The Verizon saga continues

Today, I sent this complaint to the FCC about Verizon Wireless’ continued refusal to connect my Google Nexus 7 tablet to its allegedly “open” network. It is addressed to Robert Ratcliffe, acting chief of the FCC Enforcement Bureau, with CCs to Ruth Milkman, now the FCC Chief of Staff, and Gigi Sohn, the newly appointed FCC Special Counsel for External Affairs, in addition to William Johnson, a Verizon attorney, and Matt Wood and Josh Stearns of Free Press. I’ll report what I hear as soon as I hear it.

Dear Mr. Ratcliffe,

I write to follow up on my complaint filed with the Commission regarding Verizon Wireless’ continued refusal to connect my Google Nexus 7 LTE tablet to its network as required by the openness clause of the Block C spectrum sale and your Bureau’s consent decree with the company in July 2012.

I went to a Verizon store in Bridgewater, NJ, this weekend and was told that the device still could not be activated and added to my existing data account. Verizon Wireless is thus in continued and flagrant violation of the spirit and letter of its agreements with the FCC and is also in violation of its own statements and assurances to the public.

If the Commission does not order Verizon Wireless to immediately accept the Nexus 7 onto its network and if Verizon does not suffer consequences for its recalcitrance in this matter, then the FCC’s policies and orders on open networks will be rendered toothless and meaningless.

To review the timeline:
* Google announced the Nexus 7 LTE as compatible with Verizon’s 700 MHz network on July 24 of this year.
* The LTE version of the device became available and I purchased it on September 9. Upon delivery, I went to a Verizon store in Bridgewater, NJ, to get it connected and was told it could not be added to my account. Twitter exchanges with Verizon ensued, which exposed the company’s refusal.
* I filed a complaint with the Commission on September 18 (attached). Counsel for Verizon responded to that letter and I responded in turn on the next day (also attached).
* Verizon made public statements about the device needing to go through its own certification process — a contention I will challenge as the device had been certified by the FCC and has proved to work on LTE networks around the world. In any case, the company said that the device entered this process in August and that the process generally takes four to six weeks. Thus the device should have cleared this needless certification sometime between the first of September and the middle of October. It is now November and Verizon still refuses to connect my device.
More detail of the incident and my exchanges with the company can be found on my blog at http://buzzmachine.com/tag/verizon/.

Let me be clear that in the end, the issue is not Verizon’s certification or even the FCC’s but the definition of “open” and whether any device complying with published standards can connect with this network. If the network is truly open as the Commission has decreed, then any device that meets standards for the network should be connected to it with no proprietary certification required. In the Nexus 7, Asus has manufactured a device that meets these standards, has been certified by the FCC, and works on any compatible network as clearly demonstrated with worldwide use. For Verizon to hide behind its claim of a right to certify only brings needless confusion to the Commission’s rules and rulings about open networks. Please consider what happens when the modular phones envisioned by Phonebloks and Project Ara at Google and Motorola are offered and independent, open-hardware makers create devices that are built to open standards: Will Verizon demand to subject every device to months of alleged “certification”? How does that make a lie of open networks?

I also should note that this week, Verizon announced its own competitive seven-inch, LTE tablet, branded the Ellipsis 7. Of course, Verizon is free to sell its own device — indeed, the more competition and consumer choice, the better. But that should have no impact on its support of other devices on its open network and it certainly does not excuse Verizon for refusing to connect the Nexus 7. The fact that Verizon has its own, similar tablet is only more reason that it must be compelled to support the Nexus 7 or else its “open” network is not open at all.

I reiterate my complaint against the company and appeal to you to compel Verizon Wireless to connect the Nexus 7 LTE. I also urge you to consider punitive action so as to underline the importance of open networks, of following agreements and orders from the FCC, and of treating consumers with respect and honesty.

UPDATE: Verizon says that it will wait until Android 4.4 KitKat is installed, arguing that there were “system” issues in certification.

