Pat Ryan

Former People editors Dick Stolley, Lanny Jones, Jim Gaines, and Pat Ryan at a reunion; photo by Robin Platzer

Former People editors Dick Stolley, Lanny Jones, Jim Gaines, and Pat Ryan at a reunion; photo by Robin Platzer

I just learned of the death of Pat Ryan, former managing editor (that is, editor-in-chief anywhere other than Time Inc.) of People and Life magazines. Pat was my mentor and protector. I owe her my career.

Pat hired me at People. She made me the first TV critic there. She encouraged me to submit an idea I had for a magazine called Entertainment Weekly. And she saved me from the sins of synergy. A few personal tales of mine in memory of Pat….

They never hired newspaper people at Time Inc., I was told. We weren’t slick enough. But I got a week’s tryout there as a writer. Each morning, I got a file of reporter’s notes — 30 pages or more — and piles of clips with instructions to turn it into 120 pithily packed — it’s there that I learned one could throw in more material between dashes — and almost always alliterative lines of copy. I did that the first morning and asked for the next assignment but was told there wasn’t anything. Same thing happened the next morning and the next: five days, five stories. At the end, Pat hired me. As I left, an old hand at the magazine, Cranston Jones (there were no Bob Joneses at Time Inc., only a Cranston and a Landon at People), took me aside and balled me out: “Don’t you ever do that again.” I had no idea what “that” meant until I arrived and attended my first writers’ meeting under Pat. “People, people,” she said after first instructing the women on staff not to follow her into the ladies room with story pitches, “we have to get better. You all should be trying to write one story a week.” Aha.

I had moved to New York and People from San Francisco and the Examiner (“What,” my editor there, Jim Willse, said upon hearing the news, “got tired of journalism did you?”). I quickly missed California and looked to move back. The L.A. Times talked to me about becoming TV critic but couldn’t get the job approved so they offered me L.A. Olympics arts correspondent. I never would have taken that. I don’t do folk dances. But my good friend and senior editor Peter Travers, unbeknownst to me, went to Pat telling her the way to keep me was to make me TV critic. And so she did.

I remember the day Pat got the latest cover sales report and screamed down the hall at me: “TV’s dead, Jarvis! It’s dead!” You see, her predecessors at People had an easy go of it picking covers: Put a Top 10 show on the cover and it’d sell. But under Pat’s watch and my tenure covering TV, choice exploded with cable boxes and newfangled VCRs, audience fragmented, and not everybody watched Dynasty anymore. That’s when People expanded to covering the events in the stars’ lives: births, deaths (there was a time when I said we should have renamed the magazine Dead People), diseases, affairs — bodily fluids journalism. That’s when flacks realized that they had the power to sell magazines by granting access to their stars and so the balance of power shifted and Pat had to deal with press agents trying to negotiate approval of writers, quotes, and covers (she never budged).

mel gibson coverThat’s also when Pat brilliantly invented new franchises. I’d like to think I was in the cover billing meeting when she stared at a picture of blue-eyed Mel Gibson with no idea about what to say about another vacuous hunk and finally, in wry desperation, she said, “Oh, why don’t we just call him the sexiest man alive.” Eureka.

It took time for HBO to produce some of the best TV in history. When it started inside Time Inc., it was little more than an excuse to rerun movies and show bare breasts and as TV critic, I said so. The then-CEO of HBO would shout up the ladder to muzzle me and Pat would shout back down telling him to fuck off. When I panned one too many Hallmark Hall of Fame treacklefests and Hallmark canceled its advertising (no small amount), she saved me from business-side pressure.

I’ve already told the story of how Pat protected me from the wrath of Editor-in-Chief (there was only one editor-in-chief in all of Time Inc.) Henry Grunwald when I dared give a good review to a show critical of Henry’s mentor, Whitaker Chambers. She risked her job to do the right thing. From her, I learned that all the rule books and industry standards in the world don’t stack up against one brave editor willing to take an ethical stand.

And then there was E.W. That same fragmentation that made picking People covers hell gave me the idea to start a magazine that would concentrate again on products over personalities. Pat encouraged me to submit it and sympathized when Grunwald rejected it. By the time the idea finally showed signs of life, almost six years later, she was editor of Life and the executives at Time Inc. pitted us against each other. Pat wanted to make Life weekly to rejuvenate and save it; I wanted to start E.W., and the 34th floor said only one of us would win. But Pat was always smarter than they were. She quietly sat me down and continued to mentor me. “Jarvis,” she said, “you’re not one of them. You’re an outsider. They’re going to use you to start the magazine because they don’t understand it and then they’ll get rid of you.” She was prescient.

