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Just in case you feel safe with Twitter

twitter bird with crosshairs

Just got a press release by email from David Rosen (@firstpersonpol) of the Public Citizen press office. The headline says “Historic Grindr Fine Shows Need for FTC Enforcement Action.” The same release is also a post in the news section of the Public Citizen website. This is it:

WASHINGTON, D.C. – The Norwegian Data Protection Agency today fined Grindr $11.7 million following a Jan. 2020 report that the dating app systematically violates users’ privacy. Public Citizen asked the Federal Trade Commission (FTC) and state attorneys general to investigate Grindr and other popular dating apps, but the agency has yet to take action. Burcu Kilic, digital rights program director for Public Citizen, released the following statement:

“Fining Grindr for systematic privacy violations is a historic decision under Europe’s GDPR (General Data Protection Regulation), and a strong signal to the AdTech ecosystem that business-as-usual is over. The question now is when the FTC will take similar action and bring U.S. regulatory enforcement in line with those in the rest of the world.

“Every day, millions of Americans share their most intimate personal details on apps like Grindr, upload personal photos, and reveal their sexual and religious identities. But these apps and online services spy on people, collect vast amounts of personal data and share it with third parties without people’s knowledge. We need to regulate them now, before it’s too late.”

The first link goes to Grindr is fined $11.7 million under European privacy law, by Natasha Singer (@NatashaNYT) and Aaron Krolik. (This @AaronKrolik? If so, hi. If not, sorry. This is a blog. I can edit it.) The second link goes to a Public Citizen post titled Popular Dating, Health Apps Violate Privacy

In the emailed press release, the text is the same, but the links are not. The first is this:

https://default.salsalabs.org/T72ca980d-0c9b-45da-88fb-d8c1cf8716ac/25218e76-a235-4500-bc2b-d0f337c722d4

The second is this:

https://default.salsalabs.org/Tc66c3800-58c1-4083-bdd1-8e730c1c4221/25218e76-a235-4500-bc2b-d0f337c722d4

Why are they not simple and direct URLs? And who is salsalabs.org?

You won’t find anything at that link, or by running a whois on it. But I do see there is a salsalabs.com, which has  “SmartEngagement Technology” that “combines CRM and nonprofit engagement software with embedded best practices, machine learning, and world-class education and support.” since Public Citizen is a nonprofit, I suppose it’s getting some “smart engagement” of some kind with these links. PrivacyBadger tells me Salsalabs.com has 14 potential trackers, including static.ads.twitter.com.

My point here is that we, as clickers on those links, have at best a suspicion about what’s going on: perhaps that the link is being used to tell Public Citizen that we’ve clicked on the link… and likely also to help target us with messages of some sort. But we really don’t know.

And, speaking of not knowing, Natasha and Aaron’s New York Times story begins with this:

The Norwegian Data Protection Authority said on Monday that it would fine Grindr, the world’s most popular gay dating app, 100 million Norwegian kroner, or about $11.7 million, for illegally disclosing private details about its users to advertising companies.

The agency said the app had transmitted users’ precise locations, user-tracking codes and the app’s name to at least five advertising companies, essentially tagging individuals as L.G.B.T.Q. without obtaining their explicit consent, in violation of European data protection law. Grindr shared users’ private details with, among other companies, MoPub, Twitter’s mobile advertising platform, which may in turn share data with more than 100 partners, according to the agency’s ruling.

Before this, I had never heard of MoPub. In fact, I had always assumed that Twitter’s privacy policy either limited or forbid the company from leaking out personal information to advertisers or other entities. Here’s how its Private Information Policy Overview begins:

You may not publish or post other people’s private information without their express authorization and permission. We also prohibit threatening to expose private information or incentivizing others to do so.

Sharing someone’s private information online without their permission, sometimes called doxxing, is a breach of their privacy and of the Twitter Rules. Sharing private information can pose serious safety and security risks for those affected and can lead to physical, emotional, and financial hardship.

On the MoPub site, however, it says this:

MoPub, a Twitter company, provides monetization solutions for mobile app publishers and developers around the globe.

Our flexible network mediation solution, leading mobile programmatic exchange, and years of expertise in mobile app advertising mean publishers trust us to help them maximize their ad revenue and control their user experience.

The Norwegian DPA apparently finds a conflict between the former and the latter—or at least in the way the latter was used by Grinder (since they didn’t fine Twitter).

To be fair, Grindr and Twitter may not agree with the Norwegian DPA. Regardless of their opinion, however, by this point in history we should have no faith that any company will protect our privacy online. Violating personal privacy is just too easy to do, to rationalize, and to make money at.

