The Accountable Capitalism Act: It’ll Never Happen, But At Least Now the Conversation Will

The past week or so has seen a surge in commentary on the role of corporations in society, a theme familiar to readers of this site. While it might be convenient to peg the trend to Senator Elizabeth Warren’s newly minted Accountable Capitalism Act (more on that in a second), I think it’s more likely that – finally – our collective will is turning to our most logical and obvious instrument of social change, namely, the instrument of business.

We humans like to organize ourselves into social units. They range from the informal (pickup basketball games) to the elaborately structured (Senate hearings). Our ability to harness collective will is unsurpassed in the animal kingdom, it’s one of our key evolutionary adaptations, driving the success of our species across the globe.

As I’ve argued elsewhere, one of our most sophisticated social structures is the corporation, which has co-evolved with our various systems of government over the past half millennium or so. The very first corporations were in fact formed (or chartered) by governments – the Dutch East India Company is the most common example of this. In the past century, however, corporations have largely sought to shake the yoke of government regulation – and nowhere have corporations won more freedoms than in the United States, where firms are now considered legal persons with an unrestrained right to “free speech” (IE, the ability to fund political positions).

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The Waze Effect: Flocking, AI, and Private Regulatory Capture

Screenshot_2015-04-20-18-03-49-1_resized-738987(image)

A couple of weeks ago my wife and I were heading across the San Rafael bridge to downtown Oakland for a show at the Fox Theatre. As all Bay area drivers know, there’s a historically awful stretch of Interstate 80 along that route – a permanent traffic sh*t show. I considered taking San Pablo road, a major thoroughfare which parallels the freeway. But my wife fired up Waze instead, and we proceeded to follow an intricate set of instructions which took us onto frontage roads, side streets, and counter-intuitive detours. Despite our shared unease (unfamiliar streets through some blighted neighborhoods), we trusted the Waze algorithms – and we weren’t alone. In fact, a continuous stream of automobiles snaked along the very same improbable route – and inside the cars ahead and behind me, I saw glowing blue screens delivering similar instructions to the drivers within.

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Else 6.16.14: Internet Ads Grow, Apple Ads Blow

IAB 6.14
Up and to the right, baby.

Lots of advertising news in this issue of Signal, as the bi-annual IAB report shows strong gains (YAY, Internet!). To the links:

Internet Ads Surge 19% in Just One Year – WSJ That’s strong growth for an industry working on its 21st year. (IAB report)

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Else 3.3.14: Is The Internet A Utility?

elecutilThe week was dominated by Google related stories, but the top dialog had to do with the Internet itself. I’m sensing something of a shift in society’s beliefs about the Internet’s central role in our humanity. Five years ago, no one wanted to talk about Internet access as a basic human right. In 2012, the UN called it exactly that. With access consolidating into what looks like a natural monopoly, might regulation as a utility be far behind?

Real Time (Medium) Another, denser version of previous essays asking whether it isn’t time to call the Internet a basic utility. “..the immaterial organisation of the internet has now become the most dominant force on this side of the planet...” Unfortunately, this piece is too dense. Try this one instead: The Internet Is Fucked (TechCrunch) in which the author enjoins: “Go ahead, say it out loud. The internet is a utility.There, you’ve just skipped past a quarter century of regulatory corruption and lawsuits that still rage to this day and arrived directly at the obvious conclusion.” Of course, that created a rejoinder: More? – “The Internet is an incredibly useful tool in modern society, but it isn’t essential to the basic functioning of society. Utilities are.” My take: The Internet is a basic need now for the info-organism we are all becoming. So I’m leaning toward the utility camp, I’m afraid. There’s a new book on the subject, should you be interested.

The Monuments of Tech  (NYTimes.com) A meditation, with far too photos, on the meaning of the campuses built by Google, Twitter, Apple, Facebook. Have you read The Circle yet? Read The Circle. Then read this.

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else 2.10: “Information that was never designed for a human to see”

This week, we were thinking about data post-language, reading the tea leaves of algorithms, and wondering how to protect the first principles of the web. As always, if you want to keep up with what we’re reading/thinking about on a weekly basis, the best way is to subscribe to the “else” feed, either as an email newsletter or through RSS. And tweet us links!

 

We’re Leaving — The Bygone BureauI like this take on the discussion of the “post-verbal” in Her as suggesting a time when data supplants language. It was a very brief moment in the movie, but I think it’s at the crux of how we will relate to our machines going forward.

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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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A Coachella “Fail-ble”: Do We Hold Spectrum in Common?

Neon Indian at Coachella last weekend.

 

Last weekend I had the distinct pleasure of taking two days off the grid and heading to a music festival called Coachella. Now, when I say “off the grid,” I mean time away from my normal work life (yes, I tend to work a bit on the weekends), and my normal family life (I usually reserve the balance of weekends for family, this was the first couple of days “alone” I’ve had in more than a year.)

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What Doesn’t the Valley Understand About Washington?

A few weeks ago I ventured to our nation’s capital to steep in its culture a bit, and get some first hand reporting done for the book. I met with about a dozen or so folks, including several scholars, the heads of the FCC and FTC, and senior folks in the Departments of Commerce and State. I also spoke to a lobbyist from the Internet industry, as well as people from various “think tanks” that populate the city. It was my first such trip, but it certainly won’t be my last.

Each of the conversations was specific to the person I was interviewing, but I did employ one device to tie them together – I asked each person the same set of questions toward the end of the conversation. And as I was on the plane home, I wrote myself a little reminder to post about the most interesting set of answers I got, which was to this simple question: What doesn’t the Valley understand about Washington?

It’s not a secret that the Valley, as a whole, has an ambivalent attitude toward DC. Until recently, the prevailing philosophy has trended libertarian – just stay out of the way, please, and let us do what we do best. Just about every startup CEO I’ve ever known – including myself – ignores Washington in the early years of a company’s lifecycle. Government is treated like plumbing – it’s dirty, it costs too much, it’s preferably someone else’s job, and it’s ignored until it stops working the way we want it to.

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