I smell a rat and I’m looking for the tail. The device has worked with *no* problem on any other LTE network. I got it to work fine on Verizon’s network. What could these problems be? I expect the FCC to ask for clarification.

Bottom line: I’m still waiting.

UPDATE: Verizon sent a letter in response to the FCC, which I’ll paste below, followed by my response in return.

Dear Mr. Ratcliffe:

In his most recent letter to you, Jeff Jarvis again alleges that Verizon Wireless is violating its C Block obligations by declining to activate Mr. Jarvis’s Google Nexus 7 LTE tablet on its network. Verizon Wireless takes seriously its C Block obligations, and, as explained previously, it is fully complying with them, including with respect to the device in question.

The Google Nexus 7 is a tablet developed by Google and manufactured by Asus. Asus initially submitted the device for our certification process in August. As previously explained, Verizon Wireless’s certification process provides a straightforward way to ensure that devices attached to the Verizon Wireless network do not harm the network or other users. This process is fully consistent with the Commission’s C Block rules, which recognize that a provider’s obligation to attach devices only applies in the case of devices that comply with the provider’s published technical standards.1

In the case of the Nexus 7, the certification process has worked as intended. During the certification process for this device, Google, Asus and Verizon uncovered a systems issue that required Google and Asus to undertake additional work with the Jelly Bean OS running on the device. Since Google was about to launch its new Kit Kat OS, rather than undertake this work, Google and Asus asked Verizon to suspend its certification process until Google’s new OS was available on the Nexus 7. So in this case, the straightforward process identified an issue that needed to be addressed, and addressed it in a collaborative and efficient way with the manufacturer and developer.

Verizon is committed to ensuring our customers have the best overall experience when any device becomes available on the nation’s most reliable network. Please let us know if you have any further questions on this matter.

My response:

Mr. Ratcliffe,

I would ask that the Commission seek from Verizon Wireless an explanation of what this “systems issue” is and an explanation of why this issue has not had any apparent impact on any of the many other LTE networks on which many Nexus 7s are running now. I would also ask that this exchange be made public. The Commission still needs to define “open” and its limits and whether this certification is justified.

I would further ask the Commission to examine the anticompetitive questions around Verizon’s delay in regards to the announcement of its own seven-inch LTE tablet in competition with Google’s.

Thank you for your continued attention. I look forward to your and the Commission’s response.

Maybe news is just more efficient

I wonder whether Andrew Kohut got his analysis of Pew Research’s latest survey of news consumption — as my West Virginia father would say — bassackwards.

Pew finds again that young people are spending less time with news — 46 minutes per day for millenials (ages 18-31) vs. 84 minutes for the so-called silent generation (ages 67-84 … though my 80+-tear-old parents are far from silent). That’s only a little over half as much time. This leads Kohut to predict a “perilous future for news.” Conventional wisdom would certainly agree. I have too, arguing for sometime that one of our biggest problems in news is declining engagement.

But what if instead Pew’s survey indicates that for young people news is simply more efficient? They don’t have to block out time to sift through a newspaper to find what matters to them and more time sitting, passively watching an hour or more of local and national TV news to get a one-size-fits-all summary that could be more efficiently delivered online: more meat, less bun.

Now I know that the public spending less time with news as currently configured is injurious to our egos and business models. But those models are based on the mass media equation of audience attention and time equaling exposure to more ads. See my argument with Google chief economist Hal Varian over just this point last week: Attention worked as a model when we in mass media operated by the myth that all readers or viewers saw all ads so we could charge all advertisers for all of them. In those good old days, more people giving us more time (in truth, only a proxy for attention) could be monetized through CPM mass advertising, whose price we controlled through our ownership of the scare resources of production and distribution. Great while it lasted. But abundance kills that model.

Thus Pew’s latest survey makes me think we are still chasing the wrong horse. Instead of seeking an engaged audience — that’s a metric better suited for movies and prime-time TV — we in news should be seeking an informed public, using new tools to make them better informed with greater relevance and more efficiency. Instead of measuring our success by how much more time we can get them to spend with us, we should measure it by how much less time they need to spend with us to reach their own goals.