Pat was also not one of them. She was a woman. Time Inc. then was still a patrician — read: sexist — institution that didn’t know how to handle powerful women, especially one who was ambitious enough to rise from Katharine-Gibbs-trained secretary to editor of one rich and one iconic magazine while always remaining gracious, loyal, decent, and clever. They fired Pat in 1989 and wouldn’t even give her the courtesy of a reason.

Pat retired to her beloved Maine with Ray Cave, also the former editor of Sports Illustrated and Time. Apart from taking on a few projects, she left the spotlight that she never much liked. I so regret not visiting to thank her for all she did for me.

The almost-post mortem for Patch

Screenshot 2013-12-16 at 9.25.59 AMDavid Carr all but writes the obit for Patch today. One could quibble and say it’s not quite dead, that Aol plans partnerships for the ill-fated ganglion of local sites. Fine, but it’s still not wrong to look back and ask what went wrong.

Before he started Patch — and before he went to Aol and brought it along — Tim Armstrong called me into his office asking me to advise Patch. I was listed as an official adviser but never was; I just offered what advice I had for free, over coffee, as I did for many others working in hyperlocal. Patch didn’t take it anyway.

I still believe in Armstrong’s vision that local communities need local information. But now I fear that its slow, tortured fall could — in the words of a friend — bring nuclear winter to hyperlocal. Radioactive hyperlocal cooties. It shouldn’t be. The problem with Patch wasn’t Armstrong’s vision about the value of local information. It was execution.

1. Patch did not get its business model in shape before multiplying its mistakes times 900. The essential business assumption — that having one reporter and one sales person in a town is inexpensive — is right, as many mom-and-pop hyperlocal blogs have demonstrated and as we modeled at CUNY. Patch wanted to scale that. But it went about that the wrong way.

2. Patch could have been a network of independent local sites. That’s what I advised, using the model of Glam, which Samir Arora built into a top-7 internet property not by creating and buying and owning content but instead by building an ad sales network and technology platform that now serves 4,000 independent and sustainable sites (triumphing over iVillage). Patch could have been the local version of that, but in the model of old media, it wanted to own everything. I heard executives there vow to kill the queen of hyperlocal, Baristanet. Now the queen has the last laugh.

3. Patch never played well with others. It was secretive and aggressive. In the NJ News Commons — an open network that I helped start (with aforementioned former queen Debbie Galant and others) — a few dozen sites across the state are now sharing content and audience (and soon, I hope, advertising) using Repost.US and BroadStreetAds. Repost enables sites to make their articles embeddable on other sites. It also enables sites to blacklist other sites that can’t take their content. Most sites I know wanted to blacklist Patch because it had been so nasty to them. In an ecosystem, what goes around comes around to bite you in the ass.

4. Patch sold advertising on its sites in the old-media model. The local advertisers I talked with said it was too expensive and, given the audience, didn’t perform. What Patch could have done was sell not only a network of local sites with more audience, but also a menu of digital services to local advertisers. Our research at CUNY shows that local merchants need more than ads; they need help with their digital presences in Google, Twitter, Facebook, YouTube, and so on. That’s what I’d like to see local sites working on now.

5. Patch was patchy in its editorial quality. This one amazes me. Patch had staffs of editors. It could have trained its local reporters in a system like About.com’s. It could have templated basic coverage — e.g., here are the 10 things you must do when a big storm hits. Some Patches did good work. Some were dreadful. In my first meeting with Patch, I also advised them to get some life, some humanity in what they did. But they thought they were a technology company, that the secret to their success would be their proprietary content management system. No, the secret to success in hyperlocal is passion: caring about your town. That’s always what Patch lacked.

After the fall of Patch, some will say again that hyperlocal has failed but they’d be wrong. Hyperlocal works in town after town. What doesn’t work is trying to instantly scale it by trying to own every town in sight. That was Patch’s fatal error: acting like an old-media company.

