Tweets Belong To The User….And Words Are Complicated

(image GigaOm) Like many of you, I’ve been fascinated by the ongoing drama around Twitter over the past few months (and I’ve commented on part of it here, if you missed it). But to me, one of the most interesting aspects of Twitter’s evolution has gone mostly unnoticed: its ongoing legal battle with a Manhattan court over the legal status of tweets posted by an Occupy Wall St. protestor.

In this case, the State of New York is arguing that a tweet, once uttered, becomes essentially a public statement, stripped of any protections. The judge in the case concurs: In this Wired coverage, for example, he is quoted as writing “If you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy.”

Twitter disagrees, based on its own Terms of Service, which state “what’s yours is yours – you own your Content.”

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The Victorian Internet – The Technology That Started It All

I’m at least three books behind in my reviews, so I figured I’d bang out a fun one today: The Victorian Internet: The Remarkable Story of the Telegraph and the Nineteenth Century’s On-line Pioneers by Tom Standage. This 1998 book is now a classic – written as the Web was exploding on the scene, it reminded us that this movie has run before, 150 years in the past, with the rise of the telegraph. He writes:

The rise and fall of the telegraph is a tale of scientific discovery, technological cunning, personal rivalry, and cutthroat competition. It is also a parable about how we react to new technologies: For some people, they tap a deep vein of optimism, while others find in them new ways to commit crime, initiate romance, or make a fast buck age- old human tendencies that are all too often blamed on the technologies themselves.

Standage chronicles the history of the telegraph’s many inventors (Morse was just the most famous “father” of the device), and the passions it stirred across the world. Nowhere, however, did the invention stir more excitement (or bad poetry) than in the United States, where it can be convincingly argued that the telegraph’s ability to conquer distance and time almost perfectly matched the young country’s need to marshall its vast geography and resources. Were it not for the telegraph, the United States may never have become a world power.

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What Is Search Now? Disjoined.

(image shutterstock)

Today I answered a question in email for a reporter who works for Wired UK. He asked smart questions, as I would expect from a Wired writer. (Some day I’ll tell you all my personal story of Wired UK – I lived over there for the better part of a year back in 1997, trying to make that magazine work. I mostly failed – but it’s up and running strong now.)

In any case, one question in particular struck me. The writer is preparing a piece on the future of search. (I’ll link to it when it comes out). What big problems, he asked, still plague search?

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The Future Is Cloudy

I’ve spent a lot of time thinking about data recently. It’s not just reading books like The Information or Mirror Worlds (or Super Sad True Love Story, a science fiction novel that is both compelling and scary), it’s my day to day work, both at FM (where we deal with literally 25 billion ad calls and associated data a month), and in reporting the book (I’ve been to MIT, Yale, Amazon, Microsoft, Facebook, Google, and many other places, and the one big theme everyone is talking about is data…).

We are, as a society and as individuals, in the process of becoming data, of describing and detailing and burnishing our dataselves. And yet, we haven’t really joined the conversation about what this all means, in the main because it’s so damn abstract. We talk about privacy and fear of big brother, or big corporations. We talk about Facebook and whether we’re sharing too much. But we aren’t really talking – in any scaled, framed way – about what this means to being humans connected in a shared society, to be in relationships, to be citizens and consumers and lovers and haters….

There are so many wonderful micro conversations going on about this topic, spread out all over the place. I’m hoping that when my book appears, it might be a small step in joining some of these conversations into a larger framework. That’s the dream anyway.

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Here We Go Again: The Gray Market in Twitter and Facebook

So, casually reading through this Fast Company story about sexy female Twitter bots, I come across this astounding, unsubstantiated claim:

My goal was to draw a straight line from a Twitter bot to the real, live person whose face the bot had stolen. In the daily bot wars–the one Twitter fights every day, causing constant fluctuations in follower counts even as brands’ followers remain up to 48% bot–these women are the most visible and yet least acknowledged victims…

There it was, tossed in casually, almost as if it was a simple cost of doing business – nearly half of the followers of major brands could well be “bots.”

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Who’s On First? (A Modest Proposal To Solve The Problem with First- and Third-Party Marketing)

Early last month I wrote a piece entitled Do Not Track Is An Opportunity, Not a Threat. In it I covered Microsoft’s controversial decision to incorporate a presumptive “opt out of tracking” flag in the next release of its browser, which many in the ad industry see as a major blow to the future of our business.

In the piece, I argued that Microsoft’s move may well force independent publishers (you know, like Searchblog, as well as larger sites like CNN or the New York Times) to engage in a years-overdue dialog with their readers about the value exchange between publisher, reader, and marketer. I laid out a scenario and proposed some language to kick that dialog off, but I gave short shrift to a problematic and critical framing concept. In this post, I hope to lay that concept out and offer, by way of example, a way forward. (Caveat: I am not an expert in policy or tech. I’ll probably get some things wrong, and hope readers will correct me if and when I do.)

