Category: Technology (page 1 of 9)

A citizen-sovereign way to pay for news—or for any creative work

The Aspen Institute just published a 180-page report by the Knight Commission on Trust, Media and Democracy titled  (in all caps) CRISIS IN DEMOCRACY: RENEWING TRUST IN AMERICA. Its Call to Action concludes,
This is good. Real good.  Having  Aspen and Knight endorse personal sovereignty as a necessity for solving the crises of democracy and trust also means they endorse what we’ve been pushing forward here for more than a dozen years.

Since the report says (under Innovation, on page 73) we need to “use technology to enhance journalism’s roles in fostering democracy,” and that “news companies need to embrace technology to support their mission and achieve sustainability,” it should help to bring up the innovation we proposed in an application for a Knight News Challenge grant in 2011. This innovation was, and still is, called EmanciPay. It’s a citizen-sovereign way to pay for news, plus all forms of creative production where there is both demand and failing or absent sources of funding.

We have not only needed this for a long time, but it is for lack of it (or of any original and market-based approach to paying for creative work) that the EU is poised to further break our one Internet into four or more parts and destroy the open Web that has done so much to bring the world together and generate near-boundless forms of new wealth and productivity. The EU’s hammer for breaking the open Web is the EU Copyright Directive,  which has been under consideration and undergoing steady revision since 2016. Cory Doctorow, writing for the EFF, says The Final Version of the EU’s Copyright Directive Is the Worst One Yet. One offense (among too many to list here):

Under the final text, any online community, platform or service that has existed for three or more years, or is making €10,000,001/year or more, is responsible for ensuring that no user ever posts anything that infringes copyright, even momentarily. This is impossible, and the closest any service can come to it is spending hundreds of millions of euros to develop automated copyright filters. Those filters will subject all communications of every European to interception and arbitrary censorship if a black-box algorithm decides their text, pictures, sounds or videos are a match for a known copyrighted work. They are a gift to fraudsters and criminals, to say nothing of censors, both government and private.

There are much better ways of getting the supply and demand sides of creative markets together. EmanciPay is one of them, and deserves another airing.

Perhaps now that Knight and Aspen are cheering the citizen-sovereign bandwagon, it’s worth open-sourcing our original EmanciPay proposal.

So here it is, copied and pasted out of the last draft before we submitted it. Since much has changed since then (other than the original idea, which is the same as ever only more timely), I’ve added a bunch of notes at the end, and a call for action. Before reading it, please note two things: 1) we are not asking for money now (we were then, but not now); and 2) while this proposal addresses the challenge of paying for news, it applies much more broadly to all creative work.

10:00pm Monday 31 January 2011

Project Title:

EmanciPay: a user-driven system for generating revenue and managing relationships

Requested amount from Knight News Challenge

$325,000

Describe your project:

EmanciPay is the first user-driven payment system for news and information media. It is also the first system by which the consumers of media can create and participate in relationships with media — and the first system to reform the legal means by which those relationships are created and sustained.

With EmanciPay, users can easily choose to pay whatever they like, whenever they like, however they like — on their own terms and not just those controlled by the media’s supply side. EmanciPay will also provide means for building genuine two-way relationships, rather than relationships defined by each organization’s subscription and membership systems. As with Creative Commons, terms will be expressed in text and symbols that can be read easily by both software and people.

While there is no limit to payment choice options with EmanciPay, we plan to test these one at a time. The first planned trials are with Tipsy, which is being developed in alongside EmanciPay, and which also has a Knight News Challenge application. The two efforts are cooperative and coordinated.

EmanciPay belongs to a growing family of VRM (Vendor Relationship Management) tools. Both EmanciPay and VRM grew out of work in ProjectVRM, which I launched in 2006, at the start of my fellowship with Harvard’s Berkman Center for Internet & Society. In the past four years the VRM development community has grown internationally and today involves many allied noncommercial and commercial efforts. Here is the current list of VRM development projects.

How will your project improve the delivery of news and information to geographic communities?:

Two ways.

First is with a new business model. Incumbent local and regional media currently have three business models: paid delivery (subscriptions and newsstand sales), advertising, and (in the case of noncommercial media) appeals for support. All of these have well-known problems and limitations. They are also controlled in a top-down way by media organizations. By reducing friction and lowering the threshold of payment, EmanciPay will raise the number of customers while also providing direct and useful intelligence about the size and nature of demand. This supports geographic customisation of news and information goods.

