Category: Terms & Conditions

How should customers look to business?

The world of business has a default symbol for customers: the ones they put on restroom doors.

Outside of those, there is no universal symbol for a customer.

When business talks to itself, it mostly uses generic cartoon images such as these (from a Bing search) and these (from a Google one):

I’m sure all of us identify more with the restroom symbols (and emojis) than we do with those things.

It’s interesting how, even though we comprise 100% of the marketplace, we remain a prevailing absence in nearly every business conference, business book and business school class.

The notion that customers can be independent and fully empowered agents of themselves, with scale across all the businesses they deal with, at best gets the intellectual treatment (seeing customers, for example, as “rational actors”).

At worst, customers are seen as creatures that go moo and squit money if they’re held captive and squeezed the right ways.  Listen to the talk. Typically customers are “targets” that businesses “acquire,” “manage,” “control” or “lock in” as if we are cattle or slaves.

Often customers are simply ignored.

One example that showed up today was this press release announcing “an innovative initiative focused on the overhaul of open account trade finance infrastructure.” It’s from R3, which makes Corda, a ” distributed ledger platform designed specifically for financial services,” and is “a joint undertaking between R3, TradeIX, and twelve financial institutions.” This network, says the release, will “improve access to open account trade for the global ecosystem of banks, buyers, suppliers, technology providers, insurers, and other parties, such as logistics companies, that are critical to facilitating global open account trade flows.”

Never mind that distributed ledgers have been hailed as the second coming (or even the first) of the customer-empowering peer-to-peer world. Instead note the absence of customers: people and institutions who entrust their money and assets to all the parties listed in that long sentence.

Our goal with ProjectVRM is to equip customers (not just “consumers,” or “end users”) to say We’re not just at the same table with you guys. We are that table. And we are much bigger and far more powerful than you can ever make us on your own.

In other words, our job here is to give customers superpowers.

There are lots of people arguing that more policy is the answer. But we already have the GDPR. Huge leverage there. Let’s use it to highlight how own customer-empowering solutions put the companies that serve us in compliance.

In the last post we named one. That and many other forms of #customertech will be featured at VRM Day and IIW, later this month at the Computer History Museum in Silicon Valley. Looking forward to seeing many of you there.

Let’s make customers powerful. Then it won’t matter how they look to business, other than real.

 

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.

 

Pictures Unpack 20,669 Words

rsiskoryak-image

That’s a small sample of some great work by the artist R. Siskoryak, who (Wikipedia tells us), usually “specializes in making comic adaptations of literature classics”, but has now graphically adapted the complete text of what Joe Coscarelli (@JoeCoscarelli) of The New York Times (in Artist Helps iTunes’ User Agreement Go Down Easy), calls “the complete text of Apple’s mind-numbing corporate boilerplate” one must agree to before using iTunes.

The adaptation has its own Tumblr site, where it says, “@rsikoryak is on tour to promote the new color edition of Terms and Conditions: The Graphic Novel, out now from @drawnandquarterly.” Hence the image above. His  well-illustrated bio there is fun too. You can also read the original Tumblr version from the beginning here.

He’ll be appearing (and, presumably speaking and showing) at the Strand Bookstore, 828 Broadway, 10003, with Kenneth Goldsmith, at 7pm this evening (Thursday, March 9). He’s already been in Baltimore. Next up:

  • Pittsburgh, PA, Friday, March 17, 2017 – 6:00pm, ToonSeum with Copacetic Comics. 945 Liberty Ave, 15222
  • Cincinnati, OH, Tuesday, March 21, 2017 – 7:00pm, Joseph-Beth Booksellers, 2692 Madison Ave., 45208 with Carol Tyler
  • New York, NY, Friday, March 24, 2017 – 4:00pm, Spring Symposium, Cardozo Law Journal, moderated by Brett Frischmann
  • Rochester, NY, Wednesday, April 12, 2017 – 4:00pm, Rochester Institute of Technology, Bamboo Room in the Student Alumni Union, 1 Lomb Memorial Dr, 14623
  • Toronto, ON, Toronto Comic Arts Festival, Friday, May 12, 2017 – 9:00am to Sunday, May 14, 2017 – 5:00pm, Toronto Reference Library, 789 Yonge

Meanwhile, here are a few things we’ve been doing (both through ProjectVRM and CustomerCommons, which is working with the Consent & Information Sharing Working Group at Kantara) on terms and conditions you, the individual formerly known as “the user” (as if you’re on drugs) can assert as the first party. In other words, ways companies such as Apple can click “agree” to what you bring to the level table between you both. Four reasons they would do that:

