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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At Threads, No News Is Good News, For Now. But That’s About To Change.

Threads is a week old today, and in those short seven days, the service has lapped generative AI as the favorite tech story of the mainstream press. And why not? Threads has managed to scale past 100 million users in just five days — far faster than ChatGPT, which broke TikTok’s record just a few months ago. That’s certainly news — and news is what drives the press, after all.

Threads has re-established Meta as a hero in tech’s endless narrative of good and evil — I can’t count the number of posts I’ve seen from influential public figures joking that, thanks to Threads, they actually like Mark Zuckerberg again. And Meta can certainly relish this win — the company has been the scapegoat for the entire tech industry for the better part of a decade.

But were I an executive at Meta responsible for Threads, I’d not be sleeping that well right about now. As they well know, the relationship between the tech industry and the press can shift in an instant. Glowing stories about breaking app download records can just as quickly become hit pieces about how Meta has leveraged its monopoly position in social media to vanquish yet another market, killing free speech and “real news” along the way. So far that story has been confined to the fringes of Elon’s bitter troll army over on whatever remains of Twitter these days, but should Threads lap Twitter as the largest app focused on creating a “public square” — whatever that means — the worm will quickly turn.

Meta has a tiger by the tail here, and so far, they’ve been working hard to tamp down expectations. Both Zuckerberg and Instagram CEO Adam Mosseri have been active on Threads, posting daily with both practiced humility (“gosh this thing is succeeding well beyond our expectations,” “we’re just at the starting line,” “we know we’re over our skis”) and reminders about how Threads isn’t like Twitter. Mosseri, for example, has downplayed the role of news — Twitter’s main differentiation and its endlessly maddening Achilles hell; Zuckerberg’s first Thread defined his new service as “an open and friendly public space” — prompting Musk to fire back that he’d rather be “attacked by strangers on Twitter” than live in “hide the pain” world of Instagram.

But The News — with all of its complications — is coming for Threads. I left Twitter more than six months ago, and while I sometimes missed feeling connected to the real time neural net the app had become for me, I almost instantly felt better about both myself and the world. Living on Twitter means navigating an unceasing firehose of toxicity, and Musk’s interventions only worsened the poisonous atmosphere of the place. I joined Threads a half hour after it launched, and indeed, it was a giddy place, its initial users basking in the app’s surprising lack of toxicity.

Other journalists have noticed the same thing. For now, the narrative around Threads centers on its extraordinary growth, but a close second is how “nice” the place feels compared to Twitter. Meta executives would like to keep it that way — combining “what Instagram does best” with “a friendly place for public conversation,” as Zuck put it in his first post.

To that fantasy, I say good luck to you, Mr. Zuckerberg. Keeping Threads “nice” means controlling the conversation in ways that are sure to antagonize just about everyone. No company — not Facebook, not Instagram, not Reddit, and certainly not Twitter, has figured out content moderation at scale. If, as Zuckerberg claimed, the goal with Threads is to create a “town square with more than 1 billion people,” the center of that square will have to contain news. And news, I can tell you from very personal experience, is the front door to a household full of humans screaming at each other.

“Politics and hard news are inevitably going to show up on Threads,” Mosseri told the Hard Fork podcast last week, “But we’re not going to do anything to encourage those verticals.”

I’ll have more to say about that sentiment in another post, but for now, I’ll leave it at this: When Threads hits 300 million active users — roughly the size of Twitter — the love affair between the press and Threads will more than likely come to an end.

I’ll be talking to Meta’s head of advertising Nicola Mendelsohn at P&G Signal tomorrow. You can register here for free.

You can follow whatever I’m doing next by signing up for my site newsletter here. Thanks for reading.

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Can Gather Change the Course of Internet History?

The Gather founding team from top left: Zan Doan, CTO, Sudhir Kandula, COO, Mengmeng Chen, Cofounder & CPO, Sumit Agarwal, Cofounder & CEO

A few weeks ago I was genuinely thunderstruck. My co-editor at P&G Signal (thanks Stan!)  introduced me to a new company – one that promised to give consumers control over their personal data in new and innovative ways. At first I was skeptical – I’d seen quite a few “personal data lockers” come and go over the past decade or so. I even invested in one way back in 2012. Alas, that didn’t work out.

For as long as I can remember, I’ve been writing – over and over and over – about how the Internet’s central problem is the lack of leverage that consumers have over the data they co-create with the hundreds of apps, sites, and platforms they use. But data lockers never got any traction – most were confusing to install and run, and they all suffered from a lack of tangible consumer benefits. Sure, having a copy of all my personal data sounds great, but in the end, what can it do for me? Up till now, the answer was not much.

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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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We Dream of Genies – But Who Will They Work For?

Of all the structural problems “Web 2” has brought into the world – and there are too many to list – one of the most vexing is what I call the “meta-services” problem. Today’s commercial internet encourages businesses and services to create silos of our data – silos that can not and will not connect to each other. Because of business model  constraints (most big services are “free,” revenues come from advertising and/or data sales), it’s next to impossible for anyone – from an individual consumer to a Fortune 50 enterprise – to create lasting value across all those silos. Want to compare your Amazon purchase history to prices for the same goods at Walmart? Good luck! Want to compare the marketing performance of your million-dollar campaigns between Facebook and Netflix? LOL!

For the past 15 or so years, I’ve written about a new class of “meta-services” that would work across individual sites, apps, and platforms. Working on our behalf, these meta-services would collect, condition, protect, and share our information, allowing a new ecosystem of services and value to be unlocked. OpenAI’s recent announcement of plugins, along with their already robust APIs, has brought the meta-service fantasy tantalizingly close to reality. But it’s more likely that, just as with the “open internet,” the fantasy will remain just that.  Internet business models have been built to collect short term rent. Truly open systems rarely win over time – regardless of whether the company uses the word “open” in its name.

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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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Why I’m Still Worried About TikTok

(image credit)

News came last week that TikTok eclipsed both Google and Facebook as the most visited domain and most downloaded app in the United States. The mainstream media response can be summed up in this piece from CBS, which notes the news, then quotes a TikTok public policy executive. I wish I was making this up, but here’s the quote:

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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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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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