The “concept” has to do with the idea of a first-party relationship – a difficult to define phrase that, for purposes of this post, means the direct relationship a publisher or a service has with its consumer.  This matters, a lot, because in the FTC’s recently released privacy framework, “first-party marketing” has been excluded from proposed future regulation around digital privacy and the use of data. However, “third-party” marketing, the framework suggests, will be subject to regulation that could require “consumer choice.”

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What We Lose When We Glorify “Cashless”

Look, I’m not exactly a huge fan of grimy greenbacks, but I do feel a need to point out something that most coverage of current Valley darling Square seems to miss: The “Death of Cash” also means the “death of anonymous transactions” – and no matter your view of the role of  government and corporations in our life, the very idea that we might lose the ability to transact without the creation of a record merits serious discussion. Unfortunately, this otherwise worthy cover story in Fortune about Square utterly ignores the issue.

And that’s too bad. A recent book called “The End of Money” does get into some of these issues – it’s on my list to read – but in general, I’ve noticed a lack of attention to the anonymity issue in coverage of hot payment startups. In fact, in interviews I’ve read, the author of “The End of Money” makes the point that cash is pretty much a blight on our society – in that it’s the currency of criminals and a millstone around the necks of the poor.

Call it a hunch, but I sense that many of us are not entirely comfortable with a world in which every single thing we buy creates a cloud of data. I’d like to have an option to not have a record of how much I tipped, or what I bought at 1:08 am at a corner market in New York City. Despite protections of law, technology, and custom, that data will remain forever, and sometimes, we simply don’t want it to.

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First, Software Eats the World, Then, The Mirror World Emerges

David Gelernter of Yale

(image Edge.org) A month or so ago I had the pleasure of sitting down with Valley legend Marc Andreessen, in the main for the purpose of an interview for my slowly-developing-but-still-moving-forward book. At that point, I had not begun re-reading David Gelernter’s 1991 classic Mirror Worlds: or the Day Software Puts the Universe in a Shoebox…How It Will Happen and What It Will Mean.

Man, I wish I had, because I could have asked Marc if it was his life-goal to turn David’s predictions into reality. Marc is well known for many things, but his recent mantra that “Software Is Eating the World” (Wall St. Journal paid link, more recent overview here) has become nearly everyone’s favorite Go-To Big Valley Trend. And for good reason – the idea seductively resonates on many different levels, and forms the backbone of not just Andreessen’s investment thesis, but of much of the current foment in our startup-driven industry.

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The Nexus 7 and The Cloud Commit Conundrum: Google Wins (For Now)

Google was kind enough to send me a Nexus 7 tablet to play with last month, and over the past week or so I’ve had the chance to actually put it to use. Even though I own an iPad, I have serious reservations about the constraints of Apple’s iOS ecosystem (more on that below), so I was eager to see how Google’s alternative performed.

Now, before I get into details, I want to state what I think really matters here: The Nexus device – and others like it – represent a play for something extremely valuable: a hard-wired digital portal to our hearts, minds, and wallets. As I’ve written elsewhere, there are five major companies deeply engaged in this play – Amazon, Google, Facebook, Microsoft, and Apple. All of these companies want us to commit to their services as the basis of our digital lives – how we consume media and entertainment, how we manage our work and personal lives, where we store our most important information (including our money), and of course, how we declare who we are and what we believe (our identity). The more these companies can get us to upload our music, videos, photos, identities, purchases, browsing behaviors, etc. etc. etc. into their nebulae, the more they’ve locked us into a lifetime relationship of revenue and profit.

Put in that frame, your choice of tablet or phone is about much more than feeds and speeds or features and prices (for all that, see this Engadget review). It becomes a choice about what kind of a company you want as a partner in your digital life. Will the company let you export your data easily to other services? Will it be transparent about how your data is used? Will it have the guts to stand up to bad actors, whether they be governments or other corporations? Will the company create dashboards where you can see, edit, delete, and contest how your data is displayed?

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Will Our Industry Ever Innovate Like Morse? Probably Not.

Last month I finished a compelling biography of Samuel Morse: Lightning Man: The Accursed Life Of Samuel F.B. Morse, by Pulitzer-prize winning author Kenneth Silverman. If you’re a fan of great biographies, or just want to learn more about the history of both our industry and of the United States during a seminal and innovative period, I certainly recommend this book.

If you had no idea that Morse was an acclaimed painter – possibly one of the top US artists of his era – well you’re in good company. I had no idea either. Born just a few years after the Constitutional convention, Morse grew up as one of the first native expressions of the new country that was America. A gifted painter, Morse never quite found his voice – his failure to create a masterpiece, in fact, drove his obsession with making his name as an inventor.

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