Hyperlocal works on a hyperlocal level. It’s damned hard work, as any hyperlocal proprietor will tell you. Last week, I went to the first Christmas party for the NJ News Commons and like a proud Frankenstein, I scanned a room filled with people who work hard to cover the towns and topics they care about. This term, I had two hyperlocal sites from New Jersey in my entrepreneurial journalism class at CUNY and they both need help to get their marketing and revenue strategies working. Next term, we have a handful of would-be hyperlocal entrepreneurs and we’ll work hard to get their model right. Hyperlocal is a matter of fighting for the next hill.

Hyperlocal will scale — as it is only beginning to in New Jersey — by helping these independent sites in a larger news ecosystem bring together their content, audience, advertising sales for mutual benefit. Patch could have been that network. Instead, it thought it could own — it could be — the ecosystem. Nobody can do that.

The technologists’ Hippocratic oath

The Guardian asked me for commentary on the letter to the White House and Congress from eight tech giants about NSA spying:

Whose side are you on?

That is the question MP Keith Vaz asked Alan Rusbridger last week when he challenged the Guardian editor’s patriotism over publishing Edward Snowden’s NSA and GCHQ leaks.

And that is the question answered today by eight tech giants in their letter to the White House and Congress, seeking reform of government surveillance practices worldwide. The companies came down at last on the side of citizens over spies.

Of course, they are also acting in their own economic (albeit enlightened) self-interest, for mass spying via the internet is degrading the publics’, clients’, and other nations’ trust in the cloud and its frequently American proprietors. Spying is bad for the internet; what’s bad for the internet is bad for Silicon Valley; and — to reverse the old General Motors saw — what’s bad for Silicon Valley is bad for America.

But in their letter, the companies stand first and firmly on principle. They propose that government limit its own authority, ending bulk collection of our communication. They urge transparency and oversight of surveillance, which has obviously failed thus far. And they argue against the balkanization of the net and the notion that countries may insist that data respect national borders.

Bravo to all that. I have been waiting for Silicon Valley to establish whether it collectively is a victim or a collaborator in the NSA’s web. I have wondered whether government had commandeered these companies to its ends. I have hoped they would use their power to lobby for our rights. And now I hope government — from Silicon Valley’s senator, NSA fan Dianne Feinstein, to President Obama — will listen.

This is a critical step in sparking real debate over surveillance and civil rights. It was nice that technology companies banded together once before to battle against the overreaching copyright regime known as SOPA and for our ability to watch Batman online. Now they must fight for our fundamental — in America, our Constitutional — rights of speech and assembly and against unreasonable search and seizure. ’Tis a pity it takes eight companies with silly names to do that.

Please note who is missing off this list of signators: Google, Facebook, Twitter, Yahoo, Microsoft, Aol, Apple, LinkedIn. I see no telecom company there — Verizon, AT&T, Level 3, the companies allegedly in a position to hand over our communications data and enable governments to tap straight into internet traffic. Where is Amazon, another leader in the cloud whose founder, Jeff Bezos, now owns the Washington Post? Where are Cisco and other companies whose equipment is used to connect the net and by some governments to disconnect it? Where are the finance companies — eBay, Visa, American Express — that also know much about what we do?

Where is the letter to David Cameron, who has threatened prior restraint of the Guardian’s revelations, and to the members of the Parliament committee who last week grilled Rusbridger, some of them painting acts of journalism — informing citizens of their governments’ acts against them — as criminal or disloyal? Since they urge worldwide reform, I wish the tech companies would address the world’s governments, starting with GCHQ’s overseers in London.

And where are technologists as a tribe? I long for them to begin serious discussion about the principles they stand for and the limits of their considerable power. Upon learning that government had tapped into communications lines between their own servers, two Google engineers responded with a hearty “fuck these guys.” But anger is insufficient. It is not a pillar to build on.

Computer and data scientists are the nuclear scientists of our age, proprietors of technology that can be used for good or ill. They must write their own set of principles, governing not the actions of government’s spies but their own use of power when they are asked by those spies and governments — as well as their own employers — to violate our privacy or use our own information against our best interests or hamper and chill our speech. They must decide what goes too far. They must answer that question above — whose side are you on? I suggest a technologists’ Hippocratic oath: First, harm no users.

