to as explicit data.

They then go on to quote Forrester’s definition, substituting “[them]” for “her.”

The first party in that definition the site harvesting “behavioral” data about the individual. (It doesn’t square with the legal profession’s understanding of the term, so if you know that one, try not to be confused.)

It continues,

why-is-zero-party-data-important

Forrester’s Fatemeh Khatibloo, VP principal analyst, notes in a video interview with Wayin (now Cheetah Digital) that zero-party data “is gold. … When a customer trusts a brand enough to provide this really meaningful data, it means that the brand doesn’t have to go off and infer what the customer wants or what [their] intentions are.”

Sure. But what if the customer has her own way to be a precious commodity to a brand—one she can use at scale with all the brands she deals with? I’ll unpack that question shortly.

There’s the privacy factor to keep in mind too, another reason why zero-party data – in enabling and encouraging individuals to willingly provide information and validate their intent – is becoming a more important part of the personalization data mix.

Two things here.

First, again, individuals need their own ways to protect their privacy and project their intentions about it.

Second, having as many ways for brands to “enable and encourage” disclosure of private information as there are brands to provide them is hugely inefficient and annoying. But that is what Salesforce is selling here.

As industry regulations such as GDPR and the CCPA put a heightened focus on safeguarding consumer privacy, and as more browsers move to phase out third-party cookies and allow users to easily opt out of being tracked, marketers are placing a greater premium and reliance on data that their audiences knowingly and voluntarily give them.

Not if the way they “knowingly and voluntarily” agree to be tracked is by clicking “AGREE” on website home page popovers. Those only give those sites ways to adhere to the letter of the GDPR and the CCPA while also violating those laws’ spirit.

Experts also agree that zero-party data is more definitive and trustworthy than other forms of data since it’s coming straight from the source. And while that’s not to say all people self-report accurately (web forms often show a large number of visitors are accountants, by profession, which is the first field in the drop-down menu), zero-party data is still considered a very timely and reliable basis for personalization.

Self-reporting will be a lot more accurate if people have real relationships with brands, rather (again) than ones that are “enabled and encouraged” in each brand’s own separate way.

Here is a framework by which that can be done. Phil Windley provides some cool detail for operationalizing the whole thing here, here, here and here.

Even if the countless separate ways are provided by one company (e.g. Salesforce),  every brand will use those ways differently, giving each brand scale across many customers, but giving those customers no scale across many companies. If we want that kind of scale, dig into the links in the paragraph above.

With great data comes great responsibility.

You’re not getting something for nothing with zero-party data. When customers and prospects give and entrust you with their data, you need to provide value right away in return. This could take the form of: “We’d love you to take this quick survey, so we can serve you with the right products and offers.”

But don’t let the data fall into the void. If you don’t listen and respond, it can be detrimental to your cause. It’s important to honor the implied promise to follow up. As a basic example, if you ask a site visitor: “Which color do you prefer – red or blue?” and they choose red, you don’t want to then say, “Ok, here’s a blue website.” Today, two weeks from now, and until they tell or show you differently, the website’s color scheme should be red for that person.

While this example is simplistic, the concept can be applied to personalizing content, product recommendations, and other aspects of digital experiences to map to individuals’ stated preferences.

This, and what follows in that Salesforce post, is a pitch for brands to play nice and use surveys and stuff like that to coax private information out of customers. It’s nice as far as it can go, but it gives no agency to customers—you and me—beyond what we can do inside each company’s CRM silo.

So here are some questions that might be helpful:

  • What if the customer shows up as somebody who already likes red and is ready to say so to trusted brands? Or, better yet, if the customer arrives with a verifiable claim that she is already a customer, or that she has good credit, or that she is ready to buy something?
  • What if she has her own way of expressing loyalty, and that way is far more genuine, interesting and valuable to the brand than the company’s current loyalty system, which is full of gimmicks, forms of coercion, and operational overhead?
  • What if the customer carries her own privacy policy and terms of engagement (ones that actually protect the privacy of both the customer and the brand, if the brand agrees to them)?

