Why GDPR Isn’t Coming to the United States

Will draconian privacy laws ever come to the United States as they have in Europe in recent days? The question is reasonable in light of ongoing news stories about Facebook’s cavalier treatment of user data. Now that the European Union has enacted General Data Protection Regulation (GDPR), we now have a template for stronger protection of consumer privacy, with businesses being held to more stringent privacy standards and facing steep fines for failing to uphold those standards.

The likelihood of GDPR-style regulation coming to the United States was one of several topics I discussed with a panel of journalists and industry practitioners recently. The panel, hosted by Chris Heine of the Bateman Group, focused on the many possible impacts of GDPR. Participants ranged from Gartner Analyst Andrew Frank to Kevin Scholl, director of digital marketing and partnerships at Red Roof Inn. My take: GDPR isn’t going to come to the United States anytime soon – especially during the Trump administration. Here’s why:

  • Data privacy is not a priority at the Federal level. We’ve already experienced the mother of all data breaches – and nothing happened. Remember Equifax, whose failure to protect user data affected millions of Americans? If ever there was a reason to usher in more serious privacy laws, Equifax handed it to the administration on a platter. But in fact the Consumer Financial Protection Bureau actually scaled back its investigation of Equifax. And Americans moved on. Meanwhile, influential businesses such as Alphabet and Apple have too much lobbying power for GDPR regulation to take hold widely. (Google alone spent more than $18 million on lobbying efforts in 2017.) The corporate-friendly Trump administration will likely place the adoption of widespread privacy measures low on the priority list.
  • The American won’t demand widespread regulation anytime soon. We may claim we care about privacy when we are asked– but our actions say otherwise. For example, the brutal Facebook/Cambridge Analytica scandal created a #DeleteFacebook spasm, which died away. It’s not that we want to give businesses unfettered access to our data. But we don’t have the time and energy to police them. Who really takes time to read the mind-boggling user agreements we are periodically asked to review when we update our Apple operating system or when LinkedIn or some other platform revises its practices? (Here’s LinkedIn’s privacy policy. I’m sure you’ve reviewed it carefully because you care about privacy, right?) In addition, and perhaps more importantly – big tech has the upper hand. We’re hooked to our devices and platforms. They fuel our lives. We’ve given them permission to manage us – which is a big reason why #DeleteFacebook died. We may be annoyed with Facebook the brand, but we want Facebook the community.

A more likely scenario: Facebook will take the fall. The company will become subject to more regulation and scrutiny, thus reframing a potentially more widespread issue as the problems of one company. Instead of inspiring Federal action to regulate privacy more broadly, Facebook’s failures will instead marginalize the issue. We’re already seeing Apple capitalize on Facebook’s problems by attempting to demonize the social media platform.

Tougher privacy laws may take hold at the state level, but don’t hold your breath waiting for a dramatic change to occur nationally.

For more insight into our panel, check out:

Adweek, “4 Big GDPR Concerns for Brands, Agencies, and Vendors,” Chris Heine, May 9, 2018.

Bateman Group, “Here Are 4 Big GDPR Concerns for Brands, Agencies and Vendors,” Chris Heine, May 23, 2018.

CNBC, “People will forget about data privacy issues soon — at least, that’s what ad experts expect,” by Michelle Castillo, April 12, 2018.

DMNews, “7 Ways GDPR Will Affect Your Marketing Efforts — According to Top Marketers,” Hillary Adler, May 28, 2018.

Snapchat and Vine: The Disruptor and Disrupted

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Remember when Vine was cool and Snapchat was dirty? How quickly their fortunes have changed. Vine, once the darling of visual storytellers, is losing brands and attention, sinking in popularity on the app store. Meantime, Snapchat has overcome its reputation as a fringe app run by a badly behaving frat boy. Adweek recently named Snapchat the hottest digital brand of the year for 2015 while Vine was making headlines for losing market share. Their changing fortunes demonstrate how easily the disruptors can become the disrupted. But the story ain’t over yet.

Vine: The Disrupted

Vine came along at the right time. The app was officially launched in January 2013 amid the rise of video storytelling. Brands, always looking for fresh content sharing platforms, latched on to Vine as a fresh alternative to YouTube. Vine’s format for sharing 6-second video stories seemed like a natural fit for a multi-tasking world with a shrinking attention span — and, crucially, Vine was (and remains) an easy-to-use mobile-first app at a time of rapid mobile adoption. Its user base grew rapidly, and Vine was hailed as a YouTube disruptor. Brands eager to extend their presence into mobile content, began adopting the app and bringing with them more users. By fall of 2013, Dunkin’ Donuts and Trident Gum were launching the first-ever TV spots using Vine.

But even as Vine was ascending, a multitude of forces were converging to disrupt Vine’s success. Just six months after Vine launched, Instagram rolled out its own video feature, with superior editing capabilities, Facebook would also beef up its video-sharing capability. Snapchat, which had existed longer, added more functions, exploded in popularity, and, in 2014, introduced advertising (while Vine did not). Facebook could wield its scale and targeted advertising effectively against Vine, and Snapchat had coolness in its favor. Meantime, YouTube kept evolving as a premier source of online entertainment for brands and YouTube stars such as PewDiePie.

