The real issues behind the UK’s super-injunction row: how digital is disrupting the law.

May 24th, 2011

Dreamstime 136877Gag The farcical dispute between the UK judiciary and parliament this week surrounding injunctions and gagging orders masked the real issue: the end of media control of dissemination of information.

In years to come we may regard May 2011 as a milestone moment in marking the progress of digital and social media on how information reaches us.

For those living offgrid or outside the UK here’s a brief summary of events:
-Footballer takes out a ” injunction” (an injunction whose very existence can not even be mentioned) to prevent news getting out of his alleged affair with a TV celebrity Imogen Thomas
-Sources close to the story are alleged to have leaked details via Twitter
-Footballer’s name is mentioned in tweets by more than 75,000 users and many bogus accounts are set up in both his and Thomas’s name
-Media object strongly to the fact that they are unable to name the footballer while it is common knowledge thanks to social media
-A Member of Parliament (MP) names the footballer on May 20, using “Parliamentary Privilege” or the right of MPs to discuss freely what they want. It can then be reported on.

Right now the traditional media, who have a vested interest in the affair, are portraying this as a battle between, on the one hand, press freedom and noble parliamentarians, and on the other, the out of date judiciary and powerful figures in public life.

This is a distraction: the real issue – and the long-lasting learning from this affair – is that we have clear, tangible evidence that traditional media no longer control dissemination of news and information.

We are now to have an investigation and a debate around privacy, fuelled by years of questionable tabloid intrusion into the personal lives of those in the public gaze.

At the same time, Lord Chief Justice Lord Judge has said. “Modern technology is totally out of control.” His comments belie a lack of understanding about the realities of consumer behaviour and the power of social media.

The fact that Lord Judge calls the internet and social media – used by billions across the planet from all social strata “technology” – marks him out as an anachronism. Yet his comments also demonstrate the steep learning curve that he and his colleagues will confront in years to come, as the public take over the primary role of disseminating information.

Here are the learnings which all parties must take to heart in order to strike the right balance in the forthcoming debate:

-digital media is not territorial. Pre-digital, it was possible to prohibit national media from printing or broadcasting within a territory. Injunctions in one territory can not prevent the spread of information to others without the degree of censorship which China and other nations impose.

-social media channels are not “media”. Social media content is the conversation all around us translated into digital form. It is made up of individuals and their connection to others, through real-world relationships or common interest. Injuncting and suing individuals may have legitimate grounding in law, yet, the reality of being able to identify and injunct either a service with tens of millions of users, or those users individually, is as unworkable as preventing file-sharing has proven. It’s as viable as gagging each and every one of us.

-users will continue to create and share information, irrespective of the law. Prior to the advent of digital and social channels, the public had limited control over how they responded to print and broadcast information. Now users themselves create information, often in advance of traditional media (the Egyptian revolution and the raid on Osama Bin Laden’s compound providing us with just two examples.

Users will also play an increasing role in broadcasting, disseminating and curating information. To those in traditional media, law-making and enforcement this is an inconvenient truth. Yet once we recognise and accept that “technology” has disrupted and changed the relationships between news and individual we can start to have an informed debate about the implications of these behaviours and the actions we need to take.

Escaping the Tyranny of Data Roaming

March 18th, 2011

Mobile operators need to get out of the way and find new models which put the new wave of mobile, hyper-connected consumers first when using data services abroad.

Picture the Scene

Dreamstime 3532091

A handful of mobile visionaries, luminaries and hangers-on emerge from a restaurant in Barcelona’s Barrio Gotico on the eve of Mobile World Congress.

Bodies satiated with salted cod and minds satisfied with the cut and thrust of friendly debate, we emerge into the warm night.

It’s been a challenge, but I’ve done my best to neglect email and social networking for the night and instead give my full attention to my fellow diners. Now, I reach for and check for messages on one of my one of my two indispensable smart phones.

“Beware of the pickpockets” a wise friend of mine cautioned. “They’re in the skies as well as in the streets.”