All those scenarios yield highly valuable zero-party data. Better yet, they yield real relationships with values far above zero.

Those questions suggest just a few of the places we can go if we zero-base customer relationships outside standing CRM systems: out in the open market where customers want to be free, independent, and able to deal with many brands with tools and services of their own, through their own CRM-friendly VRM—Vendor Relationship Management—tools.

VRM reaching out to CRM implies (and will create)  a much larger middle market space than the closed and private markets isolated inside every brand’s separate CRM system.

We’re working toward that. See here.

 

Markets as conversations with robots

From the Google AI blogTowards a Conversational Agent that Can Chat About…Anything:

In “Towards a Human-like Open-Domain Chatbot”, we present Meena, a 2.6 billion parameter end-to-end trained neural conversational model. We show that Meena can conduct conversations that are more sensible and specific than existing state-of-the-art chatbots. Such improvements are reflected through a new human evaluation metric that we propose for open-domain chatbots, called Sensibleness and Specificity Average (SSA), which captures basic, but important attributes for human conversation. Remarkably, we demonstrate that perplexity, an automatic metric that is readily available to any neural conversational models, highly correlates with SSA.

A chat between Meena (left) and a person (right).

Meena
Meena is an end-to-end, neural conversational model that learns to respond sensibly to a given conversational context. The training objective is to minimize perplexity, the uncertainty of predicting the next token (in this case, the next word in a conversation). At its heart lies the Evolved Transformer seq2seq architecture, a Transformer architecture discovered by evolutionary neural architecture search to improve perplexity.
 
Concretely, Meena has a single Evolved Transformer encoder block and 13 Evolved Transformer decoder blocks as illustrated below. The encoder is responsible for processing the conversation context to help Meena understand what has already been said in the conversation. The decoder then uses that information to formulate an actual response. Through tuning the hyper-parameters, we discovered that a more powerful decoder was the key to higher conversational quality.
So how about turning this around?

What if Google sold or gave a Meena model to people—a model Google wouldn’t be able to spy on—so people could use it to chat sensibly with robots or people at companies?

Possible?

If, in the future (which is now—it’s freaking 2020 already), people will have robots of their own, why not one for dealing with companies, which themselves are turning their sales and customer service systems over to robots anyway?

What law might clear the way for VRM/Me2B development?

VRM/Me2B developers shouldn’t have to wait for laws to pave the way through a wall-like status quo.  (And we say that in our Privacy Manifesto.) But a good law or two should help.

That was I had hoped—even expected—the GDPR to do.  Specifically, I called it  “the world’s most heavily weaponized law protecting personal privacy,” said it was “aimed at companies that track people without asking” and that it would “blow away the (mostly US-based) surveillance economy, especially tracking-based ‘adtech,’ which supports most commercial publishing online.”

That hasn’t happened.

It has been sixteen months since the GDPR went into effect (May 2018), and violation of personal privacy online today remains as pervasive as ever. Worse, violators take advantage of a loophole* in the GDPR that allows them to continue tracking people by requiring (or appearing to require) “consent” to  cookies and other means of tracking (so you can get “personalized,” “interest-based” or “relevant” advertising, the perpetrators say). As long as various EU countries’ Data Protection Authorities (who enforce the GDPR) fail to focus on simple fact that nearly every website and its third parties are doing the same bad things Google and Facebook are accused of doing, the practice will continue, and the GDPR will remain a failure at stopping widespread spying-based adtech.

Meanwhile, many privacy advocates in the U.S. (including me) have invested hope in the California Consumer Privacy Act (CCPA), which will go into effect on January 1, 2020.  I invite you to visit the operative language in that law, starting  here. As legalese goes, it’s remarkably readable. Meanwhile, Wikipedia compresses these rather well under the heading Intentions of the Act:

The intentions of the Act are to provide California residents with the right to:

  1. Know what personal data is being collected about them.
  2. Know whether their personal data is sold or disclosed and to whom.
  3. Say no to the sale of personal data.
  4. Access their personal data.
  5. Request a business to delete any personal information about a consumer collected from that consumer.
  6. Not be discriminated against for exercising their privacy rights.