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Are You Ready for the Self-Driving Car?

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A few weeks ago, Adweek‘s Chris Heine asked me how soon Americans will accept self-driving cars — or vehicles that do all the driving while everyone in the car kicks back and enjoys the ride, freed up to bury our noses in our mobile phones, watch movies on longer drives, and do all the other things passengers do. I responded that many Americans are acting already as if they’re behind the wheel of a self-driving car, judging from the number of distracted drivers I see texting, reading, fussing with their kids, and, well, basically doing all the other things passengers do.

Silicon Valley and Detroit are bringing self-driving cars to our lives sooner than you think, as I discuss in a new blog post for SIM Partners. And I believe I believe a critical mass of consumers — enough to support the uptake of driverless cars — will accept autonomous vehicles as soon as automakers make them commercially viable and demonstrate how safe they are.

As I write in my post (which focuses on the marketing implications of self-driving cars), driverless cars are expected to be hitting our roads in 2020, and a number of developments are hastening the process. The two vanguards of autonomous driving, Google and Tesla, have generated plenty of headlines, and justifiably so, for making self-driving cars real and achievable. But the behemoths of the traditional model, the big automakers, are making breakthroughs, too. General Motors recently announced with Lyft a $500 million partnership that includes a self-driving service. At the North American International Auto Show in Detroit, Ford announced it is testing a self-driving car in poor weather conditions, thus tackling what is considered to be an impediment to driverless performance (which Google had been testing already). Mercedes-Benz rolled out the 2017 semi-autonomous E-class sedan, thus bridging between the world we know today and the one that’s coming (as Tesla is doing with semi-autonomous cars).

That so many automakers are adapting to a new role of “mobility company” (to cite words used by Jeremiah Owyang in January 12 VentureBeat article) tells me how real the autonomous world is. Legacy brands shaped by 20th Century assumptions are embracing a 21st Century business model instead of fighting it.

Are consumers ready for self-driving cars, though? I think the answer depends on a number of factors, including where you live and your emotional attachment to the idea of driving a car. The World Economic Forum and Boston Consulting Group recently surveyed of city dwellers around the world and found that 52 percent Americans are likely or unlikely to try a self-driving car, with 17 percent neutral. But it stands to reason that city dwellers are going to be more open to trying self-driving cars given the hassles of city driving. In 2014, Pew Research conducted a similar survey that included a more broadly defined audience. Interestingly, 52 percent of city dwellers also said they wanted to ride in a driverless car, but only 36 percent of people in rural areas were interested. Overall, 50 percent of respondents were interested in a driverless experience, and 48 percent were not.

Reservations about self-driving cars are predictable, ranging from concerns about safety (“what if this car makes a mistake on the expressway, and I cannot stop it?”) to loss of control.

I think it’s interesting that in April 2014, 48 percent of the public was actually open to riding in a driverless car — that’s nearly half the population being open to riding in a driverless car even though we’ve been conditioned to accept a conventional driving experience for decades. In fact, we’re already adapting our behaviors to smarter cars that do everything from help us search to manage our media. The development of semi-autonomous cars from Mercedes-Benz and Tesla will help ease in the self-driving experience, but more affordable brands such as Ford would have more of an impact

With effective marketing and the introduction of cost-effective alternatives, I believe self-driving cars will first gain the trust of key demographic segments such as city dwellers and aging baby boomers who have the most to benefit from driverless vehicles. The future will arrive in stages.

And once that trust takes hold, there will be no turning back.

I am curious to see how soon driverless cars emerge, especially after, a few days ago, I dodged a distracted driver who careened the wrong way down a one-way street. Computers make mistakes, too. But I’ll take my chances.

 

Is There Room for Brands on Ello? You Bet

Adweek

Meet Ello, the anti-advertising social network and gated community for the cool kids. Ello has already exploded in popularity by offering an ad-free network and by allowing members to use made-up names instead of their real names (unlike Facebook, which requires the use of your real name to have a personal account). Based on my own experience with Ello thus far, the site has already attracted a community of artists and designers, which is fitting because Ello was founded by artists and designers. (As has been reported widely, Ello also gained a surge of invitation requests and phenomenal buzz in recent days when members of the LGBT community joined Ello to protest Facebook’s identity policies). But being ad-free is not the same as being brand-free. Ello is already attracting brands such as Sonos and Adweek and may become a haven for content marketers as Tumblr already is. Moreoever, Ello will need relationships with brands to survive.

Essentially, Ello functions as a more private version of Tumblr. The site’s clean layout and uploading functionality make it especially easy to post visual content such as GIFs. The site is buggy, but it’s also in beta, and its coolness factor covers up a multitude of sins while users stand in line to be invited by Ello members or Ello itself (you can apply for an invite by visiting the site unless a friend invites you). But Ello is making headlines because of its attitude toward advertising, not its user-friendliness. As Ello states in its manifesto,

Your social network is owned by advertisers.

Every post you share, every friend you make, and every link you follow is tracked, recorded, and converted into data. Advertisers buy