Repost me

I have been a huge fan of Repost.US — which makes articles and blog posts embeddable just like YouTube videos, carrying with them the creator’s brand, revenue, analytics, and links. Thanks to my son, I have at last joined the Repost network so you can embed my articles in your blog just by clicking the Repost button. To demonstrate, here’s a post from EFF embedded here at Buzzmachine — appropriately, one about the wisdom of fair use….

Dancing Baby Files Opening Brief in DMCA Abuse Appeal (via EFF)

Stephanie Lenz’s effort to hold Universal Music Group accountable for abusing the Digital Millennium Copyright Act (“DMCA”) to take down a home video of her toddler “dancing” to Prince in the kitchen is one step closer to fruition. Today,…


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Past the page

Watch this video and be astounded by what you can do with questions and answers, orders and actions, curiosities and information in voice using “OK, Google” (or, if you prefer, as I do, “OK, Jarvis”).

Now think about the diminished role of the page and what that will do to media. We publishers found ourselves unbundled online, so we shifted from selling people entire publications to trying to get them to come to just a page — any page — and then another page on the web, lingering long enough to shove one more ad at their eyeballs.

But just as the web disintermediated physical media, voice disintermediates the page. But media still depend on the page as their atomic unit, carrying their content, brand, ownership, and revenue. Now, when you want to know the score of the Jets game — if you dare — you don’t need to go to ESPN and find the page, you just say, “OK, Google. What’s the Jets score?” And the nice lady will tell you the bad news.

Now let’s go farther — because that’s what I live to do. Let’s also disintermediate the device. There’s nothing to say that you need to speak to your device to do this as long as you can get your question to Google in the cloud. So imagine that you carry with you a transponder that broadcasts your identity — it could be a phone or Google Glass or a watch or just a card in your wallet, if you still need a wallet — so that when you walk into a connected room, you can simply say out loud, “OK, Google,” and ask your question and you’ll get an answer from whatever device happens to be listening. You can be in a rental car that knows you’re you and tell Google to add a calendar item or make a phone call or look up a fact and you’ll not have to see a single page. Star Trek didn’t navigate the universe through pages.

So there’s the next kick in the kidneys to old media. There’s another reason to build relationships with people so we can be their agents of information rather than just manufacturers of pages filled with content. Page? Content? What’s that?

Oversight by conscience

Here’s a post I wrote for the Guardian this week….

Official means of oversight of American and British spying have failed. So we are left with the protection of last resort: the conscience of the individual who will resist abuse of power or expose it once it is done.

At the Guardian Activate conference in New York last Wednesday, I moderated a heated panel discussion about the NSA affair with former U.S. Senator Bob Kerrey, a member of the 9/11 Commission; Prof. Yochai Benkler, codirector of the Berkman Center for Internet & Society at Harvard; and journalist Rebecca MacKinnon, a New America fellow.

Screenshot 2013-11-24 at 8.01.05 AM

“We do not have appropriate mechanisms to hold abuse accountable,” MacKinnon said, and to more or lesser degrees, the panelists agreed that oversight is at least too weak. Said Benkler: “The existing systems of oversight and accountability failed repeatedly and predictably in ways that were comprehensible to people inside the system but against which they found themselves unable to resist because of the concerns about terrorism and national security.” Kerrey: “I don’t think we’re even close to having unaccountable surveillance [but] I don’t think it’s good oversight.” I’ll count that as consensus. We then checked off the means of oversight.

* Executive-branch oversight is by all appearances nonexistent.

* Congressional oversight didn’t exist before Watergate, Kerrey said, and when it was established it was made intentionally weak. It should be conducted, he said, “under a constant, militant sense of skepticism.” The clearest evidence that the authority that exists is not being used, he said, is that in the Snowden affair, not a single subpoena has been issued from either the House or Senate select committees.

* The secret FISA courts have proven to be rubber stamps using invisible ink — their justices sometimes concerned or reluctant, Benkler said. But they have been largely ineffectual in any case.

* Journalistic oversight is the next resort. But as MacKinnon stressed, the work of the journalist investigating spying is threatened by the spies themselves as they collect metadata on any call and message and reconstitute raw internet traffic so that no reporters and no sources can be certain they are not being watched unless they find woods to walk in.

So we are left with the whistleblower. “What the whistleblower does is bring an individual conscience to break through all of these systems,” Benkler argued. “It can’t be relied upon as a systematic, everyday thing. It has very narrow and even random insights into the system. But it can be relied upon occasionally to break through these layers of helplessness within the system.”