I always tell my students that where they see a problem, they should look for the opportunity in it. Journalists tend to find problems and stop there, complaining. Engineers find problems and seek solutions. If the problem is that young people spend less time with news, where is the opportunity in that? I say it is in helping anyone of any age spend even less time, getting more information more efficiently.

So let’s look at this issue entrepreneurially and invent a new service: News Pal.

News Pal requires knowing you and what you want. Google should be good at this but, surprisingly, Google News has left that opportunity for others to grab. It feeds me the same Google News everyone else gets. If I want to get something more relevant, it makes me go through the effort of manipulating sliders for various categories and adding keywords. That is so 1998, so My Yahoo, which is better under Marissa Mayer but which still requires me to make my own predictive personalization decisions. Some 15 years ago, I filled out that Yahoo form … and never returned. Four years ago, when still at Google, Mayer dreamed of a hyperpersonal news stream, but neither Google nor Yahoo has yet built it.

I want News Pal to be an emergent system that watches what I watch in news and feeds me accordingly with no effort on my part. If it sees that I watch news about Android, it should prioritize Android news. If it sees that I stop caring about Android after I buy a phone, it should stop caring for me. If it sees that I never read sports, it shouldn’t give me football stories. If it knows where I live and work, it should give me relevant news for those locations. Of course, this system should also give me the news that everyone will want to know, feeding me reports on the Kenyan mall attack even if I haven’t shown an attraction to Kenyan news. Editors recognize those breakthrough stories. So does Google News’ algorithm.

I also want News Pal to cut through the worsening clutter of repetition. Look at the tech blog landscape, where the slightest morsel of news or rumor replicates like The Andromeda Strain, mutating as it gets farther from the source. Google and Google News have made efforts in recent years to seek more signals of authority and originality of reporting as did the startup where I was a partner, Daylife. But they and others can do much more. They all have made the mistake of trying to analyze media as news sources. The real winner will also use Twitter, Google+, Facebook, YouTube, et al to find original sources in a larger information ecosystem: difficult but doable.

Cir.ca is a worthy News Pal competitor, for it offers two bits of value I want. It cuts up articles into constituent elements and so, if you’ve already seen an element of a story, it doesn’t waste your time giving it to you again. It also enables you to follow a story as it happens — not predicting a tag of interest as required by Google News and My Yahoo.

In the net, my News Pal would give me greater relevance because it knows me, higher quality because it knows news sources, and greater efficiency because it reduces the noise in news. It would take the advice of Medium founder Ev Williams — who has twice changed media, thus changed the world (and earned a billion-plus bucks via Blogger and Twitter) — adding effiency. Wired summarized its interview with him:

The bottom line, Williams said, is that the internet is “a giant machine designed to give people what they want.” It’s not a utopia. It’s not magical. It’s simply an engine of convenience. Those who can tune that engine well — who solve basic human problems with greater speed and simplicity than those who came before — will profit immensely….

There’s an organizing principle that explains what thrives on the internet and could potentially predict what will thrive in the future: Convenience.

“The internet makes human desires more easily attainable. In other words, it offers convenience,” he said. “Convenience on the internet is basically achieved by two things: speed, and cognitive ease.” In other words, people don’t want to wait, and they don’t want to think — and the internet should respond to that. “If you study what the really big things on the internet are, you realize they are masters at making things fast and not making people think.”

Or waste time, as news makes us do now. That is the lesson from so-called millennials in Pew’s study: They are more efficient with their news.

What about the business model? News Pal would gain my loyalty — and, ironically, my attention — making the switching cost away from it high. If it really builds my hyperpersonal news stream — including such streams as my email — it could compete with Google and Twitter. It would gather valuable signals about me and my interest that it could exploit with higher value advertising and commerce and data. News Pal itself would be quite efficient, depending on smart algorithms.

