There is no “market solution” for ethics
We saw what happened in finance with self-regulation and ethics. Let’s prepare for the exact same thing in big data.
Remember back in the 1970’s through the 1990’s, the powers that were decided that we didn’t need to regulate banks because “they” wouldn’t put “their” best interests at risk? And then came the financial crisis, and most recently came Alan Greenspan’s recent admission that he’d got it kinda wrong but not really.
Let’s look at what the “self-regulated market” in derivatives has bestowed upon us. We’ve got a bunch of captured regulators and a huge group of bankers who insist on keeping derivatives opaque so that they can charge clients bigger fees, not to mention that they insist on not having fiduciary duties to their clients, and oh yes, they’d like to continue to bet depositors’ money on those derivatives. They wrote the regulation themselves for that one. And this is after they blew up the world and got saved by the taxpayers.
Given that the banks write the regulations, it’s arguably still kind of a self-regulated market in finance. So we can see how ethics has been and is faring in such a culture.
The answer is, not well. Just in case the last 5 years of news articles wasn’t enough to persuade you of this fact, here’s what NY Fed Chief Dudley had to say recently about big banks and the culture of ethics, from this Huffington Post article:
“Collectively, these enhancements to our current regime may not solve another important problem evident within some large financial institutions — the apparent lack of respect for law, regulation and the public trust,” he said.
“There is evidence of deep-seated cultural and ethical failures at many large financial institutions,” he continued. “Whether this is due to size and complexity, bad incentives, or some other issues is difficult to judge, but it is another critical problem that needs to be addressed.”
Given that my beat is now more focused on the big data community and less on finance, mostly since I haven’t worked in finance for almost 2 years, this kind of stuff always makes me wonder how ethics is faring in the big data world, which is, again, largely self-regulated.
Examples of how awesome “transparency” is in these cases vary from letting people know what cookies are being used (BlueKai), to promising not to share certain information between vendors (Retention Science), to allowing customers a limited view into their profiling by Acxiom, the biggest consumer information warehouse. Here’s what I assume a typical reaction might be to this last one.
Wow! I know a few things Acxiom knows about me, but probably not all! How helpful. I really trust those guys now.
Not a solution
What’s great about letting customers know exactly what you’re doing with their data is that you can then turn around and complain that customers don’t understand or care about privacy policies. In any case, it’s on them to evaluate and argue their specific complaints. Which of course they don’t do, because they can’t possibly do all that work and have a life, and if they really care they just boycott the product altogether. The result in any case is a meaningless, one-sided conversation where the tech company only hears good news.
Oh, and you can also declare that customers are just really confused and don’t even know what they want:
In a recent Infosys global survey, 39% of the respondents said that they consider data mining invasive. And 72% said they don’t feel that the online promotions or emails they receive speak to their personal interests and needs.
Conclusion: people must want us to collect even more of their information so they can get really really awesome ads.
Finally, if you make the point that people shouldn’t be expected to be data mining and privacy experts to use the web, the issue of a “market solution for ethics” is raised.
“The market will provide a mechanism quicker than legislation will,” he says. “There is going to be more and more control of your data, and more clarity on what you’re getting in return. Companies that insist on not being transparent are going to look outdated.”
Back to ethics
What we’ve got here is a repeat problem. The goal of tech companies is to make money off of consumers, just as the goal of banks is to make money off of investors (and taxpayers as a last resort).
Given how much these incentives clash, the experts on the inside have figured out a way of continuing to do their thing, make money, and at the same time, keeping a facade of the consumer’s trust. It’s really well set up for that since there are so many technical terms and fancy math models. Perfect for obfuscation.
If tech companies really did care about the consumer, they’d help set up reasonable guidelines and rules on these issues, which could easily be turned into law. Instead they send lobbyists to water down any and all regulation. They’ve even recently created a new superPAC for big data (h/t Matt Stoller).
And although it’s true that policy makers are totally ignorant of the actual issues here, that might be because of the way big data professionals talk down to them and keep them ignorant. It’s obvious that tech companies are desperate for policy makers to stay out of any actual informed conversation about these issues, never mind the public.
There never has been, nor there ever will be, a market solution for ethics so long as the basic incentives between the public and an industry are so misaligned. The public needs to be represented somehow, and without rules and regulations, and without leverage of any kind, that will not happen.