To start truly facing this problem, we need start with a simple fact: If your privacy is in the hands of others alone, you don’t have any. Getting promises from others not to stare at your naked self isn’t the same as clothing. Getting promises not to walk into your house or look in your windows is not the same as having locks and curtains.

In the absence of personal clothing and shelter online, or working ways to signal intentions about one’s privacy, the hands of others alone is all we’ve got. And it doesn’t work. Nor do privacy laws, especially when enforcement is still so rare and scattered.

Really, to potential violators like Grindr and Twitter/MoPub, enforcement actions like this one by the Norwegian DPA are at most a little discouraging. The effect on our experience of exposure is still nil. We are exposed everywhere, all the time, and we know it. At best we just hope nothing bad happens.

The only way to fix this problem is with the digital equivalent of clothing, locks, curtains, ways to signal what’s okay and what’s not—and to get firm agreements from others about how our privacy will be respected.

At Customer Commons, we’re starting with signaling, specifically with first party terms that you and I can proffer and sites and services can accept.

The first is called P2B1, aka #NoStalking. It says “Just give me ads not based on tracking me.” It’s a term any browser (or other tool) can proffer and any site or service can accept—and any privacy-respecting website or service should welcome.

Making this kind of agreement work is also being addressed by IEEE7012, a working group on machine-readable personal privacy terms.

Now we’re looking for sites and services willing to accept those terms. How about it, Twitter, New York Times, Grindr and Public Citizen? Or anybody.

DM us at @CustomerCommons and we’ll get going on it.

 

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Solving Subscriptions


Count the number of companies you pay regularly for anything. Add up what you pay for all of them. Then think about the time you spend trying and failing to “manage” any of it—especially when most or all of the management tools are separately held by every outfit’s subscription system, all for their convenience rather than yours. And then think about how in most cases you also need to swim upstream against a tide of promotional BS and manipulation.

There is an industry on the corporate side of this, and won’t fix itself. That would be like asking AOL, Compuserve and Prodigy to fix the online service business in 1994. (For those not familiar with the reference, those companies were incompatible competing commercial forerunners of the Internet, which obsolesced all of them.)

There’s also not much help coming from the subscription management services we have on our side: Truebill, Bobby, Money Dashboard, Mint, Subscript Me, BillTracker Pro, Trim, Subby, Card Due, Sift, SubMan, and Subscript Me. Nor from the subscription management systems offered by  Paypal, Amazon, Apple or Google (e.g. with  Google Sheets and Google Doc templates). All of them are too narrow, too closed and exclusive, too exposed to the surveillance imperatives of corporate giants, and too vested in the status quo.

That status quo sucks (see here, or just look up subscription hell), and it’s way past time to unscrew it.) But how?

The better question is where?

The answer to that is on our side: the customer’s side.

That’s because subscriptions are in a class of problems that can only be solved from the customers’ side. They can’t be solved from the companies’ side because they’ll all do it differently. Also, most of them will want to hold you captive. Like Compuserve, AOL and Prodigy did with online services before the Internet solved the problem by obsolescing them.

We need to do the same here. Fortunately, by making subscribing (and changing subscriptions, and canceling them) as easy and normalized as possible, companies living on subscriptions will do a better job of making their goods competitive.

Now to how.

The short answer is with open standards, code and protocols. The longer answer is to start with a punch list of requirements, based on what we, as customers, need most. So, we should—

  • Be able to see all our subscriptions, what they cost, and when they start and end
  • Be able to cancel or renew, manually or automatically, in the simplest possible ways
  • Get the best possible prices
  • Be able to keep records of subscriptions and histories
  • Show our actual (rather than coerced) loyalty
  • Be able to provide constructive help, as loyal and experienced customers
  • Join in collectives—commons—of other customers to start normalizing the way subscriptions should be offered on the corporate side and managed on the personal side

Meanwhile, it’s important to also consider where customers stand in the tug-of-war between subscription and á la carte options in both pricing and payment. Because á la carte is what customers would prefer in cases where use is occasional rather than constant.

Years ago at ProjectVRM we came up with an idea for this called EmanciPay. Dave Winer imagines that as a business he calls An EZ-Pass for news:

Not micropayments. Tolls instead of paywalls. 
If I don’t have an E-Z Pass, no access. If I do, it’s seamless.
Suppose one month I spend $84 to read stories on The Atlantic. They can make me an offer to subscribe. Look dude, you’re wasting money. Let us help you.
That’s a lot nicer than — hey asshole you can’t read this article unless you subscribe.

That third point is especially important: that you may make more money from simplified á la carte payments (based on actual use) than from subscriptions, especially if your goods are valuable but not of a kind that a customer would prefer to deal with as a subscription.

