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  • feedwordpress 02:36:10 on 2018/10/22 Permalink
    Tags: , , data portability, , , , , regulation   

    Instead of Breaking Up The Tech Oligarchs, Let’s Try This One Simple Hack 

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    Social conversations about difficult and complex topics have arcs – they tend to start scattered, with many threads and potential paths, then resolve over time toward consensus. This consensus differs based on groups within society – Fox News aficionados will cluster one way, NPR devotees another. Regardless of the group, such consensus then becomes presumption – and once a group of people presume, they fail to explore potentially difficult or presumably impossible alternative solutions.

    This is often a good thing – an efficient way to get to an answer. But it can also mean we fail to imagine a better solution, because our own biases are obstructing a more elegant path forward.

    This is my sense of the current conversation around the impact of what Professor Scott Galloway has named “The Four” – the largest and most powerful American companies in technology (they are Apple, Amazon, Google, and Facebook, for those just returning from a ten-year nap).  Over the past year or so, the conversation around technology has become one of “something must be done.” Tech was too powerful, it consumed too much of our data and too much of our economic growth. Europe passed GDPR, Congress held ineffectual hearings, Facebook kept screwing up, Google failed to show up…it was all of a piece.

    The conversation evolved into a debate about various remedies, and recently, it’s resolved into a pretty consistent consensus, at least amongst a certain class of tech observers: These companies need to be broken up. Antitrust, many now claim, is the best remedy for the market dominance these companies have amassed.

    It’s a seductive response, with seductive historical precedent. In the 1970s and 80s, antitrust broke up AT&T, ultimately paving the way for the Internet to flourish. In the 90s, antitrust provided the framework for the government’s case against Microsoft, opening the door for new companies like Google and Facebook to dominate the next version of the Internet. Why wouldn’t antitrust regulation usher in #Internet3? Imagine a world where YouTube, Instagram, and Amazon Web Services are all separate companies. Would not that world be better?

    Perhaps. I’m not well read enough in antitrust law to argue one way or the other, but I know that antitrust turns on the idea of consumer harm (usually measured in terms of price), and there’s a strong argument to be made that a free service like Google or Facebook can’t possibly cause consumer harm. Then again, there are many who argue that data is in fact currency, and The Four have essentially monopolized a class of that currency.

    But even as I stare at the antitrust remedy, another solution keeps poking at me, one that on its face seems quite elegant and rather unexplored.

    The idea is simply this: Require all companies who’ve reached a certain scale to build machine-readable data portability into their platforms. The right to data portability is explicit in the EU’s newly enacted GDPR framework, but so far the impact has been slight: There’s enough wiggle room in the verbiage to hamper technical implementation and scope. Plus, let’s be honest: Europe has never really been a hotbed of open innovation in the first place.

    But what if we had a similar statute here? And I don’t mean all of GDPR – that’s certainly a non starter. But that one rule, that one requirement: That every data service at scale had to stand up an API that allowed consumers to access their co-created data, download a copy of it (which I am calling a token), and make that copy available to any service they deemed worthy?

    Imagine what might come of that in the United States?

    I’m not a policy expert, and the devil’s always in the details. So let me be clear in what I mean when I say “machine-readable data portability”: The right to take, via an API, what is essentially a “token” containing all (or a portion of) the data you’ve co created in one service, and offer it, with various protections, permission, and revocability, to another service. In my Senate testimony, I gave the example of a token that has all your Amazon purchases, which you then give to Walmart so it can do a historical price comparison and tell you how much money you would save if you shopped at its online service. Walmart would have a powerful incentive to get consumers to create and share that token – the most difficult problem in nearly all of business is getting a customer to switch to a similar service. That would be quite a valuable token, I’d wager*.

    Should be simple to do, no? I mean, don’t we at least co-own the information about what we bought at Amazon?

    Well, no. Not really. Between confusing terms of service, hard to find dashboards, and confounding data reporting standards, The Four can both claim we “own our own data” while at the same time ensuring there’ll never be a true market for the information they have about us.