Second is by providing ways for both individuals and news organizations to create and sustain relationships that go beyond “membership” (which in too many cases means little more than “we gave money”). EmanciPay will also help consumers of news participate in the news development process. Because EmanciPay is based on open source code and open standards, it can be widely adopted and adapted to meet local needs. CRM (customer relationship management) software companies, many of which supply CRM systems to media organizations, are also awaiting VRM developments. (The cover and much of this CRM Magazine are devoted to VRM.)

What unmet need does your proposal answer?:

EmanciPay meets the need for maximum freedom and flexibility in paying for news and information, and for a media business model that does not depend only on advertising, membership systems, large donors or government grants. (This last one is of special interest at a time when cutting government funding of public broadcasting is a campaign pledge by many freshly elected members of Congress.)

Right now most news and information is free of charge on the Web, even when the same goods are sold on newsstands or through cable TV subscriptions. This fact, plus cumbersome and widely varied membership, pledging and payment systems, serves to discourage payment by media users. Even the membership systems of public broadcasting stations exclude vast numbers of people who would contribute “if it was easy”. EmanciPay overcomes these problems by making it easy for consumers of news to become customers of news. It also allows users to initiate real and productive relationships with news organizations, whether or not they pay those organizations.

How is your idea new?:

Equipping individuals with their own tools for choosing what and how to pay, and for creating and maintaining relationships, is a new idea. Nearly all other sustainability ideas involve creating new intermediators or working on improving services on the supply side.

Tying sustainability to meaningful relationships (rather than just “membership” is also new). So is creating means by which individuals can assert their own “terms of service” — and match those terms with those on the supply side.

EmanciPay is also new in the scope of its ambition. Beyond creating a large new source of revenues, and scaffolding meaningful relationships between supply and demand, EmanciPay intends to remove legal frictions from the marketplace as well. What lawyers call contracts of adhesion (ones in which the dominant party is free to change what they please while the submissive party is nailed to whatever the dominant party dictates) have been pro forma on the Web since the invention of the cookie in 1995. EmanciPay is the first and only system intended to obsolete and replace these onerous “agreements” (which really aren’t).

Once in place and working, EmanciPay’s effects should exceed even those of Creative Commons, because EmanciPay addresses the demand as well as the supply side of the marketplace. And, like Creative Commons, EmanciPay does not require changes in standing law.

Finally, EmanciPay is new in the sense that it is not centralized, and does not require an intermediary. As with email (the protocols of which are open and decentralized, by design), EmanciPay supports both self-hosting and hosting in “the cloud.” It is also both low-level and flexible enough to provide base-level building material for any number of new businesses and services.

What will you have changed by the end of the project?:

First, we will have changed the habits and methods by which people pay for the media goods they receive, starting with news and information.

Second, we will have introduced relationship systems that are not controlled by the media, but driven instead by the individuals who are each at the centers of their own relationships with many different entities. Thus relationships will be user-driven and not just organization-driven.

Third, we will have created a new legal framework for agreements between buyers and sellers on the Web and in the networked world, eliminating many of the legal frictions involved in today’s e-commerce systems.

Fourth, we will have introduced to the world an intention economy, based on the actual intentions of buyers, rather than on guesswork by sellers about what customers might buy. (The latter is the familiar “attention economy” of advertising and promotion.)

Why are you the right person or team to complete this project?:

I know how to get ideas and code moving in the world. I’ve done that while running ProjectVRM for the last four years. As of today VRM tools are being developed in many places, by many programmers, in both commercial and noncommercial capacities, around the world, Those places include BostonLondonJohannesburgDubuqueSantiagoBelfastSalt Lake CitySanta BarbaraVienna, and Seattle. Much of this work has also been advanced at twice-yearly IIW (Internet Identity Workshop) events, which I co-founded in 2005 and continue to help organize.

As Senior Editor of Linux Journal, I’ve been covering open source code development since 1996, contributing to its understanding and widespread adoption. For that and related work, I received a Google-O’Reilly Open Source Award for “Best Communicator” in 2005.

