Don’t Sleep on the EU’s Digital Markets and Digital Services Acts

(This is a preview of a piece I’m working on for Signal360, to be published next week.)

“The US litigates, the EU legislates.” That’s what one confidential source told me when I asked about the Digital Services Act and the Digital Markets Act, the European Union’s twin set of Internet regulations coming into force this year. And indeed, even as the United States government continues an endless parade of lawsuits aimed at big tech, the EU has legislated its way to the front of the line when it comes to impacting how the largest and most powerful companies in technology do business. It may be tempting to dismiss both the DSA and the DMA as limited to only Europe, and impacting only Big Tech, but that would be a mistake. It’s still very early – much of the laws’ impact has yet to play out – but there’s no doubt the new legislation will drive deep changes to markets around the world. And even if you aren’t a digital platform, your own business practices may well be in for meaningful change.

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On AI: What Should We Regulate?

EU classification of AI risk.

I’ve been following the story of generative AI a bit too obsessively over the past nine months, and while the story’s cooled a bit, I don’t think it any less important. If you’re like me, you’ll want to check out MIT Tech Review’s interview with Mustafa Suleyman, founder and CEO of Inflection AI (makers of the Pi chatbot). (Suleyman previously co-founded DeepMind, which Google purchased for life-changing money back in 2014.)

Inflection is among a platoon of companies chasing the consumer AI pot of gold known as conversational agents – services like ChatGPT, Google’s Bard, Microsoft’s BingChat, Anthropic’s Claude, and so on. Tens of billions have been poured into these upstarts in the past 18 months, and while it’s been less than a year into since ChatGPT launched, the mania over genAI’s potential impact has yet to abate. The conversation seems to have moved from “this is going to change everything” to “how should we regulate it” in record time, but what I’ve found frustrating is how little attention has been paid to the fundamental, if perhaps a bit less exciting, question of what form these generative AI agents might take in our lives. Who will they work for, their corporate owners, or …us? Who controls the data they interact with – the consumer, or, as has been the case over the past 20 years – the corporate entity?

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AI’s “Oppenheimer Moment” Is Bullshit.

Well that was something. Yesterday the Center for AI Safety, which didn’t exist last year, released a powerful 22-word statement that sent the world’s journalists into a predictable paroxysm of hand-wringing:

“Mitigating the risk of extinction from A.I. should be a global priority alongside other societal-scale risks, such as pandemics and nuclear war.”

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AI Sausage-Making and Unconsidered Consequences

Is that an AI in your sausage?

Once again, Google and Microsoft are battling for the AI spotlight – this time with news around their offerings for developers and the enterprise*. These are decidedly less sexy markets – you won’t find breathless reports about the death of Google search this time around –  but they’re far more consequential, given their potential reach across the entire technology ecosystem.

Highlighting that consequence is Casey Newton’s recent scoop detailing layoffs impacting Microsoft’s “entire ethics and society team within the artificial intelligence organization.” This team was responsible for thinking independently about how Microsoft’s use of AI might create unintended negative consequences in the world. While the company continues to tout its investment in responsible AI** (as does every firm looking to make a profit in the field), Casey’s reporting raises serious questions, particularly given the Valley’s history of ignoring inconvenient truths.

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TikTok Promises to Fix TikTok With…What Exactly?

Today let’s think out loud about TikTok, perhaps the most vexing and fascinating expression of Big Tech power since Google in the early 2000s. I’ve written about TikTok several times, and today’s news, from the Wall Street Journal, raises fresh questions that feel under-appreciated.

First, the background. As most of you likely know, TikTok is owned by a large Chinese company called ByteDance. In less than five years, TikTok has hijacked the very heart of Big Tech’s consumer business in the United States – our attention. Nearly 100 million US consumers will spend an average of more than 90 mins a day watching TikTok this year. That’s time that Google, Facebook, Instagram, Twitter, and every other consumer tech and media company can’t get back. Here’s Scott Galloway’s visualization of the trend, from a piece last Fall:

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Predictions 2021: How’d I Do? Pretty Damn Well.

