This blog post is the third of a four-part series on the Hotel California Scenario for future social, local and mobile media, apps, platforms, and solutions (SOLOMO). In the first post, I likened lyrics from The Eagles Hotel California to a future SOLOMO scenario where the User is the Interface, The World is the Computer, and the Situation is the Network. The second post suggested that it will be increasingly possible to do an “end-around” your smartphone passcode lock to access the sophisticated, powerful and user-friendly data mining that play a central role in the highly personalized experience we are coming to expect. This third post explores legalities and practicalities of privacy rights, emerging use cases, and possible outcomes. I am not an attorney, nor consider myself an expert on digital privacy, but I can read the tea leaves on where we are headed.
Can Anyone Keep Up with Privacy TOS?
The companies creating what I am calling the Hotel California future want to provide you with offerings that you will pay for because they improve lives and business performance. There will be other less obvious costs as well, highlighted ahead.
New SOLOMO product introduction is rampant and adoption is rapid. Generally, this indicates that no one wants to be labeled a Luddite, and expectations are high that new technology delivers advantages. In this type of insatiable market setting, who has time to read every line of a Terms of Service (TOS) document, or to recheck boxes every time privacy rules change?
In the last post, I covered how data mining will be done regardless of passwords and passcodes. NetFlix just succeeded in changing a law to allow sharing of your viewing history on social media. This means, figuratively for now, that your television can watch and report on you, and most people do not even own connected TV’s yet. There appears to be some sort of after the fact opt-in clause that is unclear to me, however, it must be renewed every 2 years. Is the renewal of your privacy rights on everything from robocalls to social media platforms to television to perhaps offline shopping eavesdropping really going to be programmed into everyone’s to do lists?
Moreover, if you download an app that you only use once and then shelve with the other 100 apps, don’t be surprised if the TOS you agreed to when downloading the app allows continued data mining and/or rights to your data. Repeatedly forgoing these rights, whether through the TOS or expiration of opt-ins, is a cost of your new free service or inexpensive app.
The free and freemium service platforms and apps that are so helpful to us can also require approving lengthy CYA terms of service so protective that you’d need a team of lawyers to distinguish the egregious from the simply liberal. Of course, a quick policy change can turn what is the simply liberal today into the egregious tomorrow. At some point, regressive analytics turned into predictive analytics and that will soon give way to persuasive analytics – how do we get you to buy a product you would not ordinarily try, or go somewhere you would not ordinarily go? This has been a core goal of any marketing for decades, but the manners in which it will be done are changing rapidly. For example, which friends can we enlist, knowingly or otherwise, to persuade you using new forms of digital multi-level marketing? Does anyone really think that last month’s Instagram policy over-reach on their rights to market using your photos will never be repeated by another friendly startup with an innocuous cartoon logo? Changing policies that affect how others view you are another cost of using free platforms.