I helped reform both markets and marketing as a co-author of The Cluetrain Manifesto, a business bestseller in 2000 that has since become part of the marketing canon. (As of today, Cluetrain is cited by more than 5300 other books.) I also coined Cluetrain’s most-quoted line, “Markets are conversations.”

I helped popularize blogging, a subject to which I have been contributing original thinking and writing since 1999. I also have more than 12,000 followers on Twitter.

EmanciPay is also my idea, and one I have been working on for some time. This includes collaboration with PRX and other members of the public radio community on ListenLog (the brainchild of Keith Hopper at NPR), which can be found today on the Public Radio Player, an iPhone app that has been downloaded more than 2 million times. I am also working on EmanciPay with students at MIT/CSAIL and Kings College London. The MIT/CSAIL collaboration is led by David Karger of the MIT faculty, and ties in with work he and students are doing with Haystack and Tipsy.

I’ve also contributed to other VRM development efforts — on identity and trust frameworks, on privacy assurance, on selective disclosure of personal data, and on personal data stores (PDSes), all of which will help support EmanciPay as it is deployed.

What terms best describe your project?:

Bold, original, practical, innovative and likely to succeed.

What tasks/benchmarks need to be accomplished to develop your project and by when will you complete them? (500 words)

1) Engaging of programmers at MIT and other institutions within two months.

2) Establishment of Customer Commons (similar to Creative Commons) within two months.

3) Getting EmanciPay into clinical law case study by classes at law schools, one semester after the grant money arrives.

4) Beta-level code within six months.

5) Recruitment of first-round participating media entities (journals, sites, blogs, broadcast stations — completed within six months.

6) Relationships established with PayPal, Google Checkout and other payment intermediators within six months.

7) Tipsy trials within three months after beta-level code is ready.

8) Full EmanciPay trials within six months after beta-level code is ready.

9) Research protocols completed by the time beta code is ready.

How will you measure progress?: (500 words)

1) Involvement in open source code development by programmers other than those already paid or engaged (for example, as students) for the work

2) Completion of code

3) Deployment in target software and devices

4) Cooperation by allied development .orgs and .coms

5) Adoption and use by individuals

6) Direct financial benefit for news organizations.

All are measurable. We can count programmers working on code bases, as well as patches and lines of code submitted and added. We can see completed code in downloadable and installable form in the appropriate places. We can see and document cooperation by organizations. We can count downloads and monitor activities by users (with their permission). And we can see measurable financial benefits to news and information organizations. Researching each of these will be part of the project. For example, we will need to provide on our website, or directly, descriptions of accounting methods for the organizations that will benefit directly from individual contributions.

Do you see any risk in the development of your project?: (500 words)

EmanciPay is likely to be seen as disruptive by organizations that are highly vested in existing forms of funding. One example is public broadcasting, which has relied on fund drives for decades.

There is also a fear that EmanciPay will raise the number of contributors while lowering the overall funding dollar amount spent by contributors. I don’t expect that to happen. What I do expect is for the market to decide — and for EmanciPay to provide the means. Fortunately, EmanciPay also provides means for non-monetary relationships to grow as well, which will raise the perception of value by users and customers, and the likelihood that more users will become customers.

How will people learn about what you are doing?: (500 words) remaining

We will blog about it, talk about it at conferences, tweet about it, and use every other personal and social medium to spread the word. And we will use traditional media relations as well — which shouldn’t be too hard, since we will be working to bring more income to those media.

We have a good story about an important cause. I’m good at communicating and driving stories forward, and I and have no doubt that the effort will succeed.

Is this a one-time experiment or do you think it will continue after the grant?: (500 words)

EmanciPay will continue after the grant because it will become institutionalized within the fabric of the economy, as will its allied efforts.

In addition to the Knight News Challenge, does your project rely on other revenue sources? (Choose all that apply):

[ ] Advertising
[ ] Paid Subscriptions
[ x ] Crowd-Funded
[ ] Earned Income
[ ] Syndication
[ ] Other

Here’s what happened after that.