His witty remark struck a chord with me; earlier that evening my mobile network had advised me that I was fast approaching my 10 mb data roaming limit after only a day and a half out of the country. It was painful too, as before setting off I had phoned my operator in the hope of securing the cheapest way possible of using my smartphone abroad.

This is not a personal gripe about the cost of data roaming. Let’s face it, I can afford it and it’s part of the cost of doing business. It’s more a reflection on how this pain point for me is one which will be shared by a growing number of connected customers, and how the industry needs to respond before consumers and their watchdogs take an interest.

Working in digital strategy and services and means that my data consumption habits veer towards the early adopter on the distribution curve. Yet what marks you out as a geek / techno addict one year very rapidly becomes the norm. I suspect that in two years’ time my behaviour will not seem abnormal. Right now I’m seeing “non-techie” friends instinctively use downloadable maps, share experiences in real-time through audio, video and photos or use location and context to enrich social profiles on a real-time basis.

Analyst Mary Meeker, now of Kleiner Perkins Caulfield Byers, has assembled what I believe are set of irrefutable arguments on how and why we are entering the age of seamless mass mobility which has eluded us for the last decade.

Smart devices are affordable and usable. Attractive and often addictive new services are gaining consumer traction, and investments being made in connectivity via WiFi and LTE. This all adds up to a huge future for mobile connected services.

Unless, that is you choose to go abroad.

In the early days of data services, enterprise, not consumer demand drove the thinking of mobile operators, OpCos could be assured of corporate customers who would cover the cost for data roaming.

Yet future demand for network services is going to come overwhelmingly from the consumer segment. That’s the consumers who like cheap short-hop flights, book hotels themselves and who who get withdrawal symptoms after two hours away from FaceBook.

These customers are already developing the habit of sharing richer information at the points of inspiration, curiosity and frustration. In their home markets they’re connected to capped or unlimited data plans and bathed in WiFi at home, college and work.

Yet go across a border, and this feast turns into a famine: data charges must be eked out by the byte.

Operators can create more value if they stand aside.

Fuelled mainly by the threat of action by the EU and the crusading attitude of commissioner Viviane Reding, European operators have moved to greater transparency in data roaming for voice and text.

Yet data charges have been notably absent from the discussion, possibly because consumers have yet to encounter the “bill shock” from data roaming. Perhaps for the first time, this summer’s travellers, armed with smartphones and their social media addiction, may produce a similar same outcry as that €10 three-minute call home did in the middle of last decade.

Through consolidation, many of Europe’s networks are under common ownership, with Vodafone, Telefonica, France Telecom and Deutsche Telekom in a position to create attractive packages for their European users. From a commercial and technical standpoint the excuses for high data roaming will prove unsustainable.

Retention is now, more than ever, the metric to which operators pay attention. Offering great value voice and text packages for an assured monthly spend is now an accepted way of keeping customers. Through consumer demand (and the threat of intervention from the EC), voice roaming costs can now be controlled and made transparent with add-on packages.

Data roaming, by contrast is an anachronism, with overbearing charging models driven by the operator’s outdated models of recouping investment costs.

Mobile operators in Europe have a unique opportunity to enjoy the huge rewards from massive upturns in demand for data connectivity. In a united Europe with powerful telcos, this connectivity needs to be as seamless as services it supports. Operators need to ensure they capture that opportunity and deliver services which reflect consumer needs in this decade, not the outmoded commercial relationships and technologies of the last.

Epilogue

As for me, the rest of the trip was spent practicing mobile digital abstinence, holding out on that extra tweet or foursquare check-in until business need demanded it, or at least until I reached the safety of hotel or free public wifi. Photo uploads were banned in favour of side loading, and I didn’t even allow myself to think about sharing that video to my mobile me locker. It may have been a small loss to the world, missing out on the “wall of ham” pictures from the sidestreets. But it was, in every sense, an unwelcome and uncomfortable step back to the days of tyranny in data roaming.