I remember sitting in a meeting with Yahoo founder Jerry Yang many years ago when he said it was his job to get you want you needed as quickly as possible. The quicker your visit to Yahoo, he said then, the better its service. That changed, of course, when Yahoo adopted the mass-media advertising model built around attention and impressions, loading it up with content. Yahoo could have been News Pal if it had followed Yang’s vision of efficiency over drag. Therein lies the real lesson of Pew’s latest survey, I think.

Efficiency isn’t the enemy of news. It should be the goal.

Viral bullshit as the new classifieds

denton-tweet1

A very well-done post about viral bullshit on Gawker (et al) by Mathew Ingram really comes down to this: Journalism used to be subsidized by classifieds and fluff, now it is built atop viral bullshit. The argument: Sure, we serve crap — or cats — but that’s what brings in the traffic for the good stuff.

Quoting Gawker’s editor in chief, John Cook: “Part of our job is to make sure we’re writing about things that people are talking about on the internet, and the incentive structure of this company is organized to make sure that we are on top of things that are going viral… we are tasked both with extending the legacy of what Gawker has always been — ruthless honesty — and be reliably and speedily on top of internet culture all while getting a shit-ton of traffic. Those goals are sometimes in tension.”

Of course, that is a bankrupt model, for soon it becomes impossible to find the diamond in the sewage: the one decent, worthwhile, true report buried amid native advertising, viral bullshit, trolls’ comments, breaking rumors, and staff’s snark. Soon, the brand’s value is nil — but, hey, the traffic is humongous. And the advertisers still pay because we gave them a home for their bullshit and the faint though fraudulent promise that we can make them viral, too.

I think a new business model emerges from the swamp: the news outlet that tries, at least, to deliver the truth. That’s what all journalism fancies itself to be, of course, but the field would suffer in an audit of how much of that claim is true. I’m biased, but I’d say the Guardian is one outlet that is trying to live by that goal, though many will quickly point out that it won’t live if it can’t also have a goal of making profit.

At my journalism school, I was having a discussion about an unrelated matter the other day and as I railed on about a certain faux-news outlet that appeared to be all offal, a colleague smiled and said, “I love it, Jarvis, when *you* launch into a conservative rant about journalism.” Yes, I’m known as the guy who wants to open up media to the world to hear more voices and the cacophony of democracy, to equip anyone to commit an act of journalism, to confess our fallibility and admit that news is always in beta.

But I have long believed that the real job of journalism is to add value to what a community knows — real value in the form of confirmation and debunking and context and explanation and most of all *reporting* to ask the questions and get the answers — the facts — that aren’t already in the flow. The journalist’s and journalism organization’s ability to do that depends on trust over traffic.

In the earlier days of the web, I’ve argued that many made the mistake of thinking of the net as a medium and so whenever they saw a comment or mistake from a civilian, they thought the entire enterprise had been ruined as if The New York Times had published porn. No, I said, don’t expect the web to be a medium that’s published and packaged and polished. It’s just another streetcorner. At Broadway and 40th, you might overhear an idiot or see a drooler but you don’t propose to reject all New York because of that.

Too many would-be journalistic outlets today are making the mistake of thinking that they want to *be* the web, to hitch onto every speeding meme, riding it to … where? I think we can see where: to the oblivion where memes go to fizzle and die. Journalists would make a fatal mistake to think that they are viruses when what they should be are the leukocytes that kill them.

Attention v. relationship economy

Oddly, Google chief economist Hal Varian analyzes newspapers‘ problems and prescribes solutions strictly from an old-media perspective — based on attention to marketing messages — rather than an internet (namely, Google) perspective of relevance and relationships.

In a speech to Italian journalists, Varian says that “the basic economic problem facing news is increased competition for attention” and that newspapers must use such tricks as tablets and dayparts to get people to spend more leisure time with news so they can show them more ads (ignoring, for one thing, the fact that advertising abundance — championed by Google — lowers advertising prices and takes from newspapers the pricing power they once had). “The fundamental challenge facing newspapers is to increase the time people spend on their content,” Varian says. “More time reading the newspaper online translates into more online ad revenue.”