  1. Customer Commons was incorporated as a California-based 501(3)(c) nonprofit shortly after this was submitted.  (It is also currently cited in this CNN story  and this one by Fox News.) Almost entirely bootstrapped, Customer Commons has established itself as a Creative Commons-like place where model personal privacy policies and terms of engagement that individuals proffer as first parties can live. Those terms are among a number of other tools for exercising citizen sovereign powers. “CuCo” also plans, immodestly, to be a worldwide membership organization, comprised entirely of customers (possible slogan: “We’re the hundred percent”). In that capacity, it will hold events, publish, develop customer-side code that’s good for both customers and businesses (e.g. a shopping cart of your own that you can take from site to site), and lobby for policies that respect the natural sovereignty and power of customers in the digital world. After years of prep, and not much asking, Customer Commons is at last ready to accept funding, and to start scaling up. If you have money to invest in grass roots citizen-sovereign work, that’s a good place to do it.
  2. Commercial publishers, including nearly all the world’s websites (or so it seems) became deeply dependent on adtech—tracking based advertising—for income. (I reviewed that history here in 2015.) We’ve been fighting that. So have governments. Both the GDPR in Europe and the California Consumer Privacy Act were called to existence by privacy abuses funded by adtech. (Seriously, without adtech, those laws wouldn’t have happened.)
  3. The current VRM developments list is a large and growing one. So is our list of participants.
  4. Some of the allied projects mentioned in the proposal are gone or have morphed. But some are still there, and there are many other potential collaborators.
  5. Fintech has become a thing, along with blockchain, distributed ledgers and other person-driven solutions to the problem of excessive centralization.
  6. The word cluetrain is now mentioned in more than 13,000 books. And, twenty years since it was first uttered, cluetrain is also tweeted almost constantly.
  7. I am now editor-in-chief of Linux Journal, the first publication ready  to accept terms proffered by readers, starting with a Customer Commons one dubbed #NoStalking.

That list could go on, but it’s not what matters.

What matters is that EmanciPay was a great idea when we proposed it in the first place, and a better idea now. With the right backing, it can scale.

If you want to solve the problem of paying for news (or all of journalism), there is not a more democratic, fair, trust-causing and potentially massive idea on the table, for doing exactly that, than EmanciPay. Nor one better potentiated to address lots of other problems and  goals laid out in that Knight Commission report. One example: An immodest proposal for the music industry.

If you’re interested, talk to me.

Weighings

A few years ago I got a Withings bathroom scale: one that knows it’s me, records my weight, body mass index and fat percentage on a graph informed over wi-fi. The graph was in a Withings cloud.

I got it because I liked the product (still do, even though it now just tells me my weight and BMI), and because I trusted Withings, a French company subject to French privacy law, meaning it would store my data in a safe place accessible only to me, and not look inside. Or so I thought.

Here’s the privacy policy, and here are the terms of use, both retrieved from Archive.org. (Same goes for the link in the last paragraph and the image above.)

Then, in 2016, the company was acquired by Nokia and morphed into Nokia Health. Sometime after that, I started to get these:

This told me Nokia Health was watching my weight, which I didn’t like or appreciate. But I wasn’t surprised, since Withings’ original privacy policy featured the lack of assurance long customary to one-sided contracts of adhesion that have been pro forma on the Web since commercial activity exploded there in 1995: “The Service Provider reserves the right to modify all or part of the Service’s Privacy Rules without notice. Use of the Service by the User constitutes full and complete acceptance of any changes made to these Privacy Rules.” (The exact same language appears in the original terms of use.)

Still, I was too busy with other stuff to care more about it until I got this from  community at email.health.nokia two days ago:

Here’s the announcement at the “learn more” link. Sounded encouraging.

So I dug a bit and and saw that Nokia in May planned to sell its Health division to Withings co-founder Éric Carreel (@ecaeca).

Thinking that perhaps Withings would welcome some feedback from a customer, I wrote this in a customer service form:

One big reason I bought my Withings scale was to monitor my own weight, by myself. As I recall the promise from Withings was that my data would remain known only to me (though Withings would store it). Since then I have received many robotic emailings telling me my weight and offering encouragements. This annoys me, and I would like my data to be exclusively my own again — and for that to be among Withings’ enticements to buy the company’s products. Thank you.

Here’s the response I got back, by email:

Hi,

Thank you for contacting Nokia Customer Support about monitoring your own weight. I’ll be glad to help.

Following your request to remove your email address from our mailing lists, and in accordance with data privacy laws, we have created an interface which allows our customers to manage their email preferences and easily opt-out from receiving emails from us. To access this interface, please follow the link below:

Obviously, the person there didn’t understand what I said.

So I’m saying it here. And on Twitter.