    So yes, my idea is easily dismissed. The initial response I’ve had to it is always some variation of: “There’s no way The Four would let this happen.” That’s exactly the kind of biases I refer to above – we assume that The Four control the dialog, that they either will thwart this idea through intensive lobbying, clever terms of service, and soft power, or that the idea is practically impossible because of technical or market limitations. To that I ask….Why?

    Why is it impossible for me to tokenize all of my Lyft ride data, and give for free it to an academic project that is mapping the impact of ride sharing on congestion in major cities? Why is it impossible for a small business owner to create an RFP for all OpenTable, Resy, and other dining data, so she can determine the best kind of restaurant to open in her neighborhood? I’m pretty certain she’d pay a few bucks a head for that kind of data – so why can’t I sell that information to her (with a vig back to OpenTable and Resy) if the value exchange is there to be monetized? Why can’t I tokenize and sell my Twitter interactions to a brand (or more likely, an agency or research company) interested in understanding the mind of a father who lives in Manhattan? Why can’t I tokenize and trade my Spotify history for better recommendations on live shows to see, or movies to watch, or books to read? Or, simply give it to a free service that’s sprung up to give me suggestions about new music to check out?

    Why can’t an ecosystem of agents, startups, and data brokers emerge, a new industry of information processing not seen since the rise of search optimization in the early aughts, leveraging and arbitraging consumer information to create entirely new kinds of businesses driven by insights currently buried in today’s data monopolies?

    Such a world would be fascinating, exciting, sometimes sketchy, and a hell of a lot of fun. It’d be driven by the individual choices of millions of consumers – choosing which agents to trust, which tokens to create, which trades felt fair. There’s be fails, there’d be fraud, there’d be bad actors. But over time, the good would win over the bad, because the decision making is distributed across the entire population of Internet users. In short, we’d push the decision making to the node – to us. Sure, we’d do stupid things. And sure, the hucksters and the hustlers would make short term killings. But I’ll take an open system like this over a closed one any day of the week, especially if the open system is governed by an architecture empowering the individual to make their own decisions.

    It’s be a lot like the Internet was once imagined to be.

    I’ve been noodling on such an ecosystem, and I’m convinced it could dwarf our current Internet in terms of overall value created (and credit where credit is due, The Four have created a lot of value). It’d run laps around The Four when it comes to innovation – tens of thousands of new companies would form, all of them feeding off the newly liberated oxygen of high quality, structured, machine readable data. Trusted independent platforms for value exchange would arise. Independent third party agents would munge tokens from competing services, verifying claims and earning the trust of consumers (will Walmart really save you a thousand bucks a year?! We can prove it, or not!). Huge platforms would develop for the processing, securitization, permissioning, and validation of our data. Man, it’d feel like…well, like the recumbent, boring old Internet was finally exciting again.

    There’s no technical reason why this world doesn’t exist. The progenitors of the Web have already imagined it, heck, Tim Berners Lee recently announced he’s working pretty much full time on creating a system devoted to the foundational elements needed for it to blossom.

    But until we as a society write machine-readable data portability into law, such efforts will be relegated to interesting side shows. And more likely than not, we’ll spend the next few years arguing about breaking up The Four, and let’s be honest, that’s an argument The Four want us to have, because they’re going to win it (more money, better lawyers, etc. etc.). Instead, we should  just require them – and all other data services of scale – to free the data they’ve so far managed to imprison. One simple new law could change all of that. Shouldn’t we consider it?

    *In another post, I’ll explore this example in detail. It’s really, really fascinating. 

     
  • feedwordpress 14:20:27 on 2018/10/17 Permalink
    Tags: , , , , regulation,   

    Facebook Can’t Fix This. 

    The last 24 hours have not been kind to Facebook’s already bruised image. Above are four headlines, all of which clogged my inbox as I cleared email after a day full of meetings.