So there are really two goals here. One is to fix how subscriptions work for everybody. The other is to make it as easy as possible to pay for á la carte usage or consumption.


The modified image above is a Doctor Who TARDIS console, photographed by Chris Sampson, offered under a Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0) license, published here, and obtained via Wikimedia Commons, here. We thank Chris for making it available.

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The business problems only customers can solve

Customer Commons was created because there are many business and market problems that can only be solved from the customers’ side, under the customer’s control, and at scale, with #customertech.

In the absence of solutions that customers control, both customers and businesses are forced to use business-side-only solutions that limit customer power to what can be done within each business’s silo, or to await regulatory help, usually crafted by captive regulators who can’t even imagine full customer agency.

Here are some examples of vast dysfunctions that customers face today (and which hurt business and markets as well), in the absence of personal agency and scale:

  • Needing to “consent” to terms that can run more than 10,000 words long, and are different for every website and service provider
  • Dealing with privacy policies that can also run more than 10,000 words long, which are different for every website and service provider, and that the site or service can change whenever they want, and in practice don’t even need to obey
  • Dealing with personal identity systems that are different for every website or service provider
  • Dealing with subscription systems that are different for every website and service provider requiring them
  • Dealing with customer service and tech support systems that are different for every website or service provider
  • Dealing with login and password requirements that are as different, and numerous, as there are websites and service providers
  • Dealing with crippled services and/or higher prices for customers who aren’t “members” of a “loyalty” program, which involves high cognitive and operational overhead for customer and seller alike—and (again) work differently for every website and service provider
  • Dealing with an “Internet of Things” that’s really just an Amazon of things, an Apple of Things, and a Google of things.

And here are some examples of solutions customers can bring to business and markets:

  • Standardized terms that customers can proffer as first parties, and all the world’s sites and services can agree to, in ways where both parties have records of agreements
  • Privacy policies of customers’ own, which are easy for every website and service provider to see and respect 
  • Self-sovereign methods for customers to present only the identity credentials required to do business, relieving many websites and service providers of the need to maintain their own separate databases of personal identity data
  • Standard ways to initiate, change and terminate customers’ subscriptions—and to keep records of those subscriptions—greatly simplifying the way subscriptions are done, across all websites and service providers
  • Standard ways for customers to call for and engage customer service and tech support systems that work the same way across all of them
  • Standard ways for customers to relate, without logins and passwords, and to do that with every website and service provider
  • Standard ways to express loyalty that will work across every website, retailer and service provider
  • Standard ways for customers to “intentcast” an interest in buying, securely and safely, at scale, across whole categories of products and services
  • Standard ways for customers’ belongings to operate, safely and securely, in a true Internet of Things
  • Standardized dashboards on which customers can see their own commercially valuable data, control how it is used, and see who has shared it, how, and under what permissions, across all the entities the customer deals with

There are already many solutions in the works for most of the above. Our work at Customer Commons is to help all of those—and many more—come into the world.

 

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Going #Faceless

Facial recognition by entities other than people and their pets has gotten out of control.

Thanks to ubiquitous surveillance systems, including the ones in our own phones, we can no longer assume we are anonymous in public places or private in private ones. This became especially clear a few weeks ago when Kashmir Hill (@kashhill) reported in the New York Times that a company called Clearview.ai “invented a tool that could end your ability to walk down the street anonymously, and provided it to hundreds of law enforcement agencies, ranging from local cops in Florida to the F.B.I. and the Department of Homeland Security.”

If your face has ever appeared anywhere online, it’s a sure bet to assume that you are not faceless to any of those systems. Clearview, Kashmir says, has “a database of more than three billion images” from “Facebook, YouTube, Venmo and millions of other websites ” and “goes far beyond anything ever constructed by the United States government or Silicon Valley giants.”

Among law enforcement communities, only New Jersey’s has started to back off on using Clearview.

And Clearview is just one company. Laws will also take years to catch up with developments in facial recognition, or to get ahead of them, if they ever can. And let’s face it: government interests are highly conflicted here. Intelligence and law enforcement agencies’ need to know all they can is at extreme odds with our need, as human beings, to assume we enjoy at least some freedom from being known by God-knows-what, everywhere we go.

Personal privacy is the heart of civilized life, and beats strongest in democratic societies. It’s not up for “debate” between companies and governments, or political factions. Loss of privacy is a problem that affects each of us, and requires action by each of us as well.

A generation ago, when the Internet was still new to us, four guys (I was one of them) nailed a document called The Cluetrain Manifesto to a door on the Web. 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.

Since then their grasp has exceeded our reach. And now they’ve gone too far, grabbing even our faces, everywhere we go.

Enough.

Now it’s time for our reach to exceed their grasp.

Now it’s time, finally, to make them  deal with it.