What I’m hoping isn’t for Withings to make a minor correction for one customer, but rather that Éric & Withings enter a dialog with the @VRM community and @CustomerCommons about a different approach to #GDPR compliance: one at the end of which Withings might pioneer agreeing to customers’ friendly terms and conditions, such as those starting to appear at Customer Commons.

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, for example sticking their hands inside our clothes without permission.

The fact that adtech plants tracking beacons on our naked digital selves and tracks us like animals across the digital frontier may be a norm for now, but it is also morally wrong, massively rude and now illegal under the  GDPR.

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 all about.)

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 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 the absolute. (It’s no coincidence that more than a year ago, 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 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. It 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. 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.

 

GDPR Hack Day at MIT

Our challenge in the near term is to make the GDPR work for us “data subjects” as well as for the “data processors” and “data controllers” of the world—and to start making it work before the GDPR’s “sunrise” on May 25th. That’s when the EU can start laying fines—big ones—on those data processors and controllers, but not on us mere subjects. After all, we’re the ones the GDPR protects.

Ah, but we can also bring some relief to those processors and controllers, by automating, in a way, our own consent to good behavior on their part, using a consent cookie of our own baking. That’s what we started working on at IIW on April 5th. Here’s the whiteboard:

Here are the session notes. And we’ll continue at a GDPR Hack Day, next Thursday, April 26th, at MIT. Read more about and sign up here. You don’t need to be a hacker to participate.

A positive look at Me2B

Somehow Martin Geddes and I were both at PIE2017 in London a few days ago and missed each other. That bums me because nobody in tech is more thoughtful and deep than Martin, and it would have been great to see him there. Still, we have his excellent report on the conference, which I highly recommend.

The theme of the conference was #Me2B, a perfect synonym (or synotag) for both #VRM and #CustomerTech, and hugely gratifying for us at ProjectVRM. As Martin says in his report,

This conference is an important one, as it has not sold its soul to the identity harvesters, nor rejected commercialism for utopian social visions by excluding them. It brings together the different parts and players, accepts the imperfection of our present reality, and celebrates the genuine progress being made.

Another pull-quote:

…if Facebook (and other identity harvesting companies) performed the same surveillance and stalking actions in the physical world as they do online, there would be riots. How dare you do that to my children, family and friends!

On the other hand, there are many people working to empower the “buy side”, helping people to make better decisions. Rather than identity harvesting, they perform “identity projection”, augmenting the power of the individual over the system of choice around them.

The main demand side commercial opportunity at the moment are applications like price comparison shopping. In the not too distant future is may transform how we eat, and drive a “food as medicine” model, paid for by life insurers to reduce claims.

The core issue is “who is my data empowering, and to what ends?”. If it is personal data, then there needs to be only one ultimate answer: it must empower you, and to your own benefit (where that is a legitimate intent, i.e. not fraud). Anything else is a tyranny to be avoided.

The good news is that these apparently unreconcilable views and systems can find a middle ground. There are technologies being built that allow for every party to win: the user, the merchant, and the identity broker. That these appear to be gaining ground, and removing the friction from the “identity supply chain”, is room for optimism.

Encouraging technologies that enable the individual to win is what ProjectVRM is all about. Same goes for Customer Commons, our nonprofit spin-off. Nice to know others (especially ones as smart and observant as Martin) see them gaining ground.

Martin also writes,

It is not merely for suppliers in the digital identity and personal information supply chain. Any enterprise can aspire to deliver a smart customer journey using smart contracts powered by personal information. All enterprises can deliver a better experience by helping customers to make better choices.

True.

The only problem with companies delivering better experiences by themselves is that every one of them is doing it differently, often using the same back-end SaaS systems (e.g. from Salesforce, Oracle, IBM, et. al.).

We need ways customers can have their own standard ways to change personal data settings (e.g. name, address, credit card info), call for support and supply useful intelligence to any of the companies they deal with, and to do any of those in one move.

See, just as companies need scale across all the customers they deal with, customers need scale across all the companies they deal with. I visit the possibilities for that here, here, here, and here.

On the topic of privacy, here’s a bonus link.

And, since Martin takes a very useful identity angle in his report, I invite him to come to the next Internet Identity Workshop, which Phil Windley, Kaliya @IdentityWoman and I put on twice a year at the Computer History Museum. The next, our 26th, is 3-5 April 2018.

