How?

Caveat Lector: this is a rough draft of my thinking on what a Portability EULA/ToS should say/do/include. Please comment. In the EULA/ToS task force, we are exploring ways of explaining portability with simple analogies. - Phil

We’ve discussed Graceful Exit, the ability for people to control their departure from a site or . . . → Read More: Open Arms: a data portability approach]]>

Caveat Lector: this is a rough draft of my thinking on what a Portability EULA/ToS should say/do/include. Please comment. In the EULA/ToS task force, we are exploring ways of explaining portability with simple analogies. - Phil

We’ve discussed Graceful Exit, the ability for people to control their departure from a site or service.

Open Arms starts at the beginning of your relationship with a service. Let’s summarize it, break it apart, and explain why this is a powerful way to do business.

Open Arms is a combination of policy and technology.

The policy says:

When you come to our site,
bring all of yourself.
We’ll help you put it to use
in our context.
We’ll make it easy to come.
We’ll keep it safe.
We’ll respect ownership as you see it.

What you add while you are here
will join your collection
and be portable in turn.

The elements.

All of yourself.

Bring your identity, your contacts, your history with your contacts, your photos and videos, your playlists, everything digital.

We’ll ignore what we cannot use.

Put it to use in our context.

Every site has a context.

• Things it does
• Purposes people share
• Community standards of behavior.

For example:

• Monster brings work and workers together.
• Flickr helps people manage what comes out of their cameras.
• YouTube is a community of video.
• QuickBooks helps you manage your business.
• Chemistry helps you find true love.
• Amazon and eBay bring buyers and sellers together.

We need your data. These sites could help you do more and do it smarter with more and fresher and truer information from you. Monster could create team job search features if it knew your social graph. Chemistry could be more accurate if it had your music and video playlists.

Our sites are verbs. We do things. The more data you bring, the richer the data, the fresher and more standardized the data, the more we can do, the more creative we can be.

Most people don’t try new sites because it’s hard to recreate data. Especially for every site you visit.

Easy.

So for Open Arms to work,  bringing your onlife to each site you join must be fast, simple, easy, and obvious. And correct.

Safe.

We will protect everything you share. We will protect it from damage, theft, natural disaster, financial ruin, legal physical threats, from legal threats, from Martian invasion. As best we can. And we’ll explain the threats we perceive and how we’re protecting you and your onlife from them.

Ownership as you see it.

“Ownership” is a tricky word: it means one thing to lawyers, something else to most people. Our online and mobile social experiences are a little ahead of the law. So all we can do is try to the right thing for you and for all of our guests.

We’ll respect that your stuff is only “mostly” yours and that you may not have permission to share them with strangers. You may not have permission from the subject of a photo, or their parents. You may have clipped a blog post to share under fair use, but not for general distribution. You may have a confidential email that could endanger lives if leaked.

We will assume everything you bring is private to you and that you will tell us what can be shared, with whom, and under what conditions.

We’ll make it easy for you to re-use your choices, so you don’t have to explain yourself everywhere you go.

Portable in turn

Reciprocity works. So we’re going to share with other sites the part of your onlife you spend with us, as you see fit. So you never feel we’re holding your data hostage.

What’s next?

So, we’ve “Open Arms” at the start of our relationship and “Graceful Exit” at the end. Next up “Ever Fresh” in between.

“Open Arms” written by Steve Perry and Jonathan Cain, Journey (1982)

Lying beside you, here in the dark
Feeling your heart beat with mind
Softly you whisper, you’re so sincere
How could our live be so blind
We sailed on together
We drifted apart
And here you are by my side

So now I come to you, with open arms
Nothing to hide, believe what I say
So here I am with open arms
Hoping you’ll see what your love means to me
Open arms

Living without you, living alone
This empty house seems so cold
Wanting to hold you, wanting you near
How much I wanted you home

But now that you’ve come back
Turned night into day
I need you to stay.

(chorus)

The power landlords have over tenants is overwhelming, unless restricted by law. The argument: if they want to shut down a service, essentially evicting users, . . . → Read More: Graceful Exit: The Power to Fight Eviction]]> Online Eviction

Jason Scott’s Protection From Online Eviction? and his follow up post make the argument that services like AOL, MySpace, flickr, or Skype should be treated like landlords.