  1. We have the Internet now. It’s a flat place. We don’t need to drag industrial age defaults that give companies scale across many customers, but don’t give individuals scale across many companies.
  2. Ours can have scale too. This is what Cluetrain promised in 1999 when it said we are not seats or eyeballs or end users or consumers. we are human beings and our reach exceeds your grasp. deal with it. Sure, companies haven’t heard of customer boilerplate before; but they do like consistency, simplicity, predictability, standardization and saving money and time. Customers’ scalable terms will bring them all.
  3. Our terms can be as friendly online as they are off. First example: #NoStalking, which can save the asses of publishers and advertisers, and maybe save journalism too.
  4. GDPR compliance. No need to worry about Europe’s new General Data Protection Regulation and its scary penalties when agreeing to friendly GDPR-compliant terms proffered by individuals obviates the whole thing.

Bonus links:

We will also be visiting all of these—on both the first and second party sides—at VRM Day, and then at the 24th Internet Identity Workshop, which happen together the first week of May at the Computer History Museum in Silicon Valley.

“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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We’re done with Phase One

Here’s a picture that’s worth more than a thousand words:

maif-vrm

He’s with MAIF, the French insurance company, speaking at MyData 2016 in Helsinki, a little over a month ago. Here’s another:

sean-vrm

That’s Sean Bohan, head of our steering committee, expanding on what many people at the conference already knew.

I was there too, giving the morning keynote on Day 2:

cupfu1hxeaa4thh

It was an entirely new talk. Pretty good one too, especially since  I came up with it the night before.

See, by the end of Day 1, it was clear that pretty much everybody at the conference already knew how market power was shifting from centralized industries to distributed individuals and groups (including many inside centralized industries). It was also clear that most of the hundreds of people at the conference were also familiar with VRM as a market category. I didn’t need to talk about that stuff any more. At least not in Europe, where most of the VRM action is.

So, after a very long journey, we’re finally getting started.

In my own case, the journey began when I saw the Internet coming, back in the ’80s.  It was clear to me that the Net would change the world radically, once it allowed commercial activity to flow over its pipes. That floodgate opened on April 30, 1995. Not long after that, I joined the fray as an editor for Linux Journal (where I still am, by the way, more than 20 years later). Then, in 1999, I co-wrote The Cluetrain Manifesto, which delivered this “one clue” above its list of 95 Theses:

not

And then, one decade ago last month, I started ProjectVRM, because that clue wasn’t yet true. Our reach did not exceed the grasp of marketers in the world. If anything, the Net extended marketers’ grasp a lot more than it did ours. (Shoshana Zuboff says their grasp has metastacized into surveillance capitalism. ) In respect to Gibson’s Law, Cluetrain proclaimed an arrived future that was not yet distributed. Our job was to distribute it.

Which we have. And we can start to see results such as those above. So let’s call Phase One a done thing. And start thinking about Phase Two, whatever it will be.

To get that work rolling, here are a few summary facts about ProjectVRM and related efforts.

First, the project itself could hardly be more lightweight, at least administratively. It consists of:

Second, we have a spin-off: Customer Commons, which will do for personal terms of engagement (one each of us can assert online) what Creative Commons (another Berkman-Klein spinoff) did for copyright.

Third, we have a list of many dozens of developers, which seem to be concentrated in Europe and Australia/New Zealand.  Two reasons for that, both speculative:

  1. Privacy. The concept is much more highly sensitive and evolved in Europe than in the U.S. The reason we most often get goes, “Some of our governments once kept detailed records of people, and those records were used to track down and kill many of them.” There are also more evolved laws respecting privacy. In Australia there have been privacy laws for several years requiring those collecting data about individuals to make it available to them, in forms the individual specifies. And in Europe there is the General Data Protection Regulation, which will impose severe penalties for unwelcome data gathering from individuals, starting in 2018.
  2. Enlightened investment. Meaning investors who want a startup to make a positive difference in the world, and not just give them a unicorn to ride out some exit. (Which seems to have become the default model in the U.S., especially Silicon Valley.)

What we lack is research. And by we I mean the world, and not just ProjectVRM.

Research is normally the first duty of a project at the Berkman Klein Center, which is chartered as a research organization. Research was ProjectVRM’s last duty, however, because we had nothing to research at first. Or, frankly, until now. That’s why we were defined as a development & research project rather than the reverse.