Note that this presumes that nearly all agency resides on the data collectors’ side, and that the only agency possible on the individual’s side is asking to know or say no to what others who collected personal data can do with it.

That’s not enough.

Making matters worse is that we are mere “consumers” to the CCPA, “data subjects” to the GDPR and “users” to the computer industry—in each case with no more freedom and agency than what potential violators of our privacy (e.g. the websites and services of the world) separately grant us, through their countless, lengthy and infinitely varied privacy policies, terms and “agreements.”

In other words, we’re still at Square Zero, and Square One is neither the CCPA nor the GDPR. Those are relevant in the ways that guard rails are relevant to a winding road; but we don’t have the road yet.

While I’ve made it clear elsewhere that we need tech more than policy (because tech of our own—VRM tech—gives us agency), it will sure help to have policy that guides the deployment of that tech.

So,  what law might actually open the way for VRM development, preferably by simply giving individuals a new power they’ve been lacking, such as real control over just one aspect of their privacy: what Louis Brandeis and Samuel Warren called “the right to be let alone” when we’re online?

I like two.

First is the Do-Not-Track Act of 2019. It’s model legislation from DuckDuckGo, and explained this way:

When you turn on the setting in your browser that says “Do Not Track”, you probably expect to no longer be tracked on most websites you visit. Right? Well, you would be wrong. But don’t worry, you’re not alone.

Our recent study on the Do Not Track (DNT) browser setting indicated that about a quarter of people have turned on this setting, and most were unaware big sites do not respect it. That means approximately 75 million Americans, 115 million citizens of the European Union, and many more people worldwide are, right now, broadcasting a DNT signal.

All of these people are actively asking the sites they visit to not track them. Unfortunately, no law requires websites to respect your Do Not Track signals, and the vast majority of sites, including most all of the big tech companies, sadly choose to simply ignore them.

Let’s change that now. Let’s put teeth behind this widely used browser setting by making a law that would align with current consumer expectations and empower people to more easily regain control of their online privacy.

While DuckDuckGo actively supports the passing of strong, comprehensive privacy laws, we also recognize that it will take time for them to take effect worldwide. In the meantime, governments can provide immediate relief by enacting separate, simpler Do Not Track legislation.

It is extremely rare to have such an exciting legislative opportunity like this, where the hardest work — coordinated mainstream technical implementation and widespread consumer adoption — is already done.

That’s why we’re announcing draft legislation that can serve as a starting point for legislators in America and beyond. It’s entitled the “Do-Not-Track Act of 2019” and, if it were to be enacted, would require sites to respect the Do Not Track browser setting in this manner:

  1. No third-party tracking by default. Data brokers would no longer be legally able to use hidden trackers to slurp up your personal information from the sites you visit. And the companies that deploy the most trackers across the web — led by Google, Facebook, and Twitter — would no longer be able to collect and use your browsing history without your permission.
  2. No first-party tracking outside what the user expects. For example, if you use Whatsapp, its parent company (Facebook) wouldn’t be able to use your data from Whatsapp in unrelated situations (like for advertising on Instagram, also owned by Facebook). As another example, if you go to a weather site, it could give you the local forecast, but not share or sell your location history.

Under this proposed law, these restrictions would only come into play if a consumer has turned on the Do Not Track signal for their Internet traffic. To keep the Internet from breaking, these restrictions would have very narrowly tailored exceptions for debugging, auditing, security, non-commercial security research, and reporting, and further limited by mandated data-minimization requirements.

In particular, each of these narrow exceptions would only apply if a site adopts strict data-minimization practices, such as using the least amount of personal information needed, and anonymizing it whenever possible. And importantly, this draft legislation takes a more realistic view of what constitutes anonymous data vs. de-identified data. Legislators need to appreciate that users can be re-identified unless companies implement extra measures of protection.

Katherine Druckman and I also talked about this a bit with Gabriel Weinberg, CEO and founder of DuckDuckGo, in our Reality 2.0 podcast with him last month.