The power landlords have over tenants is overwhelming, unless restricted by law. The argument: if they want to shut down a service, essentially evicting users, they should be required to give notice and keep things running for a year.

This would allow people to safely migrate their digital objects like photos and videos and blog posts, renew relationships with people in their contacts and agree on where to move, file change of address notices for their businesses, and otherwise minimize the logistical, economic, political, emotional, and familial havoc forcible ejection can create.

Death and Taxes

Should Terms of Service (TOS) defend a user from data loss? from identity nullification? from contact list deletion? from history erasure?

The closure of the Skypecasts service is the example from Skype history that comes to mind. Skype could have given more notice, preserved the site for archival purposes, turned off commenting and new sessions, allowed people to extract contact lists.

Might Skype have designed Skypecasts services with “graceful exit” in mind?

Everything dies. Plants, animals, families, civilizations. Even businesses and web sites.

It’s wise to acknowledge mortality and plan for service end-of-life. And it’s prudent to build societal safeguards outside of company-issued boilerplate.

From a company’s view, it’s like setting aside resources for taxes you know you must pay later. Or contingency funds in a project budget.

Maybe this is green service design. Designing web products for recycling and reuse.

It was time for Skypecasts 1.0 to die. What was the right way for Skype to retire the service? How could they have preserved user equity in data and the social capital created through use of the Skypecasts services?

What is the moral thing to do?

The question is broader than the one product.

It goes to the tension between consumer rights, enterprise service rights, and the health of our society. For example, if a province decides to demolish your building, you have many rights under law to contest that decision. In the US, many cities have laws about protecting historic landmark buildings.

In my case, as a user of Google mail, I have no power over Google. If they decide to cancel my account, delete my email or spam all my contacts, that’s within their power. They don’t need to give notice, or offer me a chance to back everything up. Nobody outside Google will hear my appeal or listen to my concerns.

Societies, civilization and economies have an interest in protecting and preserving the intellectual work of individuals. Even family photos, business blogs, and the most idiotic of forums have value. Value to their creators, value as history, value even as part of the creative commons.

Action.

So what can be done to redress this imbalance of power? I’ll suggest six things, by no means a complete or even feasible list.

First, intervene. ArchiveTeam.org is a rapid response team. They will respond to a pending shutdown by backing up as much as they can. They are a volunteer team but just starting. I can easily imagine this being a not-for-profit or a government agency.

Second, prevent. Promote exit strategies in project and product design. This is an education program for product managers. Knowledge about the issues, checklists for planning and conducting a graceful exit, forums for getting help, directories of certified Graceful Exit professionals.

Third, commit. Write model language for EULAs and TOSs. After a company implements preventive measures, give them the language for making promises legally. Plain language, lawyer approved. Even a badge to show at registration to give that safe, comfortable feeling.

Fourth, insure. Create a mutual insurance fund. Put money into a pool to pay for recovery and distribution of digital assets if you should shut down a service. Coverage is proportional to the number of clients and the size of their assets. Risk factors include the health and activity of your business, how well you’ve engineered preventive measures (discounts for readiness). Money may be paid to outfits like ArchiveTeam.org. Insurance spreads risk, but proper tweaking of rates can incent better behavior; fire insurance led to fire codes (prevention) and fire departments (remediation).

Fifth, advocate. The cause needs a forceful voice for consumers. When companies, large or small, threaten to willfully destroy their customer’s digital works, they should be educated, persuaded, and publically shamed as needed. I’m thinking some cross between Electronic Frontier Foundation and Consumers Union.

Sixth, enforce. Teeth, if you will. I want laws that enshrine cherished principles and adapt to changing times and fluid technologies. Injunctive relief is a powerful incentive to do the right thing. Class actions in the public interest might convince the reluctant to do the right thing.

P.S. Dave Winer was the first person to bring this to my attention as an issue, eight or nine years’ ago. His response was to create a specification to hold your structured data from his manila blogging services and features that let you backup your blog in one step.  Thanks, Dave.

P.P.S. While I’m on DPP.org’s steering group, these are my words and may, or may not, be the official view of The DataPortability Project.