How The Friedman Doctrine Leads To The Enshittification Of All Things

We recently wrote about Cory Doctorow’s great article on how the “enshittification” of social media (mainly Facebook and Twitter) was helping to lower the “switching costs” for people to try something new. In something of a follow up-piece on his Pluralistic site, Doctorow explores the process through which basically all large companies eventually hit the “enshittification” stage, and it’s (1) super insightful (2) really useful to think about, and (3) fit with a bunch of other ideas I’ve been thinking about of late. The opening paragraph is one for the ages:

Here is how platforms die: first, they are good to their users; then they abuse their users to make things better for their business customers; finally, they abuse those business customers to claw back all the value for themselves. Then, they die.

He provides a lot more details about this process. In the beginning, companies need users and become successful by catering to their needs:

When a platform starts, it needs users, so it makes itself valuable to users. Think of Amazon: for many years, it operated at a loss, using its access to the capital markets to subsidize everything you bought. It sold goods below cost and shipped them below cost. It operated a clean and useful search. If you searched for a product, Amazon tried its damndest to put it at the top of the search results.

And, especially in the venture-backed world, this is often easier to do, because there isn’t much of a demand for profits (sometimes even for revenue), as the focus is on user growth. So, companies take all that VC cash and use it to subsidize things, and… that’s often really great for consumers.

But, eventually, these companies have to pay back the VCs in the form of selling out to a bigger company or, preferably, through a big IPO, taking the company public, giving it access to the public equity markets, and… then being at the whims of Wall Street. This is the part that Cory doesn’t mention in his piece, but which I’ve been thinking quite a lot about lately, and I do think is an important piece to the puzzle.

Once you go public, and you have that quarterly drumbeat from Wall Street where pretty much all that matters is revenue and profit growth. Indeed, it’s long forgotten now, but Jeff Bezos and Amazon actually were a rare company that kind of bucked that trend, and for a while at least, told Wall Street not to expect such things, as it was going to invest more and more deeply in serving its customers, and Wall Street punished Bezos for it. It’s long forgotten now, but Wall Street absolutely hated Amazon Prime, which locked in customer loyalty, but which they thought was a huge waste of money. The same was true of Amazon Web Services, which has become a huge revenue driver for the company.

But Wall Street is not visionary. Wall Street does not believe in long term strategy. It believes in hitting your short term ever increasing numbers every three months. Or it will punish you.

And this, quite frequently, leads to the process that Cory lays out in his enshittification gravity well. Because once you’ve gone public, even if you have executives who still want to focus on pleasing users and customers, eventually any public company is also going to have other executives, often with Wall Street experience, who talk about the importance of keeping Wall Street happy. They’ll often quote Milton Friedman’s dumbest idea: that the only fiduciary duty company executives have is to increase their profits for shareholders.

But one of the major problems with this that I’ve discussed for years is that even if you believe (ridiculously) that your only goal is to increase profits for shareholders, that leaves out one very important variable: over what time frame?

This goes back to something I wrote more than 15 years ago, talking about Craigslist. At the time, Craigslist was almost certainly the most successful company in the world in terms of profits per employee. It was making boatloads of cash with like a dozen employees. But the company’s CEO (who was not Craig, by the way) had mentioned that the company wasn’t focused on “maximizing revenue.” After all, most of Craigslist is actually free. There are only a few categories that charge, and they tend to be the most commercial ones (job postings). And this resulted in some arguing that the company lacked a capitalist instinct, and somehow this was horrible.

But, as I wrote at the time, this left out the variable of time. Because maximizing revenue in the short term (i.e., in the 3 month window that Wall Street requires) often means sacrificing long term sustainability and long term profits. That’s because if you’re only looking at the next quarter (or, perhaps, the next two to four quarters if we’re being generous) then you’re going to be tempted to squeeze more of the value out of your customers, to “maximize revenue” or “maximize profits for shareholders.”

In Cory’s formulation, then, this takes us to stage two of the enshittification process: abusing your users to make things better for your business customers. That’s because “Wall Street” and the whole “fiduciary duty to your shareholders” argues that if you’re not squeezing your customers for more value — or more “average revenue per user” (ARPU) — then you’re somehow not living up to your fiduciary duty. But that ignores that doing so often sucks for your customers, and it opens a window for them to look elsewhere and go there. If that’s a realistic option, of course.

Of course, many companies hang on through this stage, partly through inertia, but also frequently through the lack of as comprehensive a competitive ecosystem. And, eventually, they’ve reached a kind of limit in how much they’ve abused their users to please their business customers which, in turn, allows them to please Wall Street and its short-term focus.

So that brings us to Cory’s stage three of the enshittification. In which they start seeking to capture all of the value.