The other is Adrian Gropper‘s Patient Privacy Rights Information Governance Label. It says,

Patient Privacy Rights Information Governance Label August 19, 2019 Note: 0-to-5 of the boxes to be checked by the application, device, or service provider.1. No sharing: The data is never shared with any external entities. It is not even shared in de-identified form.

2. No aggregation: The data is never aggregated with other types of input or data from external sources. This includes mixing the data gathered via The Service with other data, such as patient-reported outcomes.

3. Always voluntary self-identification: The user of The Service is able to choose their own identity. The user does not need to have their identity verified unless required by law.

4. Digital agent support: The user is able to specify a digital agent, trustee, or equivalent information manager, and this specified agent will not be subject to certification or censorship.

5. No vendor lock-in: The Service is easily and conveniently substitutable, so the user can easily move their data to another vendor providing a similar service. This prevents vendor lock-in and is often accomplished using Open Standards. Indications for Use: The five separately self-asserted statements on the PPR Information Governance Label are subject to legal enforcement as would the privacy policy associated with The Service.

While not proposed as a law, it would be good to have a law that imposes those requirements, and leaves room for individuals to provide for exceptions, for example when they have working relationships with a service provider.

Maciej Ceglowski also has some good suggestions.


*Part 1 under Article 6 of the GDPR, covering the “Lawfulness of processing,” says, “Processing shall be lawful only if and to the extent that at least one of the following applies: (a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes.” Hence the consent notices with an “accept” button in front of websites.  These are most often presented as “cookie notices.” (Which are actually required by earlier EU law that was to some degree ignored until the GDPR came along.)

Whether a notice on the front of a website talks cookies or not, it usually means the site is obtaining your consent to being tracked “to personalize content and advertising” (or whatever) by spying on you. I’ve been told by GDPR experts that this really isn’t a loophole, and that most of these consent notices actually violate the GDPR’s letter and not just its spirit. Still, while that might be true, violation of the GDPR’s spirit remains normative.

On privacy fundamentalism

This is a post about journalism, privacy, and the common assumption that we can’t have one without sacrificing at least some of the other, because (the assumption goes), the business model for journalism is tracking-based advertising, aka adtech.

I’ve been fighting that assumption for a long time. People vs. Adtech is a collection of 129 pieces I’ve written about it since 2008.  At the top of that collection, I explain,

I have two purposes here:

  1. To replace tracking-based advertising (aka adtech) with advertising that sponsors journalism, doesn’t frack our heads for the oil of personal data, and respects personal freedom and agency.

  2. To encourage journalists to grab the third rail of their own publications’ participation in adtech.

I bring that up because Farhad Manjoo (@fmanjoo) of The New York Times grabbed that third rail, in a piece titled  I Visited 47 Sites. Hundreds of Trackers Followed Me.. He grabbed it right here:

News sites were the worst

Among all the sites I visited, news sites, including The New York Times and The Washington Post, had the most tracking resources. This is partly because the sites serve more ads, which load more resources and additional trackers. But news sites often engage in more tracking than other industries, according to a study from Princeton.

Bravo.

That piece is one in a series called the  Privacy Project, which picks up where the What They Know series in The Wall Street Journal left off in 2013. (The Journal for years had a nice shortlink to that series: wsj.com/wtk. It’s gone now, but I hope they bring it back. Julia Angwin, who led the project, has her own list.)

Knowing how much I’ve been looking forward to that rail-grab, people  have been pointing me both to Farhad’s piece and a critique of it by  Ben Thompson in Stratechery, titled Privacy Fundamentalism. On Farhad’s side is the idealist’s outrage at all the tracking that’s going on, and on Ben’s side is the realist’s call for compromise. Or, in his words, trade-offs.

