Category: VRM (Page 4 of 26)

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@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 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.

 

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.

The most leveraged VRM Day yet

VRM Day is coming up soon: Monday, 2 April.

Register at that link. Or, if it fails, this one. (Not sure why, but we get reports of fails with the first link on Chrome, but not other browsers. Go refigure.)

Why this one is more leveraged than any other, so far:::

Thanks to the GDPR, there is more need than ever for VRM, and more interest than ever in solutions to compliance problems that can only come from the personal side.

For example, the GDPR invites this question: What can we do as individuals that can put all the companies we deal with in compliance with the GDPR because they’re in compliance withour terms and our privacy policies? We have some answers, and we’ll talk about those.

We also have two topics we need to dive deeply into, starting at VRM Day and continuing over the following three days at IIW, also at the Computer History Museum. These too are impelled by the GDPR.

First is lexicon, or what the techies call ontology: “a formal naming and definition of the types, properties, and interrelationships of the entities that really exist in a particular domain of discourse.” In other words, What are we saying in VRM that CRM can understand—and vice versa? We’re at that point now—where VRM meets CRM. On the table will be not just be the tools and services customers will use to make themselves understood by the corporate systems of the world, but the protocols, standard code bases, ontologies and other necessities that will intermediate between the two.

Second is cooperation. The ProjectVRM wiki now has a page called Cooperative Work that needs to be substantiated by actual cooperation, now that the GDPR is approaching. How can we support each other?

Bring your answers.

See you there.

2018: When Customers Finally Take Charge

In Spring of 2012, Harvard Business Review Press published The Intention Economy: When Customers Take Charge. Not long after that, word came from  The Wall Street Journal that Robert James Thomson, then Managing Editor of the paper, wanted to use the opening  chapter of the book as a cover essay for the paper’s Review section.  Amazon at the time was already giving that chapter away as a teaser for book sales, so I ended up compressing the whole book to a single 2000-word piece.  Here’s how the cover looked:

I thought, “Holy shit, that looks like the cover of Dianetics or something.” Also, “I never would have used that headline.”

But that’s why they pay big bucks to headline writers. That one proved so terrific that I want to use it as the title of my next book, to follow up on The Intention Economy now that it’s finally about to happen.

The timing is right because tectonic shifts now shaking business were twelve years in the future when I started ProjectVRM (in Fall of 2006) and six years in the future when The Intention Economy came out.

Let’s frame those shifts with a pair of graphics from Larry Lessig‘s 1999 book Code and Other Laws of Cyberspace, and its successor in 2005, Code v2. The first is this dot, representing the individual:

The second is this graphic, representing four constraints on the individual:

Each of those four ovals, Larry wrote, constrain or regulate what the individual can do in the networked world.

With ProjectVRM, our work is about turning around those arrows, empowering individuals to exert influence—or agency (the power to operate with full effect)—in all four directions:

In other words, to be a god.

In Code, Larry explains the four constraints with the example of smoking:

If you want to smoke, what constraints do you face? What factors regulate your decision to smoke or not?

One constraint is legal. In some places at least, laws regulate smoking—if you are under eighteen, the law says that cigarettes cannot be sold to you…

But laws are not the most significant constraints on smoking. Smokers in the United States certainly feel their freedom regulated… Norms say that one doesn’t light a cigarette in a private car without first asking permission of the other passengers…

The market is also a constraint. The price of cigarettes is a constraint on your ability to smoke —change the price, and you change this constraint…

Finally, there are the constraints created by the technology of cigarettes, or by the technologies affecting their supply… How the cigarette is, how it is designed, how it is built —in a word, its architecture—affects the constraints faced by a smoker.

Thus, four constraints regulate this pathetic dot—the law, social norms, the market, and architecture—and the “regulation” of this dot is the sum of these four constraints. Changes in any one will affect the regulation of the whole… A complete view, therefore, must consider these four modalities together.

But the Internet was not designed for pathetic dots. By specifying little more than how data is addressed and moved between any two points in the world, across any variety of networks, the Internet gave every conscious entity on that world a lever so huge  Archimedes could only imagine it. I explain this in How tools for customers have more leverage than tools for business alone:

Archimedes said “Give me a place to stand and a lever long enough and I can move the world.”

Alas, Archimedes didn’t have that place. Now all of us do. It’s called the Internet.

Before the Internet, the best way to improve business was with better tools and services for businesses, or with new businesses to disrupt or compete with existing ones.