    Let’s review: Any number of Facebook’s core customers – advertisers – are feeling duped and cheated (and have felt this way for years). A respected reporter who was told by Facebook executives that the company would not use data collected by its new Portal product, is now accusing the company of misrepresenting the truth  (others would call that lying, but the word lost its meaning this year). The executive formerly in charge of Facebook’s security is…on an apology tour, convinced the place he worked for has damaged our society (and he’s got a lot ofcompany).

    In other news, Facebook has now taken responsibility for protecting the sanctity of our elections, by, among other things, banning “false information about voting requirements and fact-check[ing] fake reports of violence or long lines at polling stations.”

    Yep, a company that, in its core business, is currently charged with evasion, misstatements, and putting growth above civic duty is somehow still solely responsible for fixing the problems it’s created in our civil discourse and attendant democracy.

    Does this feel off to anyone else?

    We’ve had nearly two years of congressional hearings, nearly two years of testimony and apologies and “we must do better-isms.” While the company must be commended for actually making several things better (the ad transparency platform, for example), the fact that we continue to believe that the appropriate remedy for what ails us is to let the fox fix the holes in our chicken coop is downright….baffling.

    I guess this is what you get when the folks in power are happy with the results of our elections.

    But here’s my prediction, and it won’t take long for me to be proven right or wrong: Should the Democrats take control of the House, things are going to change. Quickly. Sure, with only the House, the Democrats can’t actually force any new regulation, nor can they command any cabinet level policy shifts.

    But as Trump well knows (and fears), a subpoena is a powerful thing.

    Now, if the Democrats don’t win the House, well, that’s another column.

    (cross posted from NewCo Shift)

     
  • feedwordpress 14:20:01 on 2018/08/27 Permalink
    Tags: , , , , , , , regulation   

    The Accountable Capitalism Act: It’ll Never Happen, But At Least Now the Conversation Will 

    The past week or so has seen a surge in commentary on the role of corporations in society, a theme familiar to readers of this site. While it might be convenient to peg the trend to Senator Elizabeth Warren’s newly minted Accountable Capitalism Act (more on that in a second), I think it’s more likely that – finally – our collective will is turning to our most logical and obvious instrument of social change, namely, the instrument of business.

    We humans like to organize ourselves into social units. They range from the informal (pickup basketball games) to the elaborately structured (Senate hearings). Our ability to harness collective will is unsurpassed in the animal kingdom, it’s one of our key evolutionary adaptations, driving the success of our species across the globe.

    As I’ve argued elsewhere, one of our most sophisticated social structures is the corporation, which has co-evolved with our various systems of government over the past half millennium or so. The very first corporations were in fact formed (or chartered) by governments – the Dutch East India Company is the most common example of this. In the past century, however, corporations have largely sought to shake the yoke of government regulation – and nowhere have corporations won more freedoms than in the United States, where firms are now considered legal persons with an unrestrained right to “free speech” (IE, the ability to fund political positions).

    So this is where we are today: Large corporations have the legal right to exercise unlimited influence over our political sphere, and the commercial imperative to control (and profit from) nearly all our society’s data. That kind of power will necessarily produce a backlash, on that’s found an articulate, but highly unlikely, argument in Senator Warren’s proposed legislation. From the release announcing the Accountable Capitalism Act:

    For most of our country’s history, American corporations balanced their responsibilities to all of their stakeholders – employees, shareholders, communities – in corporate decisions. It worked: profits went up, productivity went up, wages went up, and America built a thriving middle class.

    But in the 1980s a new idea quickly took hold: American corporations should focus only on maximizing returns to their shareholders. That had a seismic impact on the American economy. In the early 1980s, America’s biggest companies dedicated less than half of their profits to shareholders and reinvested the rest in the company. But over the last decade, big American companies have dedicated 93% of earnings to shareholders – redirecting trillions of dollars that could have gone to workers or long-term investments. The result is that booming corporate profits and rising worker productivity have not led to rising wages.

    Additionally, because the wealthiest top 10% of American households own 84% of all American – held shares-while more than 50% of American households own no stock at all – the dedication to “maximizing shareholder value” means that the multi-trillion dollar American corporate system is focused explicitly on making the richest Americans even richer. 