 

 

Our radical hack on the whole marketplace

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

tetrad-of-media-effects

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

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

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

contracts-of-adhesion

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

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

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

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

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

— The only way customers come first

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

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

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

See you there.

 

“Disruption” isn’t the whole VRM story

250px-mediatetrad-svg

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

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

I suggest that VRM—

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

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

I bring this up for three reasons:

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

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

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If it weren’t for retargeting, we might not have ad blocking

jblflip2This is a shopping vs. advertising story that starts with the JBP Flip 2 portable speaker I bought last year, when Radio Shack was going bankrupt and unloading gear in “Everything Must Go!” sales. I got it half-off for $50, choosing it over competing units on the same half-bare shelves, mostly because of the JBL name, which I’ve respected for decades. Before that I’d never even listened to one.

The battery life wasn’t great, but the sound it produced was much better than anything my laptop, phone or tablet put out. It was also small, about the size of a  beer can, so I could easily take it with me on the road. Which I did. A lot.

Alas, like too many other small devices, the Flip 2’s power jack was USB micro-b. That’s the tiny flat one that all but requires a magnifying glass to see which side is up, and tends to damage the socket if you don’t slip it in exactly right, or if you force it somehow. While micro-b jacks are all design-flawed that way, the one in my Flip 2 was so awful that it took great concentration to make sure the plug jacked in without buggering the socket.

Which happened anyway. One day, at an AirBnB in Maine, the Flip 2’s USB socket finally failed. The charger cable would fit into the socket, but the socket was loose, and the speaker wouldn’t take a charge. After efforts at resuscitation failed, I declared the Flip 2 dead.

But I was still open to buying another one. So, to replace it, I did what most of us do: I went to Amazon. Naturally, there were plenty of choices, including JBL Flip 2s and newer Flip 3s, at attractive prices. But Consumer Reports told me the best of the bunch was the Bose Soundlink Color, for $116.

So I bought a white Bose, because my wife liked that better than the red JBL.

The Bose filled Consumer Reports’ promise. While it isn’t stereo, it sounds much better than the JBL (voice quality and bass notes are remarkable). It’s also about the same size (though with a boxy rather than a cylindrical shape), has better battery life, and a better user interface. I hate that it  charges through a micro-b jack, but at least this one is easier to plug and unplug than the Flip 2 had been. So that story had a happy beginning, at least for me and Bose.

It was not happy, however, for me and Amazon.

Remember when Amazon product pages were no longer than they needed to be? Those days are gone. Now pages for every product seem to get longer and longer, and can take forever to load. Worse, Amazon’s index page is now encrusted with promotional jive. Seems like nearly everything “above the fold” (before you scroll down) is now a promo for Amazon Fashion, the latest Kindle, Amazon Prime, or the company credit card—plus rows of stuff “inspired by your shopping trends” and “related to items you’ve viewed.”

But at least that stuff risks being useful. What happens when you leave the site, however, isn’t. That’s because, unless you’re running an ad blocker or tracking protection, Amazon ads for stuff you just viewed, or put in your shopping cart, follow you from one ad-supported site to another, barking at you like a crazed dog. For example:

amazon1

I lost count of how many times, and in how many places, I saw this Amazon ad, or one like it, for one speaker, the other, or both, after I finished shopping and put the Bose speaker in my cart.

Why would Amazon advertise something at me that I’ve already bought, along with a competing product I obviously chose not to buy? Why would Amazon think it’s okay to follow me around when I’m not in their store? And why would they think that kind of harassment is required, or even okay, especially when the target has been a devoted customer for more than two decades, and sure to return and buy all kinds of stuff anyway?  Jeez, they have my business!

And why would they go out of their way to appear both stupid and robotic?

The answers, whatever they are, are sure to be both fully rationalized and psychotic, meaning disconnected from reality, which is the marketplace where real customers live, and get pissed off.

And Amazon is hardly alone at this. In fact the practice is so common that it became an Onion story in October 2018: Woman Stalked Across 8 Websites By Obsessed Shoe Advertisement.

The ad industry’s calls this kind of stalking “retargeting,” and it is the most obvious evidence that we are being tracked on the Net. The manners behind this are completely at odds with those in the physical world, where no store would place a tracking beacon on your body and use it to follow you everywhere you go after you leave. But doing exactly that is pro forma for marketing in the digital world.