As has been my practice for nearly two decades, I penned a post full of prognostications at the end of last year.  As 2021 subsequently rolled by, I stashed away news items that might prove (or disprove) those predictions – knowing that this week, I’d take a look at how I did. How’d things turn out? Let’s roll the tape…

My first prediction: Disinformation becomes the most important story of the year. At the time I wrote those words, Trump’s Big Lie was only two months old, and January 6th was just another day on the calendar.  A year later, that Big Lie has spawned countless others, culminating in one of the most damaging shifts in our nation’s politics since the Civil War. The Republican party is now fully captured by bullshit, and countless numbers of local, state, and national politicians are busy undermining democracy thanks to the Big Lie’s power.  A significant percentage of the US population has become unmoored from truth – and an equally significant group of us have simply thrown our hands up about it. Trust is at an all time low. This Barton Gellman piece in The Atlantic served as a wake up call late in the year – and its conclusions are terrifying: “We face a serious risk that American democracy as we know it will come to an end in 2024,” Gellman quotes an observer stating. “But urgent action is not happening.” I’m not happy about getting this one right, but as far as I’m concerned, this is still the most important story of the year – and the most terrifying.

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Facebook Is Finally Admitting It’s A Publisher

The video above is from a conversation at The Recount’s SHIFT event last month, between Nick Clegg, Facebook VP, Global Affairs and Communications, and myself. If you can’t bear to watch 30 or seconds of video, the gist is this: Clegg says “Thank God Mark Zuckerberg isn’t editing what people can or can’t say on Facebook, that’s not his or our role.”

One month later, with Trump down in the polls and the political winds shifting, well, let’s just say the company has changed its tune. Dramatically. Not only has it banned Holocaust denial, it’s also banned anti-vax advertising and taken steps to pro actively manage the disinformation shitshow that will be the Trump campaign post election.

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New Research Shows Why and How Zoom Could Become an Advertising Driven Business

Zoom’s stock: Up and down and up and down and up and to the right.

As the coronavirus crisis built to pandemic levels in early March, a relatively unknown tech company confronted a defining opportunity. Zoom Video Communications, a fast-growing enterprise videoconferencing platform with roots in both Silicon Valley and China, had already seen its market cap grow from under $10 billion to nearly double that. As the coronavirus began dominating news reports in the western press, Zoom announced its first full fiscal year results as a public company. The company logged $622.7 million in revenue, up 88 percent from the year before. Zoom’s high growth rate and “software as a service” business model guaranteed fantastic future profits, and investors rewarded the company by driving its stock up even further. On March 5th, the day after Zoom announced its earnings, the company’s stock jumped to $125, more than double its price on the day of its public offering eleven months before. Market analysts began issuing bullish guidance, and company executives noted that as the coronavirus spread, more and more customers were flocking to Zoom’s easy-to-use video conferencing platform.

But as anyone paying attention to business news for the past month knows, it’s been a tumultuous ride for Zoom ever since. As the virus forced the world inside, demand for Zoom’s services skyrocketed, and the company became a household name nearly overnight. Zoom’s “freemium” model – which offers a basic version of its platform for free, with more robust features available for a modest monthly subscription fee – allowed tens of millions of new users to sample the company’s wares. Initially, Zoom was a hit with this new user base – stories of Zoom seders, Zoom cocktail parties, and even Zoom weddings gave the company a consumer-friendly vibe. Just like Google or Facebook before it, here was the story of a scrappy Valley startup with just the right product at just the right time. According to the company, Zoom’s monthly users leapt from 10 million to more than 200 million – an unimaginable increase of 2,000 percent in just one month.

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For Now, America Just Doesn’t Want to Think That Hard


Andrew Yang has dropped out, which means the presidential campaign just got a lot less fun (you must watch this appreciation from The Recount, embedded above). The race also lost a credible and important voice on issues related to the impact of technology on our society.  The fact that Yang’s campaign didn’t make it past New Hampshire didn’t surprise the political experts I know, but his rabid base both online and at campaign events clearly did.

Perhaps Yang’s message of a “Freedom Dividend” never really caught fire because stock markets are at all time highs, and his warnings about tech-driven job losses have yet to come to fruition. It’s hard to get folks to care about something that requires thinking beyond the daily headlines, and harder still to ask them to consider long term trends like AI-driven automation or the wholesale reconstruction of our social safety net. But when Yang started his quest, these issues rarely made it to the national stage. Now they’re part of our shared vocabulary.