    Here are a few of the act’s key proposals:

    • Companies with more than $1 billion in revenues must register with, and agree to be regulated by, a new Federal oversight body known as the Office of United States Corporations.  By registering, firms are obliged to “consider the interests of all corporate stakeholders – including employees, customers, shareholders, and the communities in which the company operates.” This enshrines what is often called a “multi-stakeholder philosophy,” the underpinning of B Corps like Patagonia and Kickstarter, into federal law.
    • A corporations’ workers would be empowered to elect at least forty percent of their firms’ board of directors.
    • Long term restrictions on the sale of stock by board directors and corporate officers – three years for stock buy backs, and five years for everything else. This is to insure that a large firms’ managers plan for the long term.
    • A prohibition on political spending of any kind without approval from 75 percent of both directors and shareholders.

    There’s more, but I think you’ve got the point – this is a sweeping and presently impossible piece of legislation that radically rethinks the governance of our most powerful corporations. It guts corporate political spending, upends business’s current compensation structure (often based on stock grants), radically reshapes board governance (giving a near majority control to workers), and creates a massive conservative bogeyman in the form of yet another Federal government oversight entity. In today’s political environment, Warren’s legislation is DOA.

    But in tomorrow’s? Quite possibly not. Senator Warren is widely considered a front-runner for the Democratic nomination in 2020, and her initial opponent won’t be Trump – it’ll be Bernie Sanders, whose supporters likely will find plenty to love in Warren’s new plan.

    Regardless of whether the act has any chance of passing without a strong Democratic majority in both houses of Congress, Warren has smartly identified a central issue in our country’s political conversation, and declared it to be fundamental to the Democrats’ platform for 2020. It’s about time someone did.

    More recent reading on the role of capitalism in our society: 

    Louis Hyman: It’s Not Technology That’s Disrupting Our Jobs

    L.M. Sacasas: Technopoly and Anti-Humanism

    Tom Wheeler: Time to Fix It: Developing Rules for Internet Capitalism

    Neil Irwin: Are Superstar Firms and Amazon Effects Reshaping the Economy? 

     

     

     

     
  • feedwordpress 22:31:56 on 2016/02/03 Permalink
    Tags: , , , , , regulation, traffic, , waze   

    The Waze Effect: Flocking, AI, and Private Regulatory Capture 

    The post The Waze Effect: Flocking, AI, and Private Regulatory Capture appeared first on John Battelle's Search Blog.

    Screenshot_2015-04-20-18-03-49-1_resized-738987(image)

    A couple of weeks ago my wife and I were heading across the San Rafael bridge to downtown Oakland for a show at the Fox Theatre. As all Bay area drivers know, there’s a historically awful stretch of Interstate 80 along that route – a permanent traffic sh*t show. I considered taking San Pablo road, a major thoroughfare which parallels the freeway. But my wife fired up Waze instead, and we proceeded to follow an intricate set of instructions which took us onto frontage roads, side streets, and counter-intuitive detours. Despite our shared unease (unfamiliar streets through some blighted neighborhoods), we trusted the Waze algorithms – and we weren’t alone. In fact, a continuous stream of automobiles snaked along the very same improbable route – and inside the cars ahead and behind me, I saw glowing blue screens delivering similar instructions to the drivers within.

    About a year or so ago I started regularly using the Waze app  – which is to say, I started using it on familiar routes: to and from work, going to the ballpark, maneuvering across San Francisco for a meeting. Prior to that I only used the navigation app as an occasional replacement for Google Maps –  when I wasn’t sure how to get from point A to point B.

    Of course, Waze is a revelation for the uninitiated. It essentially turns your car into an autonomous vehicle, with you as a simple robot executing the commands of an extraordinarily sophisticated and crowd-sourced AI.

    But as I’m sure you’ve noticed if you’re a regular “Wazer,” the app is driving a tangible “flocking” behavior in a significant percentage of drivers on the road. In essence, Waze has built a real time layer of data and commands over our current traffic infrastructure. This new layer is owned and operated by a for-profit company (Google, which owns Waze), its algorithms necessarily protected as intellectual property. And because it’s so much better than what we had before, nearly everyone is thrilled with the deal (there are some upset homeowners tired of those new traffic flows, for instance).