But this oversight, too, is jeopardized by the severe penalties suffered by Chelsea Manning and the label of traitor pasted on Edward Snowden.

“There’s no question Snowden violated U.S. law,” Kerrey declared in our panel, “and there has to be consequences to that.”

Benkler disagreed, arguing the case for amnesty. “There is a law but the law is always affected by politics and judgment,” he said. “Clearly when someone opens up to the public a matter that is of such enormous public concern that it leads to such broad acceptance of the need for change and for reform, that person ought not come under the thumb of criminal prosecution.”

There we tried to find the line that enables acts of conscience and civil disobedience to keep watch on the powerful. Benkler imagined “a core principle that when a whistleblower discloses facts that actually lead to significant public debate and change in policy — that is to say a public rejection whether through judicial action or legislative action; a reversal — that is the core or heart of what needs to be protected in whistleblowing.”

Kerrey again disagreed, drawing a parallel between Edward Snowden and Klaus Fuchs, who handed secrets on the atomic bomb to the Soviets, Kerrey contended, also out of conscience. Benkler in turn drew a line between revealing information to the public, serving democracy, and revealing secrets to an enemy. Kerrey responded that Fuchs, like Snowden, caused public debate. Benkler thought the rule could be written; Kerrey did not. You can see that we failed to find the line.

But I want to take this discussion beyond whistleblowing — beyond the past tense — the the present tense of objecting to the work one is required to do before it is done. “At what point does conscience require a person to refuse to act in a certain way that they consider completely acceptable in the system they’re in but they find completely unacceptable to their conscience?” Benkler asked.

Kerrey countered: “I don’t think every time you get a team of people working on the danger [to national security], one person can say, ‘Oh, I don’t like what we’re doing,’ and as an act of conscience blow everything we’re doing and say we’re not going to be prosecuted.”

But we must find the room for conscience to act as the check on power without facing 35 years in prison or life in exile or irreversible jeopardy to our security. We must be able to expect the honest technologist working in the bowels of Google or telecom provider Level 3 or the NSA or GCHQ to define a line and refuse to cross it. Can we expect that?

In recent testimony before Congress, Gen. Keith Alexander said the NSA is the nation’s largest employer of mathematicians — or to be exact, 1,103 mathematicians, 966 PhDs, and 4,374 computer scientists.

Where is the code of ethics that governs their work in breaking into our communication or breaking the encryption we use to protect it? Where is the line they will not cross? Doctors have their codes. Even we journalists have ours (and though some apparently never imagined a clause relating to phone hacking, others found it for them).

We have heard two Google engineers tell the NSA to fuck off for — according to Snowden’s documents — infiltrating internal traffic between servers at Google and Yahoo.

Does this challenge to the NSA give us confidence that others at Google will tell the NSA “no”? But who said “yes” to Project MUSCULAR, in what company? Was that company commandeered by the the NSA and employees with security clearance or was the work done willingly? Why didn’t the technologists who spliced that line say “fuck you”, too? Will they be more willing to do that now that this work is known? And what will happen to those who do stop at the line?

On July 17, 1945, 155 scientists working on the Manhattan Project signed a petition to President Harry Truman urging him not to use the bomb on Japan. “Discoveries of which the people of the United States are not aware may affect the welfare of this nation in the near future,” they said.

They were too late.

Here is video of the panel discussion:

The Future of the Internet from The Guardian on FORA.tv

CMS as media salvation. Not.

linotype

Cross-posting from Medium, for my archives…

It’s almost impossible to overstate the importance of the CMS when it comes to the question of who’s going to win the online-publishing wars.— Felix Salmon

Salmon thus accomplishes the almost impossible, writing an ode to the content management system as he argues that Vox Media, Business Insider, Gawker Media, Buzzfeed, Aol, Glam, and this very medium, Medium, are fighting for dominance with CMSes as their weapons of mass disruption.

Note that at the same moment, Forbes is licensing its CMS and Talking Points Memo celebrates the birth of its CMS. A few days ago, I found myself in an email conversation with a few fellow FONers in which they extolled the strategic advantage of the great CMS.

I will dare to disagree. My reasons….