For years, Tim O’Reilly has (correctly) argued that good companies should “create more value than they capture.” The idea here is pretty straightforward: if you have a surplus, and you share more of it with others (users and partners) that’s actually better for your long term viability, as there’s more and more of a reason for those users, partners, customers, etc. to keep doing business with you. Indeed, in that link above (from a decade ago), O’Reilly provides an example that could have come straight out of Cory’s enshittification essay:

“Consider Microsoft,” O’Reilly told MIT researcher Andrew McAfee during an interview at SXSWi, “whose vision of a computer on every desk and in every home changed the world of computing forever and created a rich ecosystem for developers. As Microsoft’s growth stalled, they gradually consumed more and more of the opportunity for them- selves, and innovators moved elsewhere, to the Internet.”

And this is what happens. At some point, after abusing your users to please your business goals, you hit some fairly natural limits.

But Wall Street and the Friedman doctrine never stop screaming for more. You must “maximize” your profits for shareholders in that short term window, even if it means you’re going to destroy your shareholders in the long term. And thus, you see any excess value as “money left on the table,” or money that you need to take.

The legacy copyright industry is the classic example of this. We’ve provided plenty of examples over they years, but back when the record labels were struggling to figure out how to adapt to the internet, every few years some new solution came along, like music-based video games (e.g., Guitar Hero), and they’d be crazy successful, and make everyone lots of money… and then the old record label execs would come in and scream about how they should be getting all that money, eventually killing the golden goose that was suddenly giving them all this free money for doing nothing.

And, thus, that last leg of the enshittification curve tends to be when these legacy industries refuse to play nice with the wider ecosystem (often the ones enabling your overall business to grow) and seek to capture all the value for themselves, without realizing that this is how companies die.

Of course, one recent example of this is Elon killing off third party Twitter apps. While no one has officially admitted to it, basically everyone is saying it’s because those apps didn’t show ads to users, and Elon is so desperate for ad revenue, he figured he should kill off those apps to “force” users onto his enshittified apps instead.

But, of course, all it’s really doing is driving not just many of the Twitter power users away, but also shutting down the developers who were actually doing more to make Twitter even more useful. In trying to grab more of the pie, Elon is closing off the ability to grow the pie much bigger.

This is one of the reasons that both Cory and I keep talking about the importance of interoperability. It not only allows users to break out of silos where this is happening, but it helps combat the enshittification process. It forces companies to remain focused on providing value and surplus, to their users, rather than chasing Wall Street’s latest demands.

The temptation to enshittify is magnified by the blocks on interoperability: when Twitter bans interoperable clients, nerfs its APIs, and periodically terrorizes its users by suspending them for including their Mastodon handles in their bios, it makes it harder to leave Twitter, and thus increases the amount of enshittification users can be force-fed without risking their departure.

But, as he notes, this strategy only works for so long:

An enshittification strategy only succeeds if it is pursued in measured amounts. Even the most locked-in user eventually reaches a breaking-point and walks away. The villagers of Anatevka in Fiddler on the Roof tolerated the cossacks’ violent raids and pogroms for years, until they didn’t, and fled to Krakow, New York and Chicago

There are ways around this, but it’s not easy. Cory and I push for interoperability (including adversarial interoperability) because we know in the long run it actually makes things better for users, and creates incentives for companies and services not to treat their users as an endless piggybank that can be abused at will. Cory frames it as a “freedom to exit.”

And policymakers should focus on freedom of exit – the right to leave a sinking platform while continuing to stay connected to the communities that you left behind, enjoying the media and apps you bought, and preserving the data you created

But, there’s more that can be done as well, and it should start with pushing back on the Friedman Doctrine of maximizing shareholder profits as the only fiduciary duty. We’ve seen some movement against that view with things like B corps., that allow companies to explicitly state that they have more stakeholders than shareholders and will act accordingly. Or experiments like the Long Term Stock Exchange, which (at the very least) try to offer an alternative for a company to be public, but not tied to quarterly reporting results.

All of these things matter, but I do think keeping the idea of time horizons in there matters as well. It’s one thing to say “maximize profits,” but any time you hear that you should ask “over what time frame.” Because a company can squeeze a ton of extra money in the short term in a way that guarantees to lessen the future prospects for the companies. That’s what happens in the enshittification process, and it really doesn’t need to be an inevitable law for all companies.

Source: How The Friedman Doctrine Leads To The Enshittification Of All Things | Techdirt

Dutch hacker obtained, sold virtually all Austrians’ (and Dutch and Colombian?) personal data

A Dutch hacker arrested in November obtained and offered for sale the full name, address and date of birth of virtually everyone in Austria, the Alpine nation’s police said on Wednesday.

A user believed to be the hacker offered the data for sale in an online forum in May 2020, presenting it as “the full name, gender, complete address and date of birth of presumably every citizen” in Austria, police said in a statement, adding that investigators had confirmed its authenticity.

The trove comprised close to nine million sets of data, police said. Austria’s population is roughly 9.1 million. The hacker had also put “similar data sets” from Italy, the Netherlands and Colombia up for sale, Austrian police said, adding that they did not have further details.

[…]

The police did not elaborate on the consequences for Austrians’ data security.