    Since the rise of the automobile, we’ve managed traffic flows through a public commons – a slow moving but accountable ecosystem of local and national ordinances (speed limits, stop signs, traffic lights, etc) that were more or less consistent across all publicly owned road ways.

    Information-first tech platforms like Waze, Uber, and Airbnb are delivering innovative solutions to real world problems that were simply impossible for governments to address (or even imagine). At what point will Waze or something like it integrate with the traffic grid, and start to control the lights?

    I’ve written before about how we’re slowly replacing our public commons with corporate, for-profit solutions – but I sense a quickening afoot. There’s an inevitable collision between the public’s right to know, and a corporation’s need for profit (predicated on establishing competitive moats and protecting core intellectual property).  How exactly do these algorithms choose how best to guide us around? Is it fair to route traffic past people’s homes and/or away from roadside businesses? Should we just throw up our hands and “trust the tech?”

    We’ve already been practicing solutions to these questions, first with the Web, then with Google search and the Facebook Newsfeed, and now with Waze. But absent a more robust dialog addressing these issues, we run a real risk of creating a new kind of regulatory capture – not in the classic sense, where corrupt public officials preference one company over another, but rather a more private kind, where a for-profit corporation literally becomes the regulatory framework itself – not through malicious intent or greed, but simply by offering a better way.

    The post The Waze Effect: Flocking, AI, and Private Regulatory Capture appeared first on John Battelle's Search Blog.

     
  • feedwordpress 16:59:35 on 2014/06/16 Permalink
    Tags: , , , , , IAB, regulation, tony fadell   

    Else 6.16.14: Internet Ads Grow, Apple Ads Blow 

    The post Else 6.16.14: Internet Ads Grow, Apple Ads Blow appeared first on John Battelle's Search Blog.

    IAB 6.14

    Up and to the right, baby.

    Lots of advertising news in this issue of Signal, as the bi-annual IAB report shows strong gains (YAY, Internet!). To the links:

    Internet Ads Surge 19% in Just One Year – WSJ That’s strong growth for an industry working on its 21st year. (IAB report)

    The Three Phases Of Mobile Advertising – BubbaVC Sometimes the best posts are really simple.

    For Apple, Marketing Is a Whole New Game – Advertising Age Apple once commanded unequalled respect from the ad world. Not any longer. Typically, the piece forgets that it all comes down to product….

    Only Apple – Daring Fireball – Regardless of how the company markets itself, if you don’t read John Gruber on all things Apple, you’re not getting the full scoop. Of course, he’s in the tank, but he’s smart nevertheless on the heels on WWDC, a must read.

    We need to regulate emotion-detecting technology  - Slate Oh shit, now tech can read our emotions – time to get ahead of it, this Slate piece argues. Not sure we know how to, I might retort.

    The Promise of a New Internet – The Atlantic Maybe it doesn’t have to all come down to a place controlled by the NSA, Facebook, and Apple. Maybe mesh networking can save the core values of the Internet after all?

    Facebook to Let Users Alter Their Ad Profiles – NYTimes.com I chose this version of the story because it’s such an amazing win for Facebook from a spin point of view. Other headlines: Facebook to Use Web Browsing History For Ad Targeting and Facebook’s New Ads Are Nosier Than Ever. Get my point?!

    Is Tony Fadell the next Steve Jobs or … the next Larry Page? – Fortune Or are we simply building him up because it makes a good headline? Seriously, Fadell is a talented executive, and this is a good profile of a key guy in the tech scene.

    Window into Airbnb’s hidden impact on S.F. – San Francisco Chronicle Look what a little data-driven journalism yields – insights into how Airbnb is changing the SF landscape.

    The post Else 6.16.14: Internet Ads Grow, Apple Ads Blow appeared first on John Battelle's Search Blog.

     
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