Stop Talking About Section 230. Start Talking About The Business Model.

No. No. No.

For the past several years, I’ve led a graduate-level class studying the early history of Internet policy in the United States. It runs just seven weeks – the truth is, there’s not that much actual legislation to review. We spend a lot of the course focused on Internet business models, which, as I hope this post will illuminate, are not well understood even amongst Ivy-league grads. But this past week, one topic leapt from my syllabus onto the front pages of every major news outlet: Section 230. Comprised of just 26 words, this once-obscure but now-trending Internet policy grants technology platforms like Facebook, Google, Airbnb, Amazon, and countless others the authority to moderate content without incurring the liability of a traditional publisher.

Thanks to the events of January 6th, Section 230 has broken into the mainstream of political dialog. Slowly – and then all of a sudden – the world has woken up to the connection between the disinformation flooding online platforms and what appears to be the rapid decay of our society.

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Well That Was A Year: A Review of My 2020 Predictions

From the Department of Didn’t See THAT Coming…

Yes, it’s true: Last year, I did not predict a global pandemic in 2020. COVID is a gravitational force that warps everything it touches, so I approach this annual ritual of self-grading with trepidation. As I start, I honestly don’t remember what I predicted twelve months ago…but regardless, I’m expecting a train wreck. I’ll read each one in turn, repeat the headline prediction, and then free associate some thoughts on what actually transpired. Grab a glass of your favorite beverage…and here we go:

  1. Facebook bans microtargeting on specific kinds of political advertising. OK, Facebook did NOT do this – well, not exactly. What the company DID do was ban political advertising altogether – but only in the week before, and a short period after the US election. Of course, you can certainly say that by banning all political advertising, the company ended up banning microtargeting as a result. So that’s one argument for giving myself a “Nailed It.” If that’s too weak an argument, let’s go to the fine print in my original prediction: “The pressure to do something will be too great, and as it always does, the company will enact a half-measure, then declare victory.” And that is exactly what the company did. I mean, exactly. I also wrote: “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.” Yup. Nailed it.
  2. Netflix opens the door to marketing partnerships. This prediction requires a bit of clarification. I was not claiming Netflix would open the door to advertising on its platform, but rather that 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.” What I didn’t realize when I made this prediction was that Netflix was already deep into product placement deals for its Netflix Originals, and that it had already made sure the money changed hands somewhere else (such as between a production company and a brand).  There is no doubt that marketing money positively benefits Netflix’s bottom line – and the  practice absolutely accelerated in 2020, as did everything streaming-related during COVID. But there was not a significant shift in Netflix policy related to marketing that I can find, so I’m going to say I whiffed on this one.
  3. CDA 230 will get seriously challenged, but in the end, nothing gets done, again. This is exactly what happened. In fact, it’s happening as I type this – Trump just vetoed a veto-proof defense funding bill because it doesn’t repeal 230, and Biden has already indicated he plans to rethink 230 next year. But even though tens of millions of American citizens became familiar with Section 230 this year, nothing came of all that noise. Nailed it.
  4. Adversarial interoperability will get a moment in the sun, but also fail to make it into law. OK I have GOT to stop writing predictions about obscure academic terminology. I mean, what the actual f*ck? What I was trying to say was this: In 2020, there would be a robust debate about the best ways to regulate Big Tech, and the ideas behind “adversarial interoperability” would get a rigorous airing. This did not happen, and just like Jeffrey Katzenberg, I blame COVID. Exactly no one wanted to debate tech policy in the middle of a global pandemic. Making things worse, toward the end of this year multiple governmental agencies decided it was time to go after Big Tech, and they went batshit with proactive lawsuits – the DOJ and a majority of states sued Google (three times, no less), the FTC sued Facebook, and I’d put money more suits are coming (looking at you, Apple and Amazon). The suits revolve around antitrust law, so the debate will now be dominated by whether or not the government can prove its case in court.  This effectively postpones intelligent debate about remedies for years. I find this state of affairs deeply annoying. But a grade must be given, and that grade is a whiff, unfortunately.
  5. 2020 will also be the year “data provenance” becomes a thing. Literally stop me from ever writing predictions after hitting the flash evaporator, OK?! This was another policy-related prediction, and if I was going to miss #4 above, I’m certainly going to whiff here as well. In the very rare case you want to know what I was on about, this is how I described the concept: “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.” Well, in fact, if you believe Google Trends, “data provenance” did have a marked lift in 2020. Does that qualify it for “becoming a thing”? I have no f*cking idea. And again, thanks to COVID, marketers were not exactly focused on public ledgers and blockchain in 2020. Note to self: Stop predicting that something will “become a thing.” Inane. Whiff.
  6. Google zags. Oh man, oh man, I feel so close on this one. I mean, there are still a few days left in 2020, right? I honestly think this is about to happen. Here’s how I explained it one year ago: “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.” Google’s problems with both public perception (hello, three government lawsuits!) and an unhappy workforce only deepened this year – the Timnit disaster was just the most public of its struggles. But so far the company hasn’t produced a dramatic “game changing” move. Sure, the FitBit acquisition finally closed, but if that proves material, I’ll … start using a FitBit again. I firmly believe that Google must make a game changing move, and soon, if it’s going to keep its mojo. But….it certainly hasn’t happened yet. So…sigh…Whiff.
  7. At least one major “on demand” player will capitulate. Just weeks into 2020, I was well on my way to a “Nailed It” here. The tide was turning on the entire category: Uber was in trouble and badly below its IPO price, GrubHub was a falling knife looking for a buyer, PostMates had shelved its IPO dreams. And then…COVID reordered the universe, making on demand everything an essential part of quarantine life.  The entire category was supercharged – I mean, DoorDash at 19 times sales?!?! – and yet another of my predictions bit the dust. F U, COVID. Whiff.
  8. Influencer marketing will fall out of favor. Well, if ever there was a year to be sick of influencer marketing, it’d be this one. But no, with sports and entertainment programming suspended for the majority of the year, all that marketing budget had to go somewhere, and lord knows it wasn’t going to support news (despite that being the most engaged and highest growth category of all). So…brands threw in even more with influencers.  In my explanation I predicted that influencer fraud would be a huge problem – and by most accounts it is (the last figure I could find was 1.3 billion in 2019 – which was roughly 20 percent of the overall market!). But…influencer marketing did not fall out of favor, Charlie D’Amelio is making $50K per post, and damnit, I whiffed again.
  9. Information warfare becomes a national bogeyman. Finally, a slam dunk. Man, I was starting to question myself here. “Deep fakes, sophisticated state-sponsored information operations, and good old fashioned political info ops will dominate the headlines in 2020,” I wrote. Yep, and true to form, 2020 saved the scariest example for the end of the year. Nailed it.
  10. Purpose takes center stage in business. Here’s one prediction where COVID actually accelerated my take toward a passing grade. The year began with BlackRock’s stunning declaration that it would make investment decisions based on climate impact. Once COVID and the George Floyd murder came, nearly the entire Fortune 500 began recalibrating their communication strategies around racial, gender, and climate equity issues. Last year I wrote “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.” Whether it was P&G on climate and race,  Nike saying “Don’t Do It,” or nearly every major sports league standing with the Black Lives Matter movement, companies have taken previously unimaginable stands this year. Nailed It.
  11. Apple and/or Amazon stumble. Sure, Apple did pay up to half a billion to bury its “batterygate” scandal but let’s be honest, you  forgot about that, right? Even the publication of a terrifying expose of worker conditions in iPhone manufacturing plants failed to dent the company in 2020. But what you likely will remember is the Epic Fortnite story – and to me, that’s the stumble that tips my prediction to a “Nailed It.” Apple’s response to Epic was ham fisted and short sighted. The company  misread regulators’ appetite for antitrust, deeply injured its reputation amongst developers, and exposed the iOS App Store – the source of its most important growth revenues – as a pristine monopoly just begging for a Federal compliant. Meanwhile, while Amazon profited handsomely from COVID, the company’s reputation has only worsened in 2020. A drumbeat of negative press about unsafe working conditions, union busting, and anticompetitive practices culminated in a broadside from one of its own – Tim Bray, a respected technologist (and early reader of Searchblog) who penned a damning Dear John letter to his former employer  in May. Despite the strength of both companies’ stock prices, I think it’s safe to say that both Apple and Amazon stumbled in 2020. Nailed It.