We need to do that as individuals, and as a society.

Here’s a three-part plan for that.

First, use image above, or one like it, as a your personal avatar, including your Facebook, Twitter or Whatever profile picture. Here’s one that’s favicon size:

 

Second, sign the Get Out Of My Face (#GOOMF) petition, here.  (With enough of us on it, this will work.)

Here at Customer Commons, we have some good ideas, but there are certainly others among the billions of us whose privacy is at stake.

We should discuss this, using the hashtag #faceless. Do that wherever you like.

Here’s a rule to guide both discussion and development:

No complaining. No blaming.

That stuff goes nowhere and wastes energy. Instead we need useful and constructive ideas toward what we can do—each of us, alone and together—to secure, protect and signal our privacy needs and intentions in the world, in ways others can recognize and respect.

We have those in the natural world. We don’t yet in the digital one. So let’s invent them.

 

 

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Why we’re not endorsing Contract for the Web

Contract for the Web—not signing

The Contract for the Web is a new thing that wants people to endorse it.

While there is much to like in it, what we see under Principle 5 (of 9) is a deal-breaker:

Respect and protect people’s privacy and personal data to build online trust.
So people are in control of their lives online, empowered with clear and meaningful choices around their data and privacy:

  1. By giving people control over their privacy and data rights, with clear and meaningful choices to control processes involving their privacy and data, including:
  2. Providing clear explanations of processes affecting users’ data and privacy and their purpose.
  3. Providing control panels where users can manage their data and privacy options in a quick and easily accessible place for each user account.
  4. Providing personal data portability, through machine-readable and reusable formats, and interoperable standards — affecting personal data provided by the user, either directly or collected through observing the users’ interaction with the service or device.

Note which party is “giving” and “providing” here. It’s not the individual.

By this principle, individuals should have no more control over their lives online than what website operators and governments “give” or “provide” them, with as many “control panels” as there are websites and “user accounts.” This is the hell we are in now, which metaphorically iworks like this:

It also leaves unaddressed two simple needs we have each had since the Web came into our lives late in the last millennium:

  1. Our own damn controls, that work globally, at scale, across all the websites of the world; and
  2. Our own damn terms and conditions that websites can agree to.

At Customer Commons we encourage #1 (as has ProjectVRM, since 2006), and are working on #2.

If you want to read the thinking behind this position, a good place to start is the Privacy Manifesto draft at ProjectVRM, which is open to steady improvement. (A slightly older but more readable copy is here at Medium.)

We also recommend Klint Finley‘s What’s a Digital Bill of Rights Without Enforcement? in Wired. He makes the essential point in the title. It’s one I also made in Without Enforcement, GDPR is a Fail, in July 2018.

A key point here is that companies and governments are not the only players. As we say in Customers as a Third Force, each of us—individually and collectively—can and should be players too.

We’ll reach out to Tim Berners-Lee and others involved in drafting this “contract” to encourage full respect for the independent agency of individuals.

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Customers as a Third Force

Almost all arguments in economics are advanced by two almost opposed positions, each walled into the castles of their ideologies, both insisting that their side has the solutions and the other side causes the problems—while meanwhile between the two flows a river of customers who, if they could be heard, and could participate with more than their cash, would have solutions of their own.

Customer Commons’s job is giving those customers full agency for dealing with both the businesses and governments of the world, and in the process proving that free customers are more valuable—to themselves and the businesses of the world—than captive (or tracked) ones.

It’s a long fight, dating back to the personal agency we lost when industry won the industrial revolution. And it’s one we continue to lose, in many ways, through these early decades of the digital revolution.

If it weren’t losing, we wouldn’t have books such as Shoshana Zuboff‘s In the Age of Surveillance Capitalism, Brett Frischmann and Evan Sellinger‘s Re-Engineering Humanity, Jaron Lanier,’s You are Not a Gadget (and pretty much everything else he’s written), plus what Nicholas Carr, David Weinberger, and many others have been saying for years.

The problem with most of what’s been written so far is that it assumes customers will remain victims unless companies or governments (and mostly the latter) rescue them. There is little sense that customers can also bring solutions to the market—ones that are good for every party involved.

One notable exception is Brett and Evan’s book, mentioned above, which closes with a hopeful nod toward some of our work here at Customer Commons:

Doc Searls and his colleagues at Customer Commons have been working for years on standardized terms for customers to use in managing their relationships with websites and other vendors… [his] dream of customers systematically using contract and related tools to manage their relationships with vendors now seems feasible. It could be an important first step toward flipping the scientific-management-of-consumers script we’ve become so accustomed to.”