With the Internet, we can improve customers. In fact, that’s where we started when the Internet showed up in its current form, on 30 April 1995. (That’s when the Net could start supporting all forms of data traffic, including the commercial kind.) The three biggest tools giving customers leverage back then (and still today) were browsers, email and the ability to do anything any company could, starting with publishing.

But then we did what came most easily to business back in the Industrial Age: create new businesses and improve old ones. Nothing wrong with that, of course. Just something inadequate.

Worse, we created giant businesses that only gave customers leverage inside their walled gardens. By now we’ve lived so long inside Google, Apple, Facebook and Amazon (called GAFA in Europe) that we can hardly think outside their boxes.

But if we do, we can see again what the promise of the Net was in the first place: Archimedes-grade power for everybody. And there are a lot more customers than companies in that population.

This is why a bunch of us have been working, through ProjectVRM, on tools that make customers both independent and better able to engage with business.

Now let’s look at one changed constraint: Law.

The tectonic shift happening there is the General Data Protection Regulation, or GDPR. It was created by the European Union to constrain what  Shoshana Zuboff calls surveillance capitalism. Nearly all that surveillance is for the purpose of providing ways to aim ads at tracked eyeballs wherever they go. The GDPR forbids doing that, and imposes potentially massive fines for violations—up to 4% of global revenues over the prior year. I am sure Google, Facebook and lesser purveyors of advertising online will find less icky ways to stay in business; but it is becoming clear that next May 25, when the GDPR goes into full effect, will be an extinction-level event for tracking-based advertising (aka adtech) as a business model.

But there is a silver lining for advertising in the GDPR’s mushroom cloud, in the form of the oldest form of law in the world: contracts. These are agreements that any two parties can form with each other.

So, if an individual proffers a term to a publisher that says,

—and that publisher agrees to it, that publisher is compliant with the GDPR, plain and simple. (I unpack how this works in Good news for publishers and advertisers fearing the GDPR and in many other pieces in the People vs. Adtech series.)

Those terms will live at Customer Commons, a non-profit spin-off of ProjectVRM. “CuCo” was created to do for personal terms what Creative Commons did, and still does, for personal copyright. (Creative Commons was a brainchild of Larry Lessig when he was a fellow at the Berkman Klein Center. We steal from the best.)

Our goal is to have our first agreement—the one two paragraphs up—working for both readers and publishers before the GDPR deadline in May. We have help toward that from the Cyberlaw Clinic at Harvard Law School and the Berkman Klein Center, from other friendly legal folk, and from equally friendly techies, such as those behind the JLINC protocol.

If publishers accept this olive branch from individuals (who are no longer mere “consumers” or “users”), it will demonstrate how existing law and a simple new architecture can alter both markets and norms in ways that make the world better for everybody.

In October 2016, I announced  the end of ProjectVRM’s Phase One and the start of Phase Two.

Making VRM happen in 2018  will complete Phase Two. At the end of it our original thesis—that free customers are more valuable than captive ones—will either prove out or wait for other projects to do the job. Either way we’ll be done. All projects need an end, and this will be ours.

I believe free customers will prove more valuable than captive ones—to themselves, and to everyone else—for two reasons. One is that the Internet was designed to prove it in the first place (and no amount of screwage by governments or service providers can stuff that genie back in the bottle). The other is what I just tweeted here:

Services providing countless different ways for countless different businesses to provide good “customer experiences” () can’t answer the customer’s need for one way to deal with all of them. In fact, they only make things worse with every new login and “loyalty” program.

In other words, we need #customertech. Simple as that. That’s the lever that makes each of us an Archimedes. We’ll get it, from one or more of the projects and companies already on our developments list—and from others who will come along to answer a need that has been in the market since long before the Internet showed up.

So consider this is a recruitment post. We have a lot of work to do in a very short time.

 

 

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.

 

 

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.

 

Good news for publishers and advertisers fearing the GDPR

The GDPR (General Data Protection Regulation) is the world’s most heavily weaponized law protecting personal privacy. It is aimed at companies that track people without asking, and its ordnance includes fines of up to 4% of worldwide revenues over the prior year.

The law’s purpose is to blow away the (mostly US-based) surveillance economy, especially tracking-based “adtech,” which supports most commercial publishing online.

The deadline for compliance is 25 May 2018, just a couple hundred days from now.