Photo credit: © Chrisharvey | Dreamstime.com

API strategies

February 17th, 2011

This presentation stands on its own but I’m reliably informed its delivery by Sam Ramji adds a fourth dimension. Essential reading for anyone in the business of creating and delivering digital services.

Anyone looking for an example of a radical new idea, simply explained in a narrative and pictorial style should look no further.

Mary Meeker’s Top Mobile Trends

February 17th, 2011

This needs no commentary.

Read, view and download from slideshare. The reference view from Mary Meeker, now at Kleiner Perkins

Twitter Weekly Updates for 2010-12-06

December 6th, 2010
  • 50 Percent of Smartphones Sold in China Last Quarter Run Android Digital Daily | AllThingsD http://ow.ly/3jTHw OS choice for the #o3b #
  • 3times in the last two weeks i have heard snr media exec say "i wish we'd started earlier with #apps " i feel a self- righteous blog cominf #
  • McDonald's geo-targeted campaign proves context is king in mobile: keynote – Mobile Commerce Daily – Advertising http://ow.ly/3iR4S #
  • StatCounter: BlackBerry beats iOS in mobile web usage – FierceMobileContent http://ow.ly/3iDpJ #
  • #facebook namechecking #appsfire as property which exploits social. #
  • #appsworld launching #facebook deals in closed alpha on top of places. "we are a money in the till service" #
  • #appsworld #facebook places api allows read write accesses. #
  • #appsworld #facebook launching single sign on to apps on device. Iphone and android. fb as enabling platform. #
  • #like button creates a node for social web. Hear 400 pc increase in traffic to enabled sites. Enabling on mobile. #appsworld #
  • #facebook 3rd strategy. Recruit developers. On web has huge successes with social plug ins which has fuelled huge success and valuation. #
  • #facebook mobile make broader and cheaper. Make low bandwidth version of fb and zero rate. attracted 300 mobile operators. #
  • #facebook mobile strategy. Avoid silos around individual apps. .go deeper into device. #appsworld #
  • 200m monthly active mobile users on #facebook 50pc of mobile time spent on facebook acc to uk gsma. #appsworld #
  • Av mobile user of #facebook twice as enganged with fb as other users. #appsworld #
  • 200m monthly active mobile users on #facenook 50pc of mobile time spent on facebook. #
  • #appsworld #facebook from flat html links towards 3d social graph. Serendipity of going to new sevices and bringing friends with you. #
  • Peter Swain at #appsworld standing in for mtv no show. Good impro but stretching it thin… #
  • #appsworld #shazam forced early release of fyfe dangerfield due to use of track in john lewis ad. #
  • #appsworld Large numbers of audience are looking to enter this for the first time. suggests large no. of players looking for insight. #
  • #appsworld mktg panel; we are apps partner Malone. Can't spend enough time on thought process and on testing. #
  • #appsworld orange: iphone4 data usage 43percent more than iphone 3gs #
  • Jane linton of Imano at @apps_world: how apps built utility value for Stella Artois. Cost Pr touch point w/ consumer down to $0.09 via apps #
  • Jane linton of Imano at @appsworld: how apps built utility value for Stella Artois. Cost Pr touch point w/ consumer down to $0.09 via apps. #
  • I am at @apps_world. Olympia. Jane Linton of @Imano talking about integrating through the line. #
  • I will be at @Apps_World tomorrow. DM me if you want to meet up. #
  • Sony looks to apps to rebuild e-reader market share – GSMA Mobile Business Briefing http://ow.ly/3gSa9 ends flat earth Society? #books20 .. #
  • New Nokia EVP/CMO Jerri DeVard has "mulitcultural marketing" experience in US brands Verizon, Citigroup, Harrahs. Hmm.. http://ow.ly/3gEPp #
  • The Key to an Effective Engagement Strategy: PATIENCE | Digital Book World http://ow.ly/3gEHS effective engagement involves more than… #
  • Excellent points on mobile UXP from M Poepsel: 3 models for mobile presence – Mobile Commerce Daily – Columns http://ow.ly/3gEDB #

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