My own work here started with Linux Journal in 1994, and gained some notoriety with The Cluetrain Manifesto (co-written with David Weinberger, Christopher Locke and Rick Levine) in 1999. Then, after notoriety didn’t seem to be working, I launched ProjectVRM at Harvard’s Berkman Klein Center in 2006, and in 2012spun out Customer Commons, which since then has quietly been developing on the personal data usage terms Brett and Evan mentioned above.

These are terms that each of us can proffer, and which the businesses of the world can agree to—as an alternative to the reverse, which has become a bane of online existence, alas made worse by normalization of insincere and misleading cookie notices on the Web, caused by (what we regard as a misreading of) the GDPR: a sad example of policy failing to fix a market problem. (So far. In another post we’ll visit ways the GDPR and California’s CCPA might actually help.)

The term third force has multiple uses already, the most common of which seem especially relevant our work here:

  •  “A group of people or nations that mediates between two opposed groups…” —  Free Dictionary
  • (A humanistic psychology that) focuses on inner needs, happiness, fulfillment, the search for identity, and other distinctly human concerns. Psychology: An Introduction, by Russell A. Dewey, PhD

Since customers and citizens are opposed to neither business nor government, but constantly look for positive outcomes in their dealings and relationships with both, third force works.

— Doc Searls

 

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Change of Address (√)

Way back in 2006 or so, in the first Project VRM meetings, our canonical use case was ‘change of address’; that is to say, we wanted individuals to have the ability to update their address in one place and have that flow to multiple suppliers.

That seemed easy enough, so we thought at the time; all that’s needed is:

– a data store controlled by the individual

– a user interface

– an API that allowed organisations to connect

We did not note the need at the time, but there probably should have been one around ‘standardised data sharing terms’ so that organisations would not get tied in legal knots signing many different contracts to cover themselves as they would need to do.

So, 12 or so years later, that proved to not be quite so easy….. I think our most flawed assumption was that organisations would see this as a good thing and be willing to get involved.

No matter, the reason for my post is to flag that individual driven change of address can now be done at Internet scale, albeit yes we still need to crack the adoption issue. There are also then a number of downstream use cases, e.g. where the address change must be verified.

Here’s a visual of how change of address works in the JLINC environment; the same principles could apply in other environments. The critical dependency is that both parties (individual and organisation) have their own data-sets that they voluntarily connect to each other.

Beyond the fact that this plumbing now demonstrably works at scale, I think the most interesting thing that has emerged from the JLINC deployment is the Standard Information Sharing Agreement. The requirement here is to have an agreement that works for both parties; here is the initial one built for JLINC. The expectation is that these will evolve over time and likely become life aspect/ sector specific (e.g. Health); but critically they will not mimic the current model where each organisation invents their own. The secondary function that I believe makes this scale is the ability to record every single data exchange that takes place should either or both parties need to refer to that downstream.

So, we can now tick the box around ‘change of address’, at least as working plumbing. The better news still is that the same plumbing and approach works for any type of data, or any data flow (so organisations sending data to Alice too). At least it should not take another 12 years to make that next use case work, which incidentally was ‘Intentcasting’; i.e. an individual being able to articulate what they are in the market for without losing control over that data.

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Privacy is personal. Let’s start there.

The GDPR won’t give us privacy. Nor will ePrivacy or any other regulation. We also won’t get it from the businesses those regulations are aimed at.

Because privacy is personal. If it wasn’t we wouldn’t have invented clothing and shelter, or social norms for signaling to each what’s okay and what’s not okay.

On the Internet we have none of those. We’re still as naked as we were in Eden.

But let’s get some perspective here:  we invented clothing and shelter long before we invented history, and most of us didn’t get online until long after Internet service providers and graphical browsers showed up in 1994.

In these early years, it has been easier and more lucrative for business to exploit our exposed selves than it has been for technology makers to sew (and sell) us the virtual equivalents of animal skins and woven fabrics.

True, we do have the primitive shields called ad blockers and tracking protectors. And, when shields are all you’ve got, they can get mighty popular. That’s why 1.7 billion people on Earth were already blocking ads online by early 2017.† This made ad blocking the largest boycott in human history. (Note: some ad blockers also block tracking, but the most popular ad blocker is in the business of selling passage for tracking to companies whose advertising is found “acceptable” on grounds other than tracking.)

In case you think this happened just because most ads are “intrusive” or poorly targeted, consider the simple fact that ad blocking has been around since 2004, yet didn’t hockey-stick until the advertising business turned into direct response marketing, hellbent on collecting personal data and targeting ads at eyeballs.††

This happened in the late ’00s, with the rise of social media platforms and programmatic “adtech.” Euphemized by its perpetrators as  “interactive,” “interest-based,” “behavioral” and “personalized,” adtech was, simply-put, tracking-based advertising. Or, as I explain at the last link direct response marketing in the guise of advertising.