Source: Dutch hacker obtained virtually all Austrians’ personal data, police say | Reuters

An AI robot lawyer was set to argue in court. Scared lawyers shut it down with jail threats

A British man who planned to have a “robot lawyer” help a defendant fight a traffic ticket has dropped the effort after receiving threats of possible prosecution and jail time.

Joshua Browder, the CEO of the New York-based startup DoNotPay, created a way for people contesting traffic tickets to use arguments in court generated by artificial intelligence.

Here’s how it was supposed to work: The person challenging a speeding ticket would wear smart glasses that both record court proceedings and dictate responses into the defendant’s ear from a small speaker. The system relied on a few leading AI text generators, including ChatGPT and DaVinci.

The first-ever AI-powered legal defense was set to take place in California on Feb. 22, but not anymore.

As word got out, an uneasy buzz began to swirl among various state bar officials, according to Browder. He says angry letters began to pour in.

“Multiple state bars have threatened us,” Browder said. “One even said a referral to the district attorney’s office and prosecution and prison time would be possible.”

In particular, Browder said one state bar official noted that the unauthorized practice of law is a misdemeanor in some states punishable up to six months in county jail.

“Even if it wouldn’t happen, the threat of criminal charges was enough to give it up,” he said. “The letters have become so frequent that we thought it was just a distraction and that we should move on.”

State bar organizations license and regulate attorneys, as a way to ensure people hire lawyers who understand the law.

Browder refused to cite which state bar in particular sent letters, and what official made the threat of possible prosecution, saying his startup, DoNotPay, is under investigation by multiple state bars, including California’s.

[…]

“The truth is, most people can’t afford lawyers,” he said. “This could’ve shifted the balance and allowed people to use tools like ChatGPT in the courtroom that maybe could’ve helped them win cases.”

The future of robot lawyers faces uncertainty for another reason that is far simpler than the bar officials’ existential questions: courtroom rules.

Recording audio during a live legal proceeding is not permitted in federal court and is often prohibited in state courts. The AI tools developed by DoNotPay, which remain completely untested in actual courtrooms, require recording audio of arguments in order for the machine-learning algorithm to generate responses.

“I think calling the tool a ‘robot lawyer’ really riled a lot of lawyers up,” Browder said. “But I think they’re missing the forest for the trees. Technology is advancing and courtroom rules are very outdated.”

 

Source: An AI robot lawyer was set to argue in court. Real lawyers shut it down. : NPR

Lawyers protecting their own at the cost of the population? Who’d have thunk it?

Wearable Ultrasound Patch size of a stamp Images the Heart in Real-Time

A wearable ultrasound imager for the heart that is roughly the size of a postage stamp, can be worn for up to 24 hours, and works even during exercise may one day help doctors spot cardiac problems that current medical technology might miss, a new study finds.

Heart disease is the leading cause of death among the elderly, and is increasingly becoming a problem among those who are younger as well because of unhealthy diets and other factors. The signs of heart disease are often brief and unpredictable, so long-term cardiac imaging may help spot heart anomalies that might otherwise escape detection.

For instance, patients with heart failure may at times seem fine at rest, “as the heart sacrifices its efficiency to maintain the same cardiac output,” says study colead author Hongjie Hu, a nanoengineer at the University of California, San Diego. “Pushing the heart towards its limits during exercise can make the lack of efficiency become apparent.”

In addition, the heart can quickly recover from problems it may experience during exercise. This means doctors may fail to detect these issues, since cardiac imaging conventionally happens after exercise, not during it, Hu says.

[…]

Now scientists have developed a wearableultrasound device that can enable safe, continuous, real-time, long-term, and highly detailed imaging of the heart. They detailed their findings online on 25 January in the journal Nature.

[…]

The new device is a patch 1.9 centimeters long by 2.2 cm wide and only 0.9 millimeters thick. It uses an array of piezoelectric transducers to send and receive ultrasound waves in order to generate a constant stream of images of the structure and function of the heart. The researchers were able to get such images even during exercise on a stationary bike. No skin irritation or allergy was seen after 24 hours of continuous wear.

[…]

The new patch is about as flexible as human skin. It can also stretch up to 110 percent of its size, which means it can survive far more strain than typically experienced on human skin. These features help it stick onto the body, something not possible with the rigid equipment often used for cardiac imaging.

[…]

Traditional cardiac ultrasound imaging constantly rotates an ultrasound probe to analyze the heart in multiple dimensions. To eliminate the need for this rotation, the array of ultrasound sensors and emitters in the new device is shaped like a cross so that ultrasonic waves can travel at right angles to each other.

The scientists developed a custom deep-learning AI model that can analyze the data from the patch and automatically and continuously estimate vital details, such as the percentage of blood pumped out of the left ventricle with each beat, and the volume of blood the heart pumps out with each beat and every minute. The root of most heart problems is the heart not pumping enough blood, issues that often manifest only when the body is moving, the researchers note.

[…]

 

Source: Wearable Ultrasound Patch Images the Heart in Real-Time