I’m one of those privacy fundamentalists (with a Manifesto, even), so you might say this post is my push-back on Ben’s push-back. But what I’m looking for here is not a volley of opinion. It’s to enlist help, including Ben’s, in the hard work of actually saving journalism, which requires defeating tracking-based adtech, without which we wouldn’t have most of the tracking that outrages Farhad. I explain why in Brands need to fire adtech:

Let’s be clear about all the differences between adtech and real advertising. It’s adtech that spies on people and violates their privacy. It’s adtech that’s full of fraud and a vector for malware. It’s adtech that incentivizes publications to prioritize “content generation” over journalism. It’s adtech that gives fake news a business model, because fake news is easier to produce than the real kind, and adtech will pay anybody a bounty for hauling in eyeballs.

Real advertising doesn’t do any of those things, because it’s not personal. It is aimed at populations selected by the media they choose to watch, listen to or read. To reach those people with real ads, you buy space or time on those media. You sponsor those media because those media also have brand value.

With real advertising, you have brands supporting brands.

Brands can’t sponsor media through adtech because adtech isn’t built for that. On the contrary, >adtech is built to undermine the brand value of all the media it uses, because it cares about eyeballs more than media.

Adtech is magic in this literal sense: it’s all about misdirection. You think you’re getting one thing while you’re really getting another. It’s why brands think they’re placing ads in media, while the systems they hire chase eyeballs. Since adtech systems are automated and biased toward finding the cheapest ways to hit sought-after eyeballs with ads, some ads show up on unsavory sites. And, let’s face it, even good eyeballs go to bad places.

This is why the media, the UK government, the brands, and even Google are all shocked. They all think adtech is advertising. Which makes sense: it looks like advertising and gets called advertising. But it is profoundly different in almost every other respect. I explain those differences in Separating Advertising’s Wheat and Chaff

To fight adtech, it’s natural to look for help in the form of policy. And we already have some of that, with the GDPR, and soon the CCPA as well. But really we need the tech first. I explain why here:

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

So let’s get the tech horse back in front of the lawmaking cart. With the tech working, the market for personal data will be one we control. For real.

If we don’t do that first, adtech will stay in control. And we know how that movie goes, because it’s a horror show and we’re living in it now.

The tech horse is a collection of tools that provide each of us with ways both to protect our privacy and to signal to others what’s okay and what’s not okay, and to do both at scale. Browsers, for example, are a good model for that. They give each of us, as users, scale across all the websites of the world. We didn’t have that when the online world for ordinary folk was a choice of Compuserve, AOL, Prodigy and other private networks. And we don’t have it today in a networked world where providing “choices” about being tracked are the separate responsibilities of every different site we visit, each with its own ways of recording our “consents,” none of which are remembered, much less controlled, by any tool we possess. You don’t need to be a privacy fundamentalist to know that’s just fucked.

But that’s all me, and what I’m after. Let’s go to Ben’s case:

…my critique of Manjoo’s article specifically and the ongoing privacy hysteria broadly…

Let’s pause there. Concern about privacy is not hysteria. It’s a simple, legitimate, and personal. As Don Marti and and I (he first) pointed out, way back in 2015, ad blocking didn’t become the biggest boycott in world history in a vacuum. Its rise correlated with the “interactive” advertising business giving the middle finger to Do Not Track, which was never anything more than a polite request not to be followed away from a website:

Retargeting, (aka behavioral retargeting) is the most obvious evidence that you’re being tracked. (The Onion: Woman Stalked Across Eight Websites By Obsessed Shoe Advertisement.)

Likewise, people wearing clothing or locking doors are not “hysterical” about privacy. That people don’t like their naked digital selves being taken advantage of is also not hysterical.

Back to Ben…

…is not simply about definitions or philosophy. It’s about fundamental assumptions. The default state of the Internet is the endless propagation and collection of data: you have to do work to not collect data on one hand, or leave a data trail on the other.

Right. So let’s do the work. We haven’t started yet.

This is the exact opposite of how things work in the physical world: there data collection is an explicit positive action, and anonymity the default.

Good point, but does this excuse awful manners in the online world? Does it take off the table all the ways manners work well in the offline world—ways that ought to inform developments in the online world? I say no.

That is not to say that there shouldn’t be a debate about this data collection, and how it is used. Even that latter question, though, requires an appreciation of just how different the digital world is from the analog one.