When you click on that little triangular symbol in the corner of the ad, you can see how the “interactive” wing of the advertising business, generally called adtech, rationalizes surveillance:

adchoices1The program is called AdChoices, and it’s a creation of those entities in the lower right corner. The delusional conceits behind AdChoices are many:

  1. That Ad Choices is “yours.” It’s not. It’s theirs.
  2. That “right ads” exist, and that we want them to find us, at all times.
  3. That making the choices they provide actually gives us control of advertising online.
  4. That our personal agency—the power to act with full effect in the world—is a grace of marketers, and not of our own independent selves.

Not long after I did that little bit of shopping on Amazon, I also did a friend the favor of looking for clothes washers, since the one in her basement crapped out and she’s one of those few people who don’t use the Internet and never will. Again I consulted Consumer Reports, which recommended a certain LG washer in my friend’s price range. I looked for it on the Web and found the best price was at Home Depot. So I told her about it, and that was that.

For me that should have been the end of it. But it wasn’t, because now I was being followed by Home Depot ads for the same LG washer and other products I wasn’t going to buy, from Home Depot or anybody else. Here’s one:

homedepot1

Needless to say, this didn’t endear me to Home Depot, to LG, or to any of the sites where I got hit with these ads.

All these parties failed not only in their mission to sell me something, but to enhance their own brands. Instead they subtracted value for everybody in the supply chain of unwelcome tracking and unwanted message targeting. They also explain (as Don Marti does here) why ad blocking has grown exactly in pace with growth in retargeting.

I subjected myself to all this by experimentally turning off tracking protection and ad blockers on one of my browsers, so I could see how the commercial Web works for the shrinking percentage of people who don’t protect themselves from this kind of abuse. I do a lot of that, as part of my work with ProjectVRM. I also experiment a lot with different kinds of tracking protection and ad blocking, because the developers of those tools are encouraged by that same work here.

For those new to the project, VRM stands for Vendor Relationship Management, the customer-side counterpart of Customer Relationship Management, the many-$billion business by which companies manage their dealings with customers—or try to.

Our purpose with ProjectVRM is to encourage development of tools that give us both independence from the companies we engage with, and better ways of engaging than CRM alone provides: ways of engaging that we own, and are under our control. And relate to the CRM systems of the world as well. Our goal is VRM+CRM, not VRM vs. CRM.

Ad blocking and tracking protection are today at the leading edge of VRM development, because they are popular and give us independence. Engagement, however, isn’t here yet—at least not at the same level of popularity. And it probably won’t get here until we finish curing business of the brain cancer that adtech has become.

[Later…] After reading this, a friend familiar with the adtech business told me he was sure Bose’s and JPL’s agencies paid Amazon’s system for showing ads to “qualified leads,” and that Amazon’s system preferred to call me a qualified lead rather than a customer whose purchase of a Bose speaker (from Amazon!) mattered less than the fact that its advertising system could now call me a qualified lead. In other words, Amazon was, in a way, screwing Bose and JPL. If anyone has hard facts about this, please send them along. Until then I’ll consider this worth sharing but still unproven.

Humanizing the Great Ad Machine

This is a comment I couldn’t publish under this post before my laptop died. (Fortunately I sent it to my wife first, so I’m posting it here, from her machine.)

OMMA’s theme is “Humanizing the Great Ad Machine”  Good one. Unfortunately, the agenda and speaker list suggest that industry players are the only ones in a position to do that. They aren’t..

The human targets of the Great Ad Machine are actually taking the lead—by breaking it.

Starting with ad blocking and tracking protection.

I see no evidence of respect for that fact, however, in the posts and tweets (at #MPOMMA) coming out of the conference so far. Maybe we can change that.

Let’s start by answering the question raised by the headline in Ad Blocking and DVRs: How Similar? I can speak as an operator of both technologies, and as a veteran marketer as well. So look at the rest of this post as the speech I’d give if I was there at OMMA…

Ad blocking and DVRs have four main things in common.

1) They are instruments of personal independence;

2) They answer demand for avoiding advertising. That demand exists because most advertising wastes time and space in people’s lives, and people value those two things more than whatever good advertising does for the “content” economy;

3) Advertising agents fail to grok this message; which is why—

4) Advertising agents and the “interactive” ad industry cry foul and blame the messengers (including the makers of ad blockers and other forms of tracking protection), rather than listening to, or respecting, what the market tells them, loudly and clearly.