First, I’ve seen this play before. When CMSes entered American newspapers, I watched first-hand as many wasted millions each developing their own systems because they each thought they were (intone this word as Church Lady) special. But they weren’t. They all put on their pants and and set type like everybody else.

The mid-’70s CMS at the Chicago Tribune was such a disaster that the paper dispatched its Pulitzer-proud reporting task force to investigate how it got so messed up. I witnessed similar knicker-knotting at Hearst and Time Inc. That rabbit hole finally got plugged with the arrival of the Macintosh as a standard publishing platform (my wife set up one of the first big installations when we started Entertainment Weekly in 1990, saving us about $3 million a year and making an enemy of the Time Inc. CMS department).

News people have long been terrible at technology. Now there is a movement afoot to fix that by trying to breed the unicorn hack-hacker (I’m on the side that doesn’t believe every journalist must code) and to concentrate effort on building the perfect — the special — CMS.

The fundamental problem I have is that a CMS is an extension of editorial ego. It’s all about us, about our content, about how we want to make it, how we want to present it to you, how we organize it, how we make money on it, how we protect it.

What we should be doing instead is turning our attention outward, from the content we make (surely after 600 years, we know how to do that) to our relationship with the public we serve and the ecosystems in which we operate.

Indeed some of the systems created by the companies listed above begin to do that. At Buzzfeed, founder Jonah Peretti sees content as a means of connecting people in conversation and his system is built for sharing. Nick Denton at Gawker is using his CMS to flip comments over content. Ev Williams here at Medium wants to enable collaboration — readers helping writers and writers gathering together around ideas.

Salmon is impressed with what Samir Arora has built at Glam and here we strongly agree. Glam is less about making content than making networks. That is the essence of CEO Arora’s vision. That is how Glam grew to be a top-10 net property not through owning and manufacturing content but through serving networks — and not just with technology but importantly with revenue (i.e., ad sales).

Arora’s latest invention, Foodie, is not about making or managing content at all. It is about serving readers by aggregating tempting content (I want these muffins) and serving creators (wherever they are, using whatever system they use) by sending them traffic, also known as people. Arora showed me Foodie and as if often the case with his inspirations, it took me time to digest the implications. Arora told me Glam is “an ecosystem platform.” Chew on that.

Even as much as I’m impressed with these advances, I will still argue that no one has yet taken the next, biggest, and most important step, moving past the idea of managing content to enabling relationships. I’ve been saying this for sometime:

Content is that which fills something. Service is that which accomplishes something. Content starts with the desires of creators to make things. Service start with the needs of clients to achieve outcomes.

Service is built on relevance. Relevance comes via relationships: knowing enough about someone so you can learn how to serve them better, more effectively, more efficiently, with less noise, greater value.

Google understands that. Media do not.

Google, thanks to Waze, intuits where I live and work. My own local newspaper does not know that!

Google serves me with ever-more-exacting relevance, anticipating my needs before I do (telling me exactly how long it will take to get home this afternoon). My local newspaper gives me the same stuff it gives everyone else in exactly the same way.

Google treats me as an individual. Media treat me as a member of a mass.

The key skill that we in media are missing is not how to manage content but how to build relationships.

I’m not suggesting now that every newspaper turn around and stop building CMSes and start boning up on CRM (customer relationship management). No, the tools to build profiles of customers already exist — most media companies I know use Salesforce already to manage relationships with advertisers, why not with readers? The tools for targeting what is served to users already exist — most media companies use them, again, to serve advertising, but why not content?

We should at least begin by giving people reasons to reveal themselves to us because we give them value in return. We should understand how to build profiles around that knowledge and act on it for the benefit of users — and also for our benefit with higher value advertising or commerce. That is all doable today. Off the shelf.

But that is just the start. Next, we should take inspiration from Doc Searls’ VRM (vendor relationship management) movement, figuring out how the public should manage us so we can serve them better. We should learn by example from Waze, Twitter, Reddit, Instagram, Craigslist, Facebook, et al and explore the value of offering platforms to communities so they can do what they want and need to do (“elegant organization,” Mark Zuckerberg calls that), with us adding journalistic value to the flow of information that now can exist without us.

If you have media ambitions and want to build an application, build something that is useful to the public, not us. No one in the public will value us because of the CMS we made. They couldn’t and shouldn’t give a damn.

What we have to advance is not our technical skills but our culture: our social skills.

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.