Next week I’ll be writing Predictions 2021 — let’s hope this is the start of an upward trend…


Previous predictions:

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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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Sundar Pichai in the FT: Please Regulate Us (And Good Luck with All That)

Google’s (and now Alphabet’s) CEO opines in the FT (sub required) on why AI needs to be regulated, joining the chorus of tech leaders who have taken the apparent high road when it comes to regulation, even as governments around the world have shown next to no ability to actually regulate anything (well, I guess the Chinese have certainly regulated tech…in a not so great way). Astute readers will note that an op-ed in a paywalled publication, on a holiday no less, is not exactly placed to go viral. However, look a bit deeper, and you’ll realize that the Financial Times is very well read by Wall St., number one, and number two, it ain’t a holiday in Europe, where the most powerful people on the planet are gathering for Davos this week. Indeed.

While most of the op-ed is pretty weak sauce, a predictable call for governments to “work together” to “harness this technology for good,” I found this quote the most interesting: “Companies such as ours cannot just build promising new technology and let market forces decide how it will be used.” I wish Google, Facebook, Amazon and Apple had that point of view before they built the AI-driven system we now all live with known as surveillance capitalism.

Maybe they’re learning. Or, maybe we’re not.

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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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Tik Tok, Tick Tock…Boom.

Something’s been bugging me about Tik Tok. I’ve almost downloaded it about a dozen times over the past few months. But I always stop short. I don’t have a ton of time (here’s why) so forgive me as I resort to some short form tricks here. To wit:

  1. China employs a breathtaking model of state-driven surveillance.
  2. The US employs a breathtaking model of capitalist surveillance.

We on the same page so far? OK, great.

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Mapping Data Flows: Help Us Ask the Right Questions

I’ve been quiet here on Searchblog these past few months, not because I’ve nothing to say, but because two major projects have consumed my time. The first, a media platform in development, is still operating mostly under the radar. I’ll have plenty to say about that, but at a later date. It’s the second where I could use your help now, a project we’re calling Mapping Data Flows. This is the research effort I’m spearheading with graduate students from Columbia’s School for International Public Affairs (SIPA) and Graduate School of Journalism. This is the project examining what I call our “Shadow Internet Constitution” driven by corporate Terms of Service.

Our project goal is simple: To visualize the Terms of Service and Data/Privacy Policies of the four largest companies in US consumer tech: Amazon, Apple, Facebook, and Google. We want this visualization to be interactive and compelling – when you approach it (it’ll be on the web), we hope it will help you really “see” what data, rights, and obligations both you and these companies have reserved. To do that, we’re busy turning unintelligible lines of text (hundreds of thousands of words, in aggregate) into code that can be queried, compared, and visualized. When I first imagined the project, I thought that wouldn’t be too difficult. I was wrong – but we’re making serious progress, and learning a lot along the way.

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With Privacy as Its Shield, Facebook Hopes To Conquer the Entire Internet.

Never mind that man behind the privacy curtain.

I’ll never forget a meal I had with a senior executive at Facebook many years ago, back when I was just starting to question the motives of the burgeoning startup’s ambition. I asked whether the company would ever support publishers across the “rest of the web” – perhaps through an advertising system competitive with Google’s AdSense. The executive’s response was startling and immediate. Everything anyone ever needs to do – including publishing – can and should be done on Facebook. The rest of the Internet was a sideshow. It’s just easier if everything is on one platform, I was told. And Facebook’s goal was to be that platform.

Those words still ring in my ears as we celebrate the 30th anniversary of the web today. And they certainly should inform our perspective as we continue to digest Facebook’s latest self-involved epiphany.

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