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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Google’s “Mute” Button: Why Didn’t I Think Of That? Oh, Wait…

One of my pet peeves about our industry is how slowly we change – I understand it takes a long time to gather consensus (it took three years to get AdChoices rolled out, for example) – but man, why don’t the big players, like Google, innovate a bit more when it comes to display advertising?

Well, yesterday Google did just that, announcing a “mute this ad” feature that it will roll out across its network over the next few months. The feature does what you might expect it to do – it stops a particular ad from “following” you around the web. It will look like this:

 

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Google’s Transparency Report: A Good And Troubling Thing

A couple of days ago Google released its latest “Transparency Report,” part of the company’s ongoing commitment to disclose requests by individuals, corporations, and governments to change what users see in search results and other Google properties such as YouTube.

The press coverage of Google’s report was copious – far more than the prior two years, and for good reason. This week’s disclosure included Google’s bi-annual report of government takedown requests (corporate and individual requests are updated in near real time). The news was not comforting.

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Do Not Track Is An Opportunity, Not a Threat

This past week’s industry tempest centered around Microsoft’s decision to implement “Do Not Track” (known as “DNT”) as a default on Internet Explorer 10, a browser update timed to roll out with the company’s long-anticipated Windows 8 release.

Microsoft’s decision caught much of the marketing and media industry by surprise – after all, Microsoft itself is a major player in the advertising business, and in that role has been a strong proponent of the current self-regulatory regime, which includes, at least until Microsoft tossed its grenade into the marketplace, a commitment to implementation of DNT as an opt-in technology, rather than as a default.*

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The Audacity of Diaspora

Last Friday Businessweek ran a story on Diaspora, a social platform built from what might be called Facebook anti-matter. It’s a great read that chronicles the project’s extraordinary highs and lows, from Pebble-like Kickstarter success to the loss of a founder to suicide. Given the overwhelming hype around Facebook’s IPO this week, it’s worth remembering such a thing exists – and even though it’s in private beta, Diaspora is one of the largest open source projects going right now, and boasts around 600,000 beta testers.

I’ve watched Diaspora from the sidelines, but anyone who reads this site regularly will know that I’m rooting for it. I was surprised – and pleased – to find out that Diaspora is executing something of a “pivot” – retaining its core philosophy of being a federated platform where “you own your own data” while at the same time adding new Tumblr and Pinterest-like content management features, as well as integration with – gasp! – Facebook.  And this summer, the core team behind the service is joining Y Combinator in the Valley – a move that is sure to accelerate its service from private beta to public platform.

I like Diaspora because it’s audacious, it’s driven by passion, and it’s very, very hard to do. After all, who in their right mind would set as a goal taking on Facebook? That’s sort of like deciding to build a better search engine – very expensive, with a high likelihood of failure. But what’s really audacious is the vision that drives Diaspora – that everyone owns their own data, and everyone has the right to do with it what they want. The vision is supported by a federated technology platform – and once you federate, you lose central control as a business. Then, business models get very, very hard. So you’re not only competing against Facebook, you’re also competing against the reality of the marketplace – centralized domains are winning right now (as I pointed out here).

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Larry Lessig on Facebook, Apple, and the Future of “Code”

Larry Lessig is an accomplished author, lawyer, and professor, and until recently, was one of the leading active public intellectuals in the Internet space. But as I wrote in my review of his last book (Is Our Republic Lost?), in the past few years Lessig has changed his focus from Internet law to reforming our federal government.

But that doesn’t mean Lessig has stopped thinking about our industry, as the dialog below will attest. Our conversation came about last month after I finished reading Code and Other Laws of Cyberspace, Version 2. The original book, written in 1999, is still considered an authoritative text on how the code of computing platforms interacts with our legal and social codes. In 2006, Lessig “crowdsourced” an update to his book, and released it as “Version 2.0.” I’d never read the updated work (and honestly didn’t remember the details of the first book), so finally, six years later, I dove in again.

It’s a worthy dive, but not an easy one. Lessig is a lawyer by nature, and his argument is laid out like proofs in a case. Narrative is sparse, and structure sometimes trumps writing style. But his essential point – that the Internet is not some open “wild west” destined to always be free of regulation, is soundly made. In fact, Lessig argues, the Internet is quite possibly the most regulable technology ever invented, and if we don’t realize that fact, and protect ourselves from it, we’re in for some serious pain down the road. And for Lessig, the government isn’t the only potential regulator. Instead, Lessig argues, commercial interests may become the most pervasive regulators on the Internet.

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Jaron Lanier: Something Doesn’t Smell Right

Jaron Lanier’s You Are Not A Gadget has been on my reading list for nearly two years, and if nothing else comes of this damn book I’m trying to write, it’ll be satisfying to say that I’ve made my way through any number of important works that for one reason or another, I failed to read up till now.

I met Jaron in the Wired days (that’d be 20 years ago) but I don’t know him well – as with Sherry Turkle and many others, I encountered him through my role as an editor, then followed his career with interest as he veered from fame as a virtual reality pioneer into his current role as chief critic of all things “Web 2.0.” Given my role in that “movement” – I co-founded the Web 2 conferences with Tim O’Reilly in 2004 – it’d be safe to assume that I disagree with most of what Lanier has to say.

I don’t. Not entirely, anyway. In fact, I came away, as I did with Turkle’s work, feeling a strange kinship with Lanier. But more on that in a moment.

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Get Ready for Some Pictures, Folks

A wine we enjoyed last weekend.

I’ve become increasingly troubled by the “data traps” springing up all over AppWorld and the Internet, and while I’ve been pretty vocal about their downsides, I also use them quite a bit – especially for photos. That, I hope, is about to end.

However, I’m afraid it means you, dear reader, are going to be seeing a few more pictures of Mount Tamalpais and my favorite wines here on Searchblog.

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Does the Pebble Cause a Ripple In Apple’s Waters?

Ever since the Pebble watch became an cause célèbre in tech circles for its kickass Kickstarter moves (it’s raised almost $7mm dollars and counting), something’s been nagging me about the company and its product.

It’s now Valley legend that the company had to turn to Kickstarter to get its working capital – more than 46,000 folks have backed Pebble, and will soon be proudly sporting their spiffy new iPhone-powered watches as a result. Clearly Pebble has won – both financially, as well as in the court of public opinion. I spoke to one early investor (through Y-Combinator) who had nothing but good things to say about the company and its founders.

But why, I wondered, were mainstream VCs not backing Pebble once it became clear the company was on a path to success?

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