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Predictions 2020: Facebook Caves, Google Zags, Netflix Sells Out, and Data Policy Gets Sexy

A new year brings another run at my annual predictions: For 17 years now, I’ve taken a few hours to imagine what might happen over the course of the coming twelve months. And my goodness did I swing for the fences last year — and I pretty much whiffed. Batting .300 is great in the majors, but it kind of sucks compared to my historical average. My mistake was predicting events that I wished would happen. In other words, emotions got in the way. So yes, Trump didn’t leave office, Zuck didn’t give up voting control of Facebook, and weed’s still illegal (on a federal level, anyway). 

Chastened, this year I’m going to focus on less volatile topics, and on areas where I have a bit more on-the-ground knowledge — the intersection of big tech, marketing, media, and data policy. As long time readers know, I don’t prepare in advance of writing this post. Instead, I just clear a few hours and start thinking out loud. So…here we go.

  1. Facebook bans microtargeting on specific kinds of political advertising. Of course I start with Facebook, because, well, it’s one of the most inscrutable companies in the world right now. While Zuck & Co. seem deeply committed to their “principled” stand around a politician’s right to paid prevarication, the pressure to do something will be too great, and as it always does, the company will enact a half-measure, then declare victory. The new policy will probably roll out after Super Tuesday (sparking all manner of conspiracies about how the company didn’t want to impact its Q1 growth numbers in the US). The company’s spinners will frame this as proof they listen to their critics, and that they’re serious about the integrity of the 2020 elections. As with nearly everything it does, this move will fail to change anyone’s opinion of the company. Wall St. will keep cheering the company’s stock, and folks like me will keep wondering when, if ever, the next shoe will drop. 
  2. Netflix opens the door to marketing partnerships. Yes, I’m aware that the smart money has moved on from this idea. But in a nod to increasing competition and the reality of Wall St. expectations, Netflix will at least pilot a program — likely not in the US — where it works with brands in some limited fashion. Mass hysteria in the trade press will follow once this news breaks, but Netflix will call the move a pilot, a test, an experiment…no big deal. It may take the form of a co-produced series, or branded content, or some other “native” approach, but at the end of the day, it’ll be advertising dollars that fuel the programming. And while I won’t predict the program augurs a huge new revenue stream for the company, I can predict that what won’t happen, at least in 2020: A free, advertising-driven version of Netflix. Just not in the company’s culture. 
  3. CDA 230 will get seriously challenged, but in the end, nothing gets done, again. Last year I predicted there’d be no federal data privacy legislation, and I’m predicting the same for this year. However, there will be a lot of movement on legislation related to the tech oligarchy. The topic that will come the closest to passage will be a revision to CDA 230 —the landmark legislation that protects online platforms from liability for user generated content. Blasphemy? Sure, but here we are, stuck between free speech on the one hand, massive platform economics on the other, and a really, really bad set of externalities in the middle. CDA 230 was built to give early platforms the room to grow unhindered by traditional constraints on media companies. That growth has now metastasized, and we don’t have a policy response that anyone agrees upon. And CDA 230 is an easy target, given conservatives in Congress already believe Facebook, Google, and others have it out for their president. They’ll be a serious run at rewriting 230, but it will ultimately fail. Related…
  4. Adversarial interoperability will get a moment in the sun, but also fail to make it into law. In the past I (and many others) have written about “machine readable data portability.” But for the debate we’re about to have (and need to have), I like “adversarial interoperability” better. Both are mouthfuls, and neither are easy to explain. Data governance and policy are complicated topics which test our society’s ability to have difficult long form conversations. 2020 will be a year where the legions of academics, policy makers, politicians, and writers who debate economic theory around data and capitalism get a real audience, and I believe much of that debate will center on whether or not large platforms have a responsibility to be open or closed. As Cory Doctorow explains, adversarial interoperability is “when you create a new product or service that plugs into the existing ones without the permission of the companies that make them.” As in, I can plug my new e-commerce engine into Amazon, my new mobile operating system into iOS, my new social network into Facebook, or my new driving instruction app into Google Maps. I grew up in a world where this kind of innovation was presumed. It’s now effectively banned by a handful of data oligarchs, and our economy – and our future – suffers for it. 
