The Only Way Customers Come First

— is by proffering terms of their own.

That’s what will happen when sites and services click “accept” to your terms, rather than the reverse. This then you are what lawyers call the first party. Sites and services that agree to your terms are second parties.

As a first party, you get scale across all the sites and services that agree to your terms, just like today each of those sites and services gets scale across thousand or millions of second-class netizens called “users”:

This the exact reverse of what we’ve had in mass markets ever since industry won the industrial revolution. But we can get that scale now, because we have the Internet, which was designed to support it. (Details here and here.)

And now is the time, for two reasons:

  1. We can make our leadership pay off for sites and services; and
  2. Agreeing with us can make sites and services compliant with tough new privacy laws.

First example:#NoProfiling:

With #NoStalking, we proffer a term that says—

This does a bunch of good things for advertising supported sites:

  1. It relieves them of the need to track us like animals everywhere we go, and harvest personal data we’d rather not give anybody without our permission.
  2. Because of #1, it gives them compliance with the EU’s General Data Protection Regulation (aka GDPR), which will start fining companies “up to 10,000,000 EUR or up to 2% of the annual worldwide turnover of the preceding financial year in case of an enterprise, whichever is greater (Article 83, Paragraph 4),” or “a fine up to 20,000,000 EUR or up to 4% of the annual worldwide turnover of the preceding financial year in case of an enterprise, whichever is greater (Article 83, Paragraph 5 & 6).”
  3. It provides simple and straightforward “brand safety” directly from human beings, rather than relying on an industry granfalloon to do the same.
  4. It lets good publishers sell advertising to brands that want to sponsor journalism rather than chase eyeballs to the cheapest, shittiest sites.
  5. It provides a valuable economic signal from demand to supply in the open marketplace—one that can be enlarged to include other signals, such as our next term…


This is where individuals present themselves to the marketplace as qualified leads, but on their own terms.

#nostalking and #intentcasting are the first terms to be published at Customer Commons. Both have the potential to generate fresh and healthy economic activity, one in publishing and the other in retailing.

Every new first party term  has the potential to reform whole markets for the good of everyone, simply by creating better ways for demand to signal, engage and improve supply. In doing that, first party terms will also make good on the promise of the Internet in the first place. After two decades of failing to do that, it’s about time.

We’ll be working on exactly these terms at VRM Day next Monday, and at IIW for the following three days, all at the Computer History Museum in Silicon Valley. Sign up at those links. Help us change the world.