Where and how research on VRM and related efforts happens is a wide open question. What matters is that it needs to be done, starting soon, while the “before” state still prevails in most of the world, and the future is still on its way in delivery trucks. Who does that research matters far less than the research itself.

So we are poised at a transitional point now. Let the conversations about Phase Two commence.

 

 

 

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The new frontier for CRM is CDL: Customer Driven Leads

cdlfunnelImagine customers diving, on their own, straight down to the bottom of the sales funnel.

Actually, don’t imagine it. Welcome it, because it’s coming, in the form of leads that customers generate themselves, when they’re ready to buy something. Here in the VRM world we call this intentcasting. At the receiving end, in the  CRM world, they’re CDLs, or Customer Driven Leads.

Because CDLs come from fully interested customers with cash in hand, they’re worth more than MQLs (Marketing Qualified Leads) or  SQLs (Sales Qualifed Leads), both of which need to be baited with marketing into the sales funnel.

CDLs are also free.  When the customer is ready to buy, she signals the market with an intentcast that CRM systems can hear as a fresh CDL. When the CRM system replies, an exchange of data and permissions follows, with the customer taking the lead.

It’s a new dance, this one with the customer taking the lead. But it’s much more direct, efficient and friendly than the old dances in which customers were mere “targets” to be “acquired.”

The first protocol-based way to generate CDLs for CRM is described in At last, a protocol to connect VRM and CRM, posted here in August. It’s called JLINC. We’ll be demonstrating it working on a Salesforce system on VRM Day at the Computer History Museum in Silicon Valley, on Monday, October 24. VRM Day is free, but space is limited, so register soon, here.

We’ll also continue to work on CDL development  over the next three days in the same location, at the IIW, the Internet Identity Workshop. IIW is an unconference that’s entirely about getting stuff done. No keynotes, no panels. Just working sessions run by attendees. This next one will be our 23rd IIW since we started them in 2005. It remains, in my humble estimation, the most leveraged conference I know. (And I go to a lot of them, usually as a speaker.)

As an additional temptation, we’re offering a 25% discount on IIW to the next 20 people who register for VRM Day. (And it you’ve already reigstered, talk to me.)

Iain Henderson, who works with JLINC Labs, will demo CDLs on Salesforce. We also invite all the other CRM companies—IBM, Microsoft Dynamics, SAP, SugarCRM… you know who you are—to show up and participate as well. All CRM systems are programmable. And the level of programming required to hear intentcasts is simple and easy.

See you there!

 

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It’s People vs. Advertising, not Publishers vs. Adblockers

By now hundreds of millions of people have gone to the privacy aisles of the pharmacy departments  in their local app stores and chosen a brand of sunblock to protect themselves from unwanted exposure to the harmful rays of advertising online.

There are many choices among potions on those shelves, but basically they do one, two or three of these things:

blockers

The most popular ad blocker, Adblock Plus, is configurable to do all three, but defaults to allow “acceptable”* ads and not to block tracking.

Tracking protection products, such as Baycloud Bouncer, Ghostery, Privacy Badger and RedMorph, are not ad blockers, but can be mistaken for them. (That’s what happens for me when I’m looking at Wired through Privacy Badger on Firefox.)

It is important to recognize these distinctions, for two reasons:

  1. Ad blocking, allowing “acceptable” ads, and tracking protection are different things.
  2. All three of those things answer market demand. They are clear evidence of the marketplace at work.

Meanwhle, nearly all press coverage of what’s going on here defaults to “(name of publisher or website here) vs. ad blockers.”

This  misdirects attention away from what is actually going on: people making choices in the open market to protect themselves from intrusions they do not want.

Ad blocking and tracking protection are effects, not causes. Blame for them should not go to the people protecting themselves, or to those providing them with means for protection, but to the sources and agents of harm. Those are:

  1. Companies producing ads (aka brands)
  2. Companies distributing the ads
  3. Companies publishing the ads
  4. All producers of unwanted tracking

That’s it.

Until we shift discussion to the simple causes and effects of supply and demand, with full respect for individual human beings and the legitimate choices they make in the open marketplace, to protect the sovereign personal spaces in their lives online, we’ll be stuck in war and sports coverage that misses the simple facts underlying the whole damn thing.

Until we get straight what’s going on here, we won’t be able to save those who pay for and benefit from advertising online.

Which I am convinced we can do. I’ve written plenty about that already here.