I couldn’t disagree more. Pardon me for suggesting to a Googler that we would be better off asking, what would Google do?

Google reinvented the advertising model, moving past attention as a proxy for intent (“if they see my ad I can convince them to buy my product”) and placement as a substitute for relevance (“men read the sports section and men buy tires, ergo we will advertise our tires in the sports section”). Google also killed the beloved myth of mass media that supported it for a century: All readers see all ads so we charge all advertisers for all readers. Google understands that users have variable value that is increased the closer it can get to delivering relevance and intuiting intent through signals — search, location, context, behavior as well as consuming content — which come from having a relationship of mutual value with the user.

The last thing newspapers should do is continue to try to shovel their old relationships, forms, and models into a new reality. No, don’t just sell space for messages to advertisers (for they’ll soon wake up and realize the pointlessness of the exercise). Don’t try to recreate old forms in new devices like tablets. Don’t measure the value of relationship as page views or time spent. Don’t think your primary value is manufacturing content that you then try to sell.

Newspapers and other former media outlets should become — as Google is — services that still inform — that is their core value — but now can use their own signals to learn about and return relevance to people as individuals and communities rather than masses, thus deriving greater value in the transaction.

For example, through my use of its Maps, Google knows where I live and work. My local newspaper doesn’t. When I ask for “pizza” in search, Google doesn’t give me a hundred archived articles with the word “pizza” in them but gives me the nearest pizza (soon, I hope, the best pizza, the pizza I’d most likely enjoy, the pizza my friends like with ever crisper relevance … and crusts). If my newspaper knew where I lived and worked — if it gave me reason to reveal that — it could target content to me the way it already tries to target ads. Why does *every* newspaper site still treat its home page as a one-size-fits-all print page when it could prioritize news that might be more relevant to me?

The reason: because newspapers still believe in the myth of mass media; they want to hope that with enough time you will look at all the pages they make and all the ads on them. That is the old attention-based media model Varian still recommends. This is also why newspapers continue to sell advertisers space for messages when instead they should be helping those merchants build better relationships with customers. But first, newspapers have to learn how to build relationships themselves.

That is the lesson Google teaches us. That is the new media market Google, more than anyone, created.

Protecting journalism v journalists

The Knight Foundation’s Eric Newton draws attention to the knottier issues around a proposed federal shield law for journalists and urges critics to be included in the debate about whether it is better to have a constitutional or merely a legislative protection.

I believe a shield law that protects job descriptions is fatally flawed. At a Knight event in Washington last week, investigative journalist Scott Armstrong argued strongly that the government will slice out exceptions to protecting national-security reporters. “More cases are emerging because it’s never been easier to leak or investigate leaks,” Newton writes. “Reacting to a new generation of digital whistleblowers, like Chelsea Manning, Armstrong said this administration began to treat all leaks ‘as if they were espionage cases.’ There have been seven leak cases under the Obama administration, and only four in all of history before; Savage called challenging informants the ‘new norm.’”

I worry that by requiring the journalist to work for a news organization or freelance for them or be a journalism student, many will be left out. But arguing to add more categories of people to the definition isn’t the answer.

The answer is to protect not the journalist but the act of journalism: that is, revealing information that is in the public interest.

Oh, yes, I know that would then include Wikileaks, Chelsea Manning, Edward Snowden, Thomas Drake, and Daniel Ellsberg — none of whom would qualify under the proposed law but every one of whom has revealed information of vital public interest, fueling the debate that democracy should welcome.

Until we are ready to stand behind that broad principle of information in the public interest as our definition of journalism, then I come to see that I stand with the shield-law critics Newton cites. For we do have a shield. It is the First Amendment. Asking Congress to modify and limit it is short-sighted and too much an act of self-interest by journalistic organizations eager to be protected themselves.