Consider it appreciated. (In my own case I’ve been reveling in the wonders of networked life since the 80s. Examples of that are thisthis and this.)

…the popular imagination about the danger this data collection poses, though, too often seems derived from the former [Stasi collecting highly personal information about individuals for very icky purposes] instead of the fundamentally different assumptions of the latter [Google and Facebook compiling massive amounts of data to be read by machines, mostly for non- or barely-icky purposes]. This, by extension, leads to privacy demands that exacerbate some of the Internet’s worst problems.

Such as—

• Facebook’s crackdown on API access after Cambridge Analytica has severely hampered research into the effects of social media, the spread of disinformation, etc.

True.

• Privacy legislation like GDPR has strengthened incumbents like Facebook and Google, and made it more difficult for challengers to succeed.

True.

Another bad effect of the GDPR is urging the websites of the world to throw insincere and misleading cookie notices in front of visitors, usually to extract “consent” that isn’t, to exactly what the GDPR was meant to thwart.

• Criminal networks from terrorism to child abuse can flourish on social networks, but while content can be stamped out private companies, particularly domestically, are often limited as to how proactively they can go to law enforcement; this is exacerbated once encryption enters the picture.

True.

Again, this is not to say that privacy isn’t important: it is one of many things that are important. That, though, means that online privacy in particular should not be the end-all be-all but rather one part of a difficult set of trade-offs that need to be made when it comes to dealing with this new reality that is the Internet. Being an absolutist will lead to bad policy (although encryption may be the exception that proves the rule).

It can also lead to good tech, which in turn can prevent bad policy. Or encourage good policy.

Towards Trade-offs
The point of this article is not to argue that companies like Google and Facebook are in the right, and Apple in the wrong — or, for that matter, to argue my self-interest. The truth, as is so often the case, is somewhere in the middle, in the gray.

Wearing pants so nobody can see your crotch is not gray. That an x-ray machine can see your crotch doesn’t make personal privacy gray. Wrong is wrong.

To that end, I believe the privacy debate needs to be reset around these three assumptions:
• Accept that privacy online entails trade-offs; the corollary is that an absolutist approach to privacy is a surefire way to get policy wrong.

No. We need to accept that simple and universally accepted personal and social assumptions about privacy offline (for example, having the ability to signal what’s acceptable and what is not) is a good model for online as well.

I’ll put it another way: people need pants online. This is not an absolutist position, or even a fundamentalist one. The ability to cover one’s private parts, and to signal what’s okay and what’s not okay for respecting personal privacy are simple assumptions people make in the physical world, and should be able to make in the connected one. That it hasn’t been done yet is no reason to say it can’t or shouldn’t be done. So let’s do it.

• Keep in mind that the widespread creation and spread of data is inherent to computers and the Internet,

Likewise, the widespread creation and spread of gossip is inherent to life in the physical world. But that doesn’t mean we can’t have civilized ways of dealing with it.

and that these qualities have positive as well as negative implications; be wary of what good ideas and positive outcomes are extinguished in the pursuit to stomp out the negative ones.

Tracking people everywhere so their eyes can be stabbed with “relevant” and “interest-based” advertising, in oblivity to negative externalities, is not a good idea or a positive outcome (beyond the money that’s made from it).  Let’s at least get that straight before we worry about what might be extinguished by full agency for ordinary human beings.

To be clear, I know Ben isn’t talking here about full agency for people. I’m sure he’s fine with that. He’s talking about policy in general and specifically about the GDPR. I agree with what he says about that, and roughly about this too:

• Focus policy on the physical and digital divide. Our behavior online is one thing: we both benefit from the spread of data and should in turn be more wary of those implications. Making what is offline online is quite another.

Still, that doesn’t mean we can’t use what’s offline to inform what’s online. We need to appreciate and harmonize the virtues of both—mindful that the online world is still very new, and that many of the civilized and civilizing graces of life offline are good to have online as well. Privacy among them.