There is no shortage of compliance advice online, much of it coming from the same suppliers that talked companies into harvesting lots of the “big data” that security guru Bruce Schneier calls a toxic asset. (Go to https://www.google.com/search?q=GDPR and see whose ads come up.)

There is, however, an easy and 100% GDPR-compliant way for publishers to continue running ads and for companies to continue advertising. All the publisher needs to do is agree with this request from readers:

That request, along with its legal and machine-readable expressions, will live here:

The agreements themselves can be recorded anywhere.

There is not an easier way for publishers and advertisers to avoid getting fined by the EU for violating the GDPR. Agreeing to exactly what readers request puts both in full compliance.

Some added PR for advertisers is running what I suggest they call #Safeds. If markets are conversations (as marketers have been yakking about since  The Cluetrain Manifesto), #SafeAds will be a great GDPR conversation for everyone to have:

Here are some #SafeAds benefits that will make great talking points, especially for publishers and advertisers:

  1. Unlike adtech, which tracks eyeballs off a publisher’s site and then shoot ads at those eyeballs anywhere they can be found (including the Web’s cheapest and shittiest sites), #SafeAds actually sponsor the publisher. They say “we value this publication and the readers it brings to us.”
  2. Unlike adtech, #SafeAds carry no operational overhead for the publisher and no cognitive overhead for readers—because there are no worries for either party about where an ad comes from or what it’s doing behind the scenes. There’s nothing tricky about it.
  3. Unlike adtech, #SafeAds carry no fraud or malware, because they can’t. They go straight from the publisher or its agency to the publication, avoiding the corrupt four-dimensional shell game adtech has become.
  4. #SafeAds carry full-power creative and economic signals, which adtech can’t do at all, for the reasons just listed. It’s no coincidence that nearly every major brand you can name was made by #SafeAds, while adtech has not produced a single one. In fact adtech has an ugly history of hurting brands by annoying people with advertising that is unwelcome, icky, or both.
  5. Perhaps best of all for publishers, advertisers will pay more for #SafeAds, because those ads are worth more.

#NoStalking and #SafeAds can also benefit social media platforms now in a world of wonder and hurt (example: this Zuckerberg hostage video). The easiest thing for them to do is go freemium, with little or no ads (and only safe ones on the paid side, and nothing but #SafeAds on the free side, in obedience to #NoStalking requests, whether expressed or not.

If you’re a publisher, an advertiser, a developer, an exile from the adtech world, or anybody else who wants to help out, talk to us. That deadline is a hard one, and it’s coming fast.

CustomerTech

doc-017-018_combined_med

We now have a better name for VRM than VRM: customertech.

Hashtag, #customertech.

We wouldn’t have it without adtech (3+million results), martech (1.85m) , fintech (22+m) and regtech (.6m), all of which became hot stuff in the years since we started ProjectVRM in 2006. Thanks to their popularity, customertech makes full sense of what VRM has always been about.

The term came to us from Iain Henderson, a fellow board member of Customer Commons, in response to my request for help prepping for a talk I was about to give at the Martech conference in San Francisco last Thursday. Among other hunks of good advice, Iain wrote “martech needs customertech.”

That nailed it.

So I vetted customertech in my talk, and it took. The audience in the huge ballroom was attentive and responsive.

The talk wasn’t recorded, but @xBarryLevine in Martech Today wrote up a very nice report on it, titled MarTech Conference: Doc Searls previews ‘customer tech’:The marketing writer/researcher has helped set up a ‘Customer Commons’ to provide some of the automated ‘contracts’ between customers and brands.

One problem we’ve had with VRM as a label is an aversion by VRM developers to using it, even as they participate in VRM gatherings and participate in our mailing list (of about 600 members). It doesn’t matter why.

It does matter that martech likes customertech, and understands it instantly. In conversations afterwards, martech folk spoke about it knowingly, without ever having encountered it before. It was like, “Of course, customertech: tech the customer has.”

I highly recommend to VRM developers that they take to it as well. I can’t think of anything that will help the cause more.

The word alone should also suggest a symbol or an illustration better than VRM ever did.

This doesn’t mean, by the way, that we are retiring VRM, since Vendor Relationship Management earned its Wikipedia entry (at that link), and is one of the most important things customertech can do.

Look at it this way: VRM is one of the many things customertech can do.

Meanwhile, a hat tip to Hugh MacLeod of Gapingvoid for the image above. He drew it for a project we both worked on, way back in ’04.

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.

 

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