Let’s remember that ultimately, it’s not the journalists we are seeking to protect but the sources of that information. Now that those sources can share directly with the public, with or without journalists as mediators, then we must protect them as journalistic actors.

The spy trade

Here’s a slideshow of snippets from Wikileaks’ latest data dump: a collection of advertising material from private companies creating surveillance technologies for sale to governments and others.

(When you click on the post below, you’ll need to click on the images again to see the slide show.)


First, the good news

First, listen to this superb and profoundly disturbing segment by On the Media producer Sarah Abdurrahman about how she and her husband and other guests at a Canadian wedding were detained and mistreated at the U.S. border crossings in spite of their citizenship — American — and because of their religion — Islam.

Welcome back. I told you it well done, didn’t I? I’d be screaming bloody murder at such treatment but Abdurrahman kept her journalistic cool and curiosity, trying to get the facts and understand our rights, asking questions, in spite of never getting answers. People have been saying lately that Verizon picked on the wrong person in me. Well, U.S. Customs and Border Protection could not have picked a worse person to detain: a smart, accomplished journalist with an audience.

I would hope that CBP is humiliated by this and will change, but our government isn’t humiliated by spying on the entire damned world and won’t change that, so I’ll give up my hope. Nonetheless, this story is the perfect bookend to the Guardian’s reporting on the NSA, showing a government that is out of control — because its citizens can no longer control it. Well done, OtM. Thank you, Sarah.

Now the bad news. Next came a story that did have me shouting at the radio as geographer Jim Thatcher condemned major tech companies with broad brush — without specifics, without evidence or proof, only with innuendo — for the possibility they could be redlining the world and diverting users away from certain areas. “It’s hidden what they’re doing,” he said. If it’s hidden, then how does he know they’re doing it? Not said. Microsoft had a patent that could do things like this but Thatcher acknowledged that “Microsoft may or may not” every use it. They could.

Brooke Gladstone laments Google’s purchase of Waze for $1.3 million because “we are being sold for our data, it’s an old story.” No, I was using Waze at the very moment I heard that because (1) I get data of great value back, helping me avoid not opium dens but traffic jams and (2) I generously want to share my data with others who have generously shared theirs with me. This is an example of a platform that does precisely what news organizations should do: help the public share its information with each other, without gatekeepers.

Next, Thatcher says with emphasis that “theoretically” Google could charge coffee shops for directing us to one over another. Then Thatcher acknowledges that it’s not happening. It could. And he dollops on a cherry of fear about technology and “for-profit” corporations.

Don’t you smell the irony in the oven, OtM? You properly and brilliantly condemn the CBP for detaining Americans because they are Muslims and because Muslims could do terrorism even when they don’t. Then, in the very next segment, you turn around and needlessly condemn technology companies because they could do things some guy imagines even though he admits they don’t.

Those are two sides of the same phenomenon: moral panic, the unsubstantiated suspicion that some apparently alien entity — Muslims or (OMG!) for-profit technology companies — could upset the social order, a fear often fanned by media.

Put down the fan, OtM, and learn the lesson from Abdurrahman’s superb story that your role — you of all media outlets — is to throw cold water on such unwarranted fright-mongering.

Mind you, these two segments were surrounded by two more very good reports: one that gives us a guide for what to ignore in breaking news (so as not to fan flames) and another about how — surprise, surprise, surprise — technology can lead to good ends. I remain a fan and loyal listener of OtM. And that is why I humbly offer you a map to guide you away from a dodgy neighborhood called technopanic.

This is what prior restraint looks like

rusbridger drive

Last night, while being interviewed by Charlie Rose with Janine Gibson and former NSAer Stewart Baker in New York, Guardian Editor-in-Chief Alan Rusbridger pulled out of his jacket pocket a symbol of press freedom and attempts to muzzle it: a piece of the Mac that the UK’s spies from GCHQ destroyed in the paper’s basement. The rest is destined for a museum in London and the Newseum in Washington.