The first sign that people didn’t like tracking was Do Not Track, an idea hatched by  Chris Soghoian, Sid Stamm, and Dan Kaminsky, and named after the FTC’s popular Do Not Call Registry. Since browsers get copies of Web pages by requesting them (no, we don’t really “visit” those pages—and this distinction is critical), the idea behind Do Not Track was to make to put the request not to be tracked in the header of a browser. (The header is how a browser asks to see a Web page, and then guides the data exchanges that follow.)

Do Not Track was first implemented in 2009 by Sid Stamm, then a privacy engineer at Mozilla, as an option in the company’s Firefox browser. After that, the other major browser makers implemented Do Not Track in different ways at different times, culminating in Mozilla’s decision to block third party cookies in Firefox, starting in February 2013.

Before we get to what happened next, bear in mind that Do Not Track was never anything more than a polite request to have one’s privacy respected. It imposed no requirements on site owners. In other words, it was a social signal asking site owners and their third party partners to respect the simple fact that browsers are personal spaces, and that publishers and advertisers’ rights end at a browser’s front door.

The “interactive” ad industry and its dependents in publishing responded to that brave move by stomping on Mozilla like Gozilla on Bambi:

In this 2014 post  I reported on the specifics how that went down:

Google and Facebook both said in early 2013 that they would simply ignore Do Not Track requests, which killed it right there. But death for Do Not Track was not severe enough for the Interactive Advertising Bureau (IAB), which waged asymmetric PR warfare on Mozilla (the only browser maker not run by an industrial giant with a stake in the advertising business), even running red-herring shit like this on its client publishers websites:

As if Mozilla was out to harm “your small business,” or that any small business actually gave a shit.

And it worked.

In early 2013, Mozilla caved to pressure from the IAB.

Two things followed.

First, soon as it was clear that Do Not Track was a fail, ad blocking took off. You can see that in this Google Trends graph†††, published in Ad Blockers and the Next Chapter of the Internet (5 November 2015 in Harvard Business Review):

Next, ad searches for “how to block ads” rose right in step with searches for retargeting, which is the most obvious evidence that advertising is following you around:

You can see that correlation in this Google Trends graph in Don Marti’s Ad Blocking: Why Now, published by DCN (the online publishers’ trade association) on 9 July 2015:

Measures of how nearly all of us continue to hate tracking were posted by Dr. Johnny Ryan (@johnnyryan) in PageFair last September. In that post, he reports on a PageFair “survey of 300+ publishers, adtech, brands, and various others, on whether users will consent to tracking under the GDPR and the ePrivacy Regulation.” Bear in mind that the people surveyed were industry insiders: people you would expect to exaggerate on behalf of continued tracking.

Here’s one result:

Johnny adds, “Only a very small proportion (3%) believe that the average user will consent to ‘web-wide’ tracking for the purposes of advertising (tracking by any party, anywhere on the web).” And yet the same survey reports “almost a third believe that users will consent if forced to do so by tracking walls,” that deny access to a website unless a visitor agrees to be tracked.”

He goes on to add, “However, almost a third believe that users will consent if forced to do so by ‘tracking walls”, that deny access to a website unless a visitor agrees to be tracked. Tracking walls, however, are prohibited under Article 7 of the GDPR, the rules of which are already formalised and will apply in law from late May 2018.[3] “

Which means that the general plan by the “interactive” advertising business is to put up those walls anyway, on the assumption that people will think they won’t get to a site’s content without consenting to tracking. We can read that in the subtext of IAB Europe‘s Transparency and Consent Framework, a work-in-progress you can follow here on Github., and read unpacked in more detail at AdvertisingConsent.eu.

So, to sum all this up, so far online what we have for privacy are: 1) popular but woefully inadequate ad blocking and tracking protection add-ons in our browsers; 2) a massively interesting regulation called the GDPR…

… and 3) plans by privacy violators to obey the letter of that regulation while continuing to violate its spirit.

So how do we fix this on the personal side? Meaning, what might we have for clothing and shelter, now that regulators and failed regulatory captors are duking it out in media that continue to think all the solutions to our problems will come from technologies and social signals other than our own?

Glad you asked. The answers will come in our next three posts here. We expect those answers to arrive in the world and have real effects—for everyone except those hellbent on tracking us—before the 25 May GDPR deadline for compliance.


† From Beyond ad blocking—the biggest boycott in human history: “According to PageFair’s 2017 Adblock Report, at least 615 million devices now block ads. That’s larger than the human population of North America. According to GlobalWebIndex, 37% of all mobile users, worldwide, were blocking adsby January of last year, and another 42% would like to. With more than 4.6 billion mobile phone usersin the world, that means 1.7 billion people are blocking ads already—a sum exceeding the population of the Western Hemisphere.”