Finally, before getting to the work that energizes us here at ProjectVRM (meaning all the developments we’ve been encouraging for thirteen years), I want to say one final thing about privacy: it’s a moral matter. From Oxford, via Google: “concerned with the principles of right and wrong behavior” and “holding or manifesting high principles for proper conduct.”

Tracking people without their clear invitation or a court order is simply wrong. And the fact that tracking people is normative online today doesn’t make it right.

Shoshana Zuboff’s new book, The Age of Surveillance Capitalism, does the best job I know of explaining why tracking people online became normative—and why it’s wrong. The book is thick as a brick and twice as large, but fortunately Shoshana offers an abbreviated reason in her three laws, authored more than two decades ago:

First, that everything that can be automated will be automated. Second, that everything that can be informated will be informated. And most important to us now, the third law: In the absence of countervailing restrictions and sanctions, every digital application that can be used for surveillance and control will be used for surveillance and control, irrespective of its originating intention.

I don’t believe government restrictions and sanctions are the only ways to  countervail surveillance capitalism (though uncomplicated laws such as this one might help). We need tech that gives people agency and companies better customers and consumers.  From our wiki, here’s what’s already going on. And, from our punch list, here are some exciting TBDs, including many already in the works already:

I’m hoping Farhad, Ben, and others in a position to help can get behind those too.

The only path from subscription hell to subscription heaven

I subscribe to Vanity Fair. I also get one of its newsletters, replicated on a website called The Hive. At the top of the latest Hive is this come-on: “For all that and more, don’t forget to sign up for our metered paywall, the greatest innovation since Nitroglycerin, the Allman Brothers, and the Hangzhou Grand Canal.”

When I clicked on the metered paywall link, it took me to a plain old subscription page. So I thought, “Hey, since they have tracking cruft appended to that link, shouldn’t it take me to a page that says something like, “Hi, Doc! Thanks for clicking, but we know you’re already a paying subscriber, so don’t worry about the paywall”?

So I clicked on the Customer Care link to make that suggestion. This took me to a login page, where my password manager filled in the blanks with one of my secondary email addresses. That got me to my account, which says my Condé Nast subscriptions look like this:

Oddly, the email address at the bottom there is my primary one, not the one I just logged in with.  (Also oddly, I still get Wired.)

So I went to the Vanity Fair home page, found myself logged in there, and clicked on “My Account.” This took me to a page that said my email address was my primary one, and provided a way to change my password, to subscribe or unsubscribe to four newsletters, and a way to “Receive a weekly digest of stories featuring the players you care about the most.” The link below said “Start following people.” No way to check my account itself.

So I logged out from the account page I reached through the Customer Care link, and logged in with my primary email address, again using my password manager. That got me to an account page with the same account information you see above.

It’s interesting that I have two logins for one account. But that’s beside more important points, one of which I made with this message I wrote for Customer Care in the box provided for that:

Curious to know where I stand with this new “metered paywall” thing mentioned in the latest Hive newsletter. When I go to the link there — https://subscribe.condenastdigital.com/s… — I get an apparently standard subscription page. I’m guessing I’m covered, but I don’t know. Also, even as a subscriber I’m being followed online by 20 or more trackers (reports Privacy Badger), supposedly for personalized advertising purposes, but likely also for other purposes by Condé Nast’s third parties. (Meaning not just Google, Facebook and Amazon, but Parsely and indexww, which I’ve never heard of and don’t trust. And frankly I don’t trust those first three either.) As a subscriber I’d want to be followed only by Vanity Fair and Condé Nast for their own service-providing and analytic purposes, and not by who-knows-what by all those others. If you could pass that request along, I thank you. Cheers, Doc

When I clicked on the Submit button, I got this:

An error occurred while processing your request.An error occurred while processing your request.

Please call our Customer Care Department at 1-800-667-0015 for immediate assistance or visit Vanity Fair Customer Care online.

Invalid logging session ID (lsid) passed in on the URL. Unable to serve the servlet you’ve requested.

So there ya go: one among .X zillion other examples of subscription hell, differing only in details.

Fortunately, there is a better way. Read on.