* These are controversial. I don’t go into that here, however, because I want to shift attention from spin to facts.

 

 

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At last, a protocol to connect VRM and CRM

person-entity

We’ve been waiting a long time for a protocol to connect VRM (customers’ Vendor Relationship Management) with CRM (vendors’ Customer Relationship Management).

Now we have one. It’s called JLINC, and it’s from JLINC Labs. It’s also open source. You’ll find it at Github, here. It’s still early, at v.0.3. So there’s lots of opportunity for developers and constructive hackers of all kinds to get involved.

Specifically, JLINC is a protocol for sharing data protected by the terms under which it is shared, such as those under development by Customer Commons and the Consent and Information Sharing Working Group (CISWG) at Kantara.

The sharing instance is permanently recorded in a distributed ledger (such as a blockchain) so that both sharer and recipient have a permanent record of what was agreed to. Additionally, both parties can build up an aggregated view of their information sharing over time, so they (or their systems) can learn from and optimize it.

The central concept in JLINC is an Information Sharing Agreement (ISA). This allows for—

  1. the schema related to the data being shared so that the data can be understood by the recipient without prior agreement
  2. the terms associated with the data being shared so that they can be understood by the recipient without prior negotiation
  3. the sharing instance, and any subsequent onward sharing under the same terms, to be permanently recorded on a distributed ledger of subsequent use (compliance and analytics)

To test and demonstrate how this works, JLINC built a demonstrator to bring these three scenarios to life. The first one tackled is Intentcasting , a long-awaited promise of VRM. With an Intencast, the customer advertises her intention to buy something, essentially becoming a qualified lead. (Here are all the ProjectVRM blog posts here with the Intentcasting tag.)

Obviously, the customer can’t blab her buying intention out to the whole world, or marketers would swarm her like flies, suck up her exposed data, spam her with offers, and sell or give away her data to countless other parties.

With JLINC, intention data is made available only when the customer’s terms are signed. Those terms specify permitted uses. Here is one such set (written for site visiting, rather than intentcasting):

UserSubmittedTerms2ndDraft

These say the person’s (first party’s) data is being shared exclusively with the second party (the site), for no limit in time, for the site’s use only, provided the site also obey the customer’s Do Not Track signal. I’m showing it because it lays out one way terms can work in a familiar setting

For JLINC’s intentcasting demonstration, terms were limited to second party use only, and a duration of thirty days. But here’s the important part: the intentcast spoke to a Salesforce CRM system, which was able to—

  1. accept or reject the terms, and
  2. respond to the intentcast with an offer,
  3. while the handshake between the two was recorded in a blockchain both parties could access

This means that JLINC is not only a working protocol, but that there are ways for VRM tools and systems to use JLINC to engage CRM systems. It also means there are countless new development opportunities on both sides, working together or separately.

Here’s another cool thing:  the two biggest CRM companies, Salesforce and Oracle, will hold their big annual gatherings in the next few weeks. This means JLINC and VRM+CRM can be the subjects of both conversation and hacking at either or both events. Specifically, here are the dates:

  1. Oracle’s OpenWorld 2016 will be September 18-22.
  2. Salesforce’s Dreamforce 2016  will be October 4-7.

Both will be at the Moscone Center in San Francisco.

Conveniently, the next VRM Day and IIW will both also happen, as usual, at the end of October:

  1. VRM Day will be October 24.
  2. Internet Identity Workshop (IIW’s XXIIIth) will be October 25-27.

Both will take place at the Computer History Museum, in downtown Silicon Valley. And JLINC, which was launched at the last VRM Day, is sure to be a main topic of discussion, starting at VRM Day and continuing through IIW, which I consider the most leveraged conference in the world, especially for the price.

If all goes well, we’ll have some examples of VRM+(Oracle and/or Salesforce) CRM to show off at Demo Day at IIW.

Love to see other CRM vendors show up too. You listening, SugarCRM? (I spoke about VRM+CRM at SugarCon in 2011. Here’s my deck from that talk. What we lacked then, and since, was a protocol for that “+”. Now we have it. )

Big HT to Iain Henderson of both JLINC Labs and Customer Commons, for guiding this post, as well as conducting the test that showed, hey, it can be done!

 

 

 

 

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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.

 

Why #NoStalking is a good deal for publishers

"Just give me ads not based on tracking me.."