†† It was plain old non-tracking-based advertising that not only only sponsored publishing and other ad-suported media, but burned into people’s heads nearly every brand you can name. After a $trillion or more has been spent chasing eyeballs, not one brand known to the world has been made by it. For lots more on all this, read everything you can by Bob Hoffman (@AdContrarian) and Don Marti (@dmarti).

††† Among the differences between the graph above and the current one—both generated by the same Google Trends search—are readings above zero in the latter for Do Not Track prior to 2007. While there are results in a search for “Do Not Track” in the 2004-2006 time frame, they don’t refer to the browser header approach later branded and popularized as Do Not Track.

Also, in case you’re reading this footnote, the family at the top is my father‘s. He’s the one on the left. The location was Niagara Falls and the year was 1916. Here’s the original. I flipped it horizontally so the caption would look best in the photo.

 

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Latest draft of the No Stalking for Advertising Term V.2

UX and INTERFACE

Revised  DRAFT  of a singular, comprehensive term:

 
Draft Icon for inclusion in MVCR and other uses:

USER TERMS: Human language and {{ legal language }} below.

PREAMBLE:  The User submitted term shown here creates an opportunity for individuals to share their single term with entities about how they wish to be treated. This effort is meant to describe human, legal and machine readable versions of a comprehensive term along with additional information for agents who might implement this term for individuals as well as for entities who might see, accept or refuse the term.  {{ Information is defined as personal information provided by the individual about themselves. Data + Meaning = Information. The observer creates meaning (or observer is “informed by” the data), and then can be assigned duties. Information not collected from a person does not by definition constitute personal data. }}

TERMS AGREEMENT:  {{ Information can only be shared with those parties who first agree to abide by these terms.  Any sharing of information with a party that has not first agreed to these terms is a violation of these terms. }}

SHARE: describes the terms for sharing information with entities by individuals.

Choice: 2nd

1st-2nd Party:   My information shared and what I do will be kept between me and the entity.

{{Information shared by an individual (the “1st party”) and their activities are not permitted to be shared by the 2nd party with any other parties.}}

DURATION: describes the terms for retaining information by entities about individuals. {{ Add language referring to laws or contracts, defining 3rd party jurisdiction, to limit this from abuse. }}

QUESTION: should this be just for the session? or for as long as the person still has a relationship and agrees to sharing?

Choice: Session

Session:  My information shared or about what I do will only be kept for the session, unless required by law or contractual obligation.

{{ Information about an individual must be destroyed by the 2nd party immediately after the completion of the transaction for which it was collected or otherwise generated, unless otherwise required by law or contract obligation. }} [NOTE: What about records for audit?  What about hashed storage, e.g., in blockchain or other ledger system?]

OR ?

Choice: Infinity

Unlimited until further notice:  My information will be kept as long as I continue to choose this term, unless required by law or contractual obligation. If I change to another lesser term, my new term will be followed.

{{ Information about an individual can be retained indefinitely by the 2nd party, unless and until the 1st party notifies the 2nd party they have made an alternate selection for duration. }}

PURPOSE: describes the purpose for use of individual’s information provided or about actions they take

Choice: Site / App Use

Site and App UseMy information will be used for providing and / or enhancing the site or service, but not other purposes without my permission.

{{ Information about an individual may be used beyond the transaction for which it was collected or generated, but only with respect to the operation [or further development?] of the site or app over which such original transaction occurred and not for any other secondary uses by the 2nd party or other parties. }}

TRACKING

Choice: Tracking

Tracking: I will allow myself to be tracked by 3rd parties.

{{ Tracking of individual and their activities by any 3rd parties is authorized. }}

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Time for THEM to agree to OUR terms

Screen Shot 2016-03-25 at 12.12.45 PM

We can do for everybody what Creative Commons does for artists: give them terms they can offer—and be can read and agreed to by lawyers, ordinary folks, and their machines. And then we can watch “free market” come to mean what it says, and not just “your choice of captor.”

Try to guess how many times, in the course of your life in the digital world, have “agreed” to terms like these:

URsoScrewed

Hundreds? Thousands? (Feels like) millions?

Look at the number of login/password combinations remembered by your browser. That’ll be a fraction of the true total.

Now think about what might happen if we could turn these things around. How about if sites and services could agree to our terms and conditions, and our privacy policies?

We’d have real agreements, and real relationships, freely established, between parties of equal power who both have an interest in each other’s success.

