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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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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Predictions 2021: Disinformation, SPACs, Africa, Facebook, and a Return to Tech Optimism

Never in my five-plus decades has a year been so eagerly anticipated, which makes this business of  prediction particularly daunting. I’m generally inclined to be optimistic, but rose-colored glasses stretch time. Good things always take longer to emerge than any of us would wish. Over 18 years of doing this I’ve learned that it’s best to not predict what I wish would happen, instead, it’s wise to go with what feels most likely in the worlds I find fascinating (for me, that’s media, technology, and business, with a dash of politics given my last two years at The Recount). As I do each year, I avoid reading other folks’ year-end predictions (though I plan on getting to them as soon as I hit publish!). Instead, I just sit down at my desk, and in one rather long session, I think out loud and see where things land.

And off we go….

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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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Predictions Review: Trump, Zuck Crush My Optimism In 2019

This past year, I predicted the fall of both Zuck and Trump, not to mention the triumph of cannabis and rationale markets. But in 2019, the sociopaths won – bigly.

Damn, was I wrong.

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Why Politics, Why Now?

Last week an email hit my inbox with a simple and powerful sentiment. “I miss your writing,” it said. The person who sent it was a longtime reader of this site.

I miss writing too. But there’s a reason I’ve been quiet here and on other platforms – I wrote a very short post about that earlier this summer. To summarize, last year I decided to take the leap, for the seventh time, and start a company with my dear friend and frequent co-conspirator John Heilemann. John and I have worked on projects for the better part of three decades, but we’d never started a company together. Now we have: Recount Media is an entirely new approach to video about politics. And the truth is, Recount Media not only requires all of my time, it’s also in fields that seem pretty orthogonal to my previous career trajectory.

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Our Industry Is Failing. Will We Fix It?


If the latest tech revelations have proven anything, it’s that the endless cycle of jaw-dropping headlines and concomitant corporate apologetics has changed exactly nothing.

Over and over, the pattern repeats. A journalist, researcher, or concerned citizen finds some appalling externality associated with one of our largest technology platforms. Representatives from the indicted company wring their hands, take down the offending content and/or de-platform the offending accounts, all the while assuring us “we actively police violations of our terms of service and are always looking to improve our service.”

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Our Data Governance Is Broken. Let’s Reinvent It.

This is an edited version of a series of talks I first gave in New York over the past week, outlining my work at Columbia. Many thanks to Reinvent, Pete Leyden, Cap Gemini, Columbia University, Cossette/Vision7, and the New York Times for hosting and helping me.

Prelude. 

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Predictions 2019: Stay Stoney, My Friends.

If predictions are like baseball, I’m bound to have a bad year in 2019, given how well things went the last time around. And given how my own interests, work life, and physical location have changed of late, I’m not entirely sure what might spring from this particular session at the keyboard.

But as I’ve noted in previous versions of this post (all 15 of them are linked at the bottom), I do these predictions in something of a fugue state – I don’t prepare in advance. I just sit down, stare at a blank page, and start to write.

So Happy New Year, and here we go.

1/ Global warming gets really, really, really real. I don’t know how this isn’t the first thing on everyone’s mind already, with all the historic fires, hurricanes, floods, and other related climate catastrophes of 2018. But nature won’t relent in 2019, and we’ll endure something so devastating, right here in the US, that we won’t be able to ignore it anymore. I’m not happy about making this prediction, but it’ll likely take a super Sandy or a king-sized Katrina to slap some sense into America’s body politic. 2019 will be the year it happens.

2/ Mark Zuckerberg resigns as Chairman of Facebook, and relinquishes his supermajority voting rights. Related, Sheryl Sandberg stays right where she is. I honestly don’t see any other way Facebook pulls out of its nosedive. I’ve written about this at length elsewhere, so I will just summarize: Facebook’s only salvation is through a new system of governance. And I mean that word liberally – new governance of how it manages data across its platform, new governance of how it works with communities, governments, and other key actors across its reach, and most fundamentally, new governance as to how it works as a corporate entity. It all starts with the Board asserting its proper role as the governors of the company. At present, the Board is fundamentally toothless.