  5. As long as we’re geeking out on catchphrases only a dork can love, 2020 will also be the year “data provenance” becomes a thing. As with many nerdy topics, the concept of data provenance started in academia, migrated to adtech, and is about to break into the broader world of marketing, which is struggling to get its arms around a data-driven future. The ability to trace the origin, ownership, permissions, and uses of data is a fundamental requirement of an advanced digital economy, and in 2020, we’ll realize we have a ton of work left to do to get this right. Yes, yes, blockchain and ledgers are part of the discussion here, but the point isn’t the technology, it’s the policy enabling the technology. 
  6. Google zags. Saddled with increasingly negative public opinion and driven in large part by concerns over retaining its workforce, Google will make a deeply surprising and game changing move in 2020. It could be a massive acquisition, a move into some utterly surprising new industry (like content), but my money’s on something related to data privacy. The company may well commit to both leading the debate on the topics described above, as well as implementing them in its core infrastructure. Now that would really be a zag…
  7. At least one major “on demand” player will capitulate. Gig economy business models may make sense long term, but that doesn’t mean we’re getting the execution right in the first group of on demand “unicorns.” In fact, I’d argue we’re mostly getting them wrong, even if as consumers, we love the supposed convenience gig brands bring us. Many of the true costs of these businesses have been externalized onto public infrastructure (and the poor), and civic patience is running out. Plus, venture and public finance markets are increasingly skeptical of business models that depend on strip mining the labor of increasingly querulous private contractors. A reckoning is due, and in 2020 we’ll see the collapse of one or more larger players in the field.
  8. Influencer marketing will fall out of favor. I’m not predicting an implosion here, but rather an industry wide pause as brands start to ask the questions consumers will also be pondering: who the fuck are these influencers and why are we paying them so much attention? A major piece of this — on the marketing side anyway — will be driven by a massive increase in influencer fraud. As with other fast growing digital marketing channels, where money pours in, fraud fast follows — nearly as fast as fawning New York Times articles, but I digress. 
  9. Information warfare becomes a national bogeyman. If we’ve learned anything since the 2016 election, it’s this: We’ve taken far too long to comprehend the extent to which bad actors have come to shape and divide our discourse. These past few years have slowly revealed the power of information warfare, and the combination of a national election with the compounding distrust of algorithm-driven platforms will mean that by mid year, “fake news” will yield to “information warfare” as the catchphrase describing what’s wrong with our national dialog. Deep fakes, sophisticated state-sponsored information operations, and good old fashioned political info ops will dominate the headlines in 2020. Unfortunately, the cynic in me thinks the electorate’s response will be to become more inured and distrustful, but there’s a chance a number of trusted media brands (both new and old) prosper as we all search for a common set of facts.
  10. Purpose takes center stage in business. 2019 was the year the leaders of industry declared a new purpose for the corporation — one that looks beyond profits for a true north that includes multiple stakeholders, not just shareholders. 2020 will be the year many companies will compete to prove that they are serious about that pledge. Reaction from Wall St. will be mixed, but I expect plenty of CEOs will feel emboldened to take the kind of socially minded actions that would have gotten them fired in previous eras. This is a good thing, and likely climate change will become the issue many companies will feel comfortable rallying behind. (I certainly hope so, but this isn’t supposed to be about what I wish for…)
  11. Apple and/or Amazon stumble. I have no proof as to why I think this might happen but…both these companies just feel ripe for some kind of major misstep or scandal. America loves a financial winner — and both Amazon and Apple have been runaway winners in the stock market for the past decade. Both have gotten away with some pretty bad shit along the way, especially when it comes to labor practices in their supply chain. And while neither of them are as vulnerable as Facebook or Google when it comes to the data privacy or free speech issues circling big tech, both Apple and Amazon have become emblematic of a certain kind of capitalism that feels fraught with downside risk in the near future. I can’t say what it is, but I feel like both these companies could catch one squarely on the jaw this coming year, and the post-mortems will all say they never saw it coming. 

So there you have it — 11 predictions for the coming year. I was going to stop at 10, but that Apple/Amazon one just forced itself out — perhaps that’s me wishing again. We’ll see. Let me know your thoughts, and keep your cool out there. 2020 is going to be one hell of a year. 

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