The Path

The only way to pave a path from subscription and customer service hell to the heaven we’ve never had is by  normalizing the ways both work, across all of business. And we can only do this from the customer’s side. There is no other way. We need standard VRM tools to deal with the CRM and CX systems that exist on the providers’ side.

We’ve done this before.

We fixed networking, publishing and mailing online with the simple and open standards that gave us the Internet, the Web and email. All those standards were easy for everyone to work with, supported boundless economic and social benefits, and began with the assumption that individuals are full-privilege agents in the world.

The standards we need here should make each individual subscriber the single point of integration for their own data, and the responsible party for changing that data across multiple entities. (That’s basically the heart of VRM.)

This will give each of us a single way to see and manage many subscriptions, see notifications of changes by providers, and make changes across the board with one move. VRM + CRM.

The same goes for customer care service requests. These should be normalized the same way.

In the absence of normalizing how people manage subscription and customer care relationships, all the companies in the world with customers will have as many different ways of doing both as there are companies. And we’ll languish in the login/password hell we’re in now.

The VRM+CRM cost savings to those companies will also be enormous. For a sense of that, just multiply what I went through above by as many people there are in the world with subscriptions, and  multiply that result by the number of subscriptions those people have — and then do the same for customer service.

We can’t fix this inside the separate CRM systems of the world. There are too many of them, competing in too many silo’d ways to provide similar services that work differently for every customer, even when they use the same back-ends from Oracle, Salesforce, SugarCRM or whomever.

Fortunately, CRM systems are programmable. So I challenge everybody who will be at Salesforce’s Dreamforce conference next week to think about how much easier it will be when individual customers’ VRM meets Salesforce B2B customers’ CRM. I know a number of VRM people  who will be there, including Iain Henderson, of the bonus link below. Let me know you’re interested and I’ll make the connection.

And come work with us on standards. Here’s one.

Bonus link: Me-commerce — from push to pull, by Iain Henderson (@iaianh1)

Privacy = personal agency + respect by others for personal dignity

Privacy is a state each of us enjoys to the degrees others respect it.

And they respect what economists call signals. We send those signals through our behavior (hand signals, facial expressions) and technologies. Both are expressions of agency: the ability to act with effect in the world.

So, for example, we signal a need not to reveal our private parts  by wearing clothes. We signal a need not to have our private spaces invaded by buttoning our clothes, closing doors, setting locks on those doors, and pulling closed curtains or shades. We signal a need not to be known by name to everybody by not wearing name tags as we walk about the world. (That we are naturally anonymous is a civic grace, but a whole ‘nuther thread.)

All of this has been well understood in the physical world for as long as we’ve had civilization—and perhaps longer. It varies by culture, but remained remarkably non-controversial—until we added the digital world to the physical one.

The digital world, like the physical one, came without privacy. We had to invent privacy in the physical world with technologies (clothing, shelter, doors, locks) and norms such as respect for the simple need for personal dignity.

We have not yet done the same in the digital world. We did, however, invent administrative identities for people, because administrative systems need to know who they’re interested in and dealing with.

These systems are not our own. They belong to administrative entities: companies, government agencies, churches, civic groups, whatever. Nearly 100% of conversation about both identity and privacy take place inside the administrative context. All questions  come down to “How can this system with ways of identifying us give us privacy?” Even Privacy By Design (PbD) is about administrative systems. It is not something you and I have. Not in the way we have clothes.

And that’s what we need: the digital equivalents of clothing and ways of signaling what’s okay and what’s not okay.  Norms should follow, and then laws and regulations restricting violations of those norms.

Unfortunately, we got the laws (e.g. the EU’s GDPR and California’s AB 375) before we got the tech and the norms.

But I’m encouraged about getting both, for two reasons. One is the work going on here among VRM-ish developers. The other is that @GregAEngineer gave a talk this morning on exactly this topic, at the IEEE #InDITA conference in Bangalore.

Oh, and lest we think privacy matters only to those in the fully privileged world, watch Privacy on the Line, a video just shared here.

Why personal agency matters more than personal data

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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