That line, scribbled on a whiteboard at VRM Day recently at the Computer History Museum, expresses the unspoken social contract we’ve always had with ad-supported print publications in the physical world. But we never needed to say it in that world, for the same reason we never needed to say “don’t follow me out of your store,” or “don’t use ink that will give me an infection.” Nobody ever would have considered doing anything that ridiculously ill-mannered.

But following us, and infecting our digital bodies (e.g. our browsers) with microbes that spy on us, is pro forma for ad-supported publishers on the Internet. That’s why Do Not Track was created in 2007, and a big reason why since then hundreds of millions of us have installed ad blockers and tracking protection of various kinds in our browsers and mobile devices.

But blocking ads also breaks that old social contract. In that sense it’s also ill-mannered (though not ridiculously so, given the ickyness that typifies so much advertising online).

What if we wanted to restore that social contract, for the good of publishers that are stuck in their own ill-mannered death spiral?

The first and easiest way is by running tracking protection alone. There are many ways of doing that. There are settings you can make in some browsers, plus add-ons or extensions from Aloodo, BaycloudDisconnect, the EFF and others.

The second is requesting refined settings from browser makers. That’s  what @JuliaAnguin does in this tweet about the new Brave browser:

Julia Angwin's request to Brave

But why depend on each browser to provide us with a separate setting, with different rules? How about having our own pro forma rule we could express through all our browsers and apps?

We have the answer, and it’s called the NoStalking rule. In fact, it’s already being worked out and formalized at the Kantara Initiative and will live at Customer Commons, where it will be legible at all three of these levels:

3way

It will work because it’s a good one for both sides. Individuals proffering the #NoStalking term get guilt-free use of the goods they come to the publisher for, and the publisher gets to stay in business — and improve that business by running advertising that is actually valued by its recipients.

The offer can be expressed in one line of code in a browser, and accepted by corresponding code on the publisher’s side. The browser code can be run natively (as, for example, a choice in the Brave menu above) or through an extension such as an ad or tracking blocker. In those cases the blocker would open the valve to non-tracking-based advertising.

On the publisher’s side, the agreement can be automatic. Or simply de facto, meaning the publisher only runs non-tracking based ads anyway. (As does, for example, Medium.) In that case, the publisher is compliant with CHEDDAR, which was outlined by Don Marti (of Aloodo, above) and discussed  both at VRM Day and then at  IIW, in May. Here’s an icon-like image for CHEDDAR, drawn by Craig Burton on his phone:

Sketch - 7

To explain CHEDDAR, Don wrote this on the same whiteboard where the NoStalking term above also appeared:

cheddar

For the A in CHEDDAR, if we want the NoStalking agreement to be accountable from both sides, it might help to have a consent receipt. That spec is in the works too.

What matters most is that individuals get full respect as sovereign actors operating with full agency in the marketplace. That means it isn’t good enough just for sites to behave well. Sites also need to respond to friendly signals of intent coming directly from individuals visiting those sites. That’s why the NoProfiling agreement is important. It’s the first of many other possible signals as well.

It also matters that the NoProfiling agreement may be the first of its kind in the online world: one where the individual is the one extending the offer and the business is the one agreeing to it, rather than the other way around.

At VRM Day and IIW, we had participants affiliated with the EFF, Mozilla, Privacy Badger, Adblock Plus, Consent Receipt, PDEC (Personal Data Ecosystem Consortium),  and the CISWG (Consent & InfoSharing Working Group), among others. Work has continued since then, and includes people from the publishing, advertising and other interested communities. There’s a lot to be encouraged about.

In case anybody wonders if advertising can work as well if it’s not based on tracking, check out Pedro Gardete: The Real Price of Cheap Talk: Do customers benefit from highly targeted online ads?  by Eilene Zimmerman (@eilenez) in Insights by Stanford Business. The gist:

Now a new paper from Stanford Graduate School of Business professor Pedro Gardete and Yakov Bart, a professor at Northeastern University, sheds light on who is likely to benefit from personalized advertising and identifies managerial best practices.

The researchers found that highly targeted and personalized ads may not translate to higher profits for companies because consumers find those ads less persuasive. In fact, in some cases the most effective strategy is for consumers to keep information private and for businesses to track less of it.

You can also mine the oeuvres of Bob Hoffman and Don Marti for lots of other material that makes clear that the best advertising is actual advertising, and not stalking-based direct marketing that only looks like advertising.

Our next step, while we work on all this, is to put together an FAQ on why the #NoProfiling deal is a good one for everybody. Look for that at Customer Commons, where terms behind more good deals that customers offer will show up in the coming months.

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