We’d have genuine (or at least better) trust, and better signaling of intentions between both parties. We’d have better exchanges of information and better control over what gets done with that information. And the information would be better too, because we wouldn’t have to lie or hide to protect our identities or our data.

We’d finally have the only basis on which the Seven Laws of Identity, issued by Kim Cameron in 2005, would actually work. Check ’em out:

laws

Think about it. None of those work unless individuals are in charge of themselves and their relationships in the digital world. And they can’t as long as only one side is in charge. What we have instead are opposites: limited control and coerced consent, maximum disclosure for unconstrained use, unjustified parties, misdirected identity, silo’d operators and technologies, inhuman integration, and inconsistent experiences across contexts of all kinds. (I’ll add links for all of those later when I have time.)

Can we fix this problem, eleven years after Kim came down from the mountain (well, Canada) with those laws?

No, we can’t. Not without leverage.

The sad fact is that we’ve been at a disadvantage since geeks based the Web on an architecture called “client-server.” I’ve been told that term was chosen because “slave-master” didn’t sound so good. Personally, I prefer calf-cow:

calf-cow

As long as we’re the calves coming to the cows for the milk of “content” (plus unwanted cookies), we’re not equals.

But once we become independent, and can assert enough power to piss off the cows that most want to take advantage of us, the story changes.

Good news: we are independent now, and controlling our own lives online is pissing off the right cows.

We’re gaining that independence through ad and tracking blockers. There are also a lot of us now. And a lot more jumping on the bandwagon.

According to PageFair and Adobe, the number of people running ad blockers alone passed 200 million last May, with annual growth rates of 41% in the world, 48% the U.S. and 82% in the U.K. alone.

Of course the “interactive” ad industry (the one that likes to track you) considers this a problem only they can solve. And, naturally, the disconnect between their urge to track and spam us, and our decision to stop all of it, is being called a “war.”

But it doesn’t have to be.

Out in the offline world, we were never at war with advertising. Sure, there’s too much of it, and a lot of it we don’t like. But we also know we wouldn’t have sports broadcasts (or sports talk radio) without it. We know how much advertising contributes to the value of the magazines and newspapers we read. (Which is worth more: a thick or a thin Vogue, Sports Illustrated, Bride’s or New York Times?) And to some degree we actually value what old fashioned Mad Men type advertising brings to the market’s table.

On the other hand, we have always been at war with the interactive form of advertising we call junk mail. Look up unwanted+mail, click on “images,” and and you’ll get something like this:

unwantedmail

What’s happened online is that the advertising business has turned into the “interactive”  junk message business. Only now you can’t tell the difference between an ad that’s there for everybody and one that’s aimed by crosshairs at your eyeballs.

The difference between real advertising and tracking-based junk messages is the same as that between wheat and chaff.

Today’s ad and tracking blockers are are primitive prophylactics: ways to protect our eyeballs from advertising and tracking. But how about if we turn these into instruments of agreement? We could agree to allow the kind of ads that pay the publisher and aren’t aimed at us by tracking.

Here at Customer Commons we’ve been working on those kinds of terms for the last several years. Helping us have been law school students and teachers, geeks and ordinary folks. Last we publishe a straw man version of those terms, they looked like this:

UserSubmittedTerms1stDraft

What those say (in the green circles) is “You (the second party) alone can use data you get from me, for as long as you want, just for your site or app, and will obey the Do Not Track request from my browser.”

This can be read easily by lawyers, ordinary folks and machines on both sides, just the way the graphic at the top of this post, borrowed from Creative Commons (or model for this), describes.

We’re also not alone.

Joining us in this effort are the Identity Ecosystem Working Group, the Personal Data Ecosystem Consortium, the Consent and Information Sharing Working Group (which is working on a Consent Receipt to give agreements a way to be recorded by both parties), Mozilla and others on the ProjectVRM Development Work list.

Many people from those groups (including Kim Cameron himself) will be at IIW, the Internet Identity Workshop, at the Computer History Museum in Silicon Valley, on the last week of next month, April 26-28. It’s an unconference. No panels, no keynotes, no plenaries. It’s all breakouts, on topics chosen by participants.

The day before, at the same location, will be VRM Day. The main topic there will be terms, and how we plan to get working versions of them in the next three days at IIW.

This is a huge opportunity. I am sure we have enough code, and enough done work on standards and the rest of it, to put up exactly the terms we can offer and publishers online can accept, and will start to end the war (that really isn’t) between publishers and their readers.

Once we have those terms in place, others can follow, opening up to much better signaling between supply and demand, because both sides are equals.

So this is an open invitation to everybody already working in this space, especially browser makers (and not just Mozilla) and the ad and tracking blockers. IIW is a perfect place to show to show what we’ve got, to work together, and to move things forward.

Let’s do it.

 

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