Wash, rinse and repeat.

The first wash was VCRs. Those got rinsed out by digital TV. The second wash was DVRs. Those are being rinsed out right now by the Internet. The third wash is ad blocking.

The next rinse will happen after ad blocking succeeds as chemo for the cancer of ads that millions on the receiving end don’t want.

The next wash will be companies spending their marketing money on listening for better signals of demand from the marketplace, and better ways of servicing existing customers after the sale.

This can easily happen because damn near everybody is on the Net now, or headed there. Not trapped on TV or any other closed, one-way, top-down, industry-controlled distribution system.

On the Net, everybody has a platform of their own. There is no limit to what can be built on that platform, including much better instruments for expressing demand, and much better control over private personal spaces and the ways personal data are used by others. Ad blocking is just the first step in that direction.

The adtech industry (including dependent publishers) can come up with all the “solutions” they want to the ad blocking “problem.” All will fail, because ad blocking is actually a solution the market—hundreds of millions of real human beings—demands. Every one of adtech’s “solutions” is a losing game of whack-a-mole where the ones with hammers bang their own heads.

For help looking past that game, consider these:

1) The Interent as we know it is 21 years old. Commercial activity on it has only been possible since April 30, 1995. The history of marketing on the Net since then has been a series of formative moments and provisional systems, not a permanent state. In other words, marketing on the Net isn’t turtles all the way down, it’s scaffolding. Facebook, Google and the rest of the online advertising world exist by the grace of provisional models that have been working for only a few years, and can easily collapse if something better comes along. Which it will. Inevitably. Because…

2) When customers can signal demand better than adtech can manipulate it or guess at it, adtech will collapse like a bad soufflé.

3) Plain old brand advertising, which has always been aimed at populations rather than people, isn’t based on surveillance, and has great brand-building value, will carry on, free of adtech, doing what only it can do. (See the Ad Contrarian for more on that.)

In the long run (which may be short) winners will be customers and the companies that serve them  respectfully. Not more clueless and manipulative surveillance-based marketing schemes.

Winning companies will respect customers’ independence and intentions. Among those intentions will be terms that specify what can be done with shared personal data. Those terms will be supplied primarily by customers, and companies will agree to those terms because they will be friendly, work well for both sides, and easily automated.

Having standard ways for signaling demand and controlling use of personal data will give customers the same kind of scale companies have always had across many customers. On the Net, scale can work in both directions.

Companies that continue to rationalize spying on and abusing people, at high costs to everybody other than those still making hay while the sun shines, will lose. The hay-makers will also lose as soon as the light of personal tolerance for abuse goes out, which will come when ad blocking and tracking protection together approach ubiquity.

But the hay-makers can still win if they start listening to high-value signals coming from customers. It won’t be hard, and it will pay off.

The market is people, folks. Everybody with a computer or a smart mobile device is on the Net now. They are no longer captive “consumers” at the far ends of one-way plumbing systems for “content.” The Net was designed in the first place for everybody, not just for marketers who build scaffolding atop customer dislike and mistake it for solid ground.

It should also help to remember that the only business calling companies “advertisers” is advertising. No company looks in the mirror and sees an advertiser there. That’s because no company goes into business just so they can advertise. They see a car maker, a shoe store, a bank, a brewer, or a grocer. Advertising is just overhead for them. I learned this lesson the hard way as a partner for 20 years in a very successful ad agency. Even if our clients loved us, they could cut their ad budget to nothing in an instant, or on a whim.

There’s a new world of marketing waiting to happen out there in the wide-open customer-driven marketplace. But it won’t grow out of today’s Great Ad Machine. It’ll grow out of new tech built on the customers’ side, with ad blocking and tracking protection as the first examples. Maybe some of that tech is visible at OMMA. Or at least maybe there’s an open door to it. If either is there, let’s see it. Hashtag: #VRM. (For more on that, see https://en.wikipedia.org/wiki/Vendor_relationship_management.)

If not, you can still find developers here .

The Castle Doctrine

home castle

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

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

At the very least, it should be your browser.

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

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

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

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

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

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

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

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

 

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