3/ Despite a ton of noise and smoke from DC, no significant federal legislation is signed around how data is managed in the United States. I  know I predicted just a few posts ago that 2019 will be the year the tech sector has to finally contend with Washington. And it will be…but in the end, nothing definitive will emerge, because we’ll all be utterly distracted by the Trump show (see below). Because of this, unhappily, we’ll end up governed by both GDPR and California’s homespun privacy law, neither of which actually force the kind of change we really need.

4/ The Trump show gets cancelled. Last year, I said Trump would blow up, but not leave. This year, I’m with Fred, Trump’s in his final season. We all love watching a slow motion car wreck, but 2019 is the year most of us realize the car’s careening into a school bus full of our loved ones. Donald Trump, you’re fired.

5/ Cannabis for the win. With Sessions gone and politicians of all stripes looking for an easy win, Congress will pass legislation legalizing cannabis. Huzzah!!!! Just in time, because…

6/ China implodes, the world wobbles. Look, I’m utterly out of my depth here, but something just feels wrong with the whole China picture. Half the world’s experts are warning us that China’s fusion of capitalism and authoritarianism is already taking over the world, and the other half are clinging to the long-held notion that China’s approach to nation building is simply too fragile to withstand democratic capitalism’s demands for transparency. But I think there may be other reasons China’s reach will extend its grasp: It depends on global growth and optimistic debt markets. And both of those things will fail this year, exposing what is a marvelous but unsustainable experiment in managed markets. This is a long way of backing into a related prediction:

7/ 2019 will be a terrible year for financial markets. This is the ultimate conventional wisdom amongst my colleagues in SF and NY, even though I’ve seen plenty of predictions that Wall St. will have a pretty good year. I have no particular insight as to why I feel this way, it’s mainly a gut call: Things have been too good, for too long. It’s time for a serious correction.

8/ At least one major tech IPO is pulled, the rest disappoint as a class. Uber, Lyft, Slack, Pinterest et al are all expected this year. But it won’t be a good year to go public. Some will have no choice, but others may simply resize their businesses to focus on cash flow, so as to find a better window down the road.

9/ New forms of journalistic media flourish. It’s well past time those of us in the media world take responsibility for the shit we make, and start to try significant new approaches to information delivery vehicles. We have been hostages to the toxic business models of engagement for engagement’s sake. We’ll continue to shake that off in various ways this year – with at least one new format taking off explosively. Will it have lasting power? That won’t be clear by year’s end. But the world is ready to embrace the new, and it’s our jobs to invest, invent, support, and experiment with how we inform ourselves through the media. Related, but not exactly the same…

10/A new “social network” emerges by the end of the year. Likely based on messaging and encryption (a la Signal or Confide), the network will have many of the same features as the original Facebook, but will be based on a paid model. There’ll be some clever new angle – there always is – but in the end, it’s a way to manage your social life digitally. There are simply too many pissed off and guilt-ridden social media billionaires with the means to launch such a network – I mean, Insta’s Kevin Systrom, WhatsApp’s Jan and Brian, not to mention the legions of mere multi-millionaires who have bled out of Facebook’s battered body of late.

So that’s it. On a personal note, I’ll be happily busy this year. Since moving to NY this past September, I’ve got several new projects in the works, some still under wraps, some already in process. NewCo and the Shift Forum will continue, but in reconstituted forms.  I’ll keep up with my writing as best I can; more likely than not most of it will focus the governance of data and how its effect our national dialog. Thanks, as always, for reading and for your emails, comments, and tweets. I read each of them and am inspired by all. May your 2019 bring fulfillment, peace, and gratitude.

Previous predictions:

Predictions 2018

2018: How I Did

Predictions 2017

2017: How I Did

Predictions 2016

2016: How I Did

Predictions 2015

2015: How I Did

Predictions 2014

2014: How I Did

Predictions 2013

2013: How I Did

Predictions 2012

2012: How I Did

Predictions 2011

2011: How I Did

Predictions 2010

2010: How I Did

2009 Predictions

2009 How I Did

2008 Predictions

2008 How I Did

2007 Predictions

2007 How I Did

2006 Predictions

2006 How I Did

2005 Predictions

2005 How I Did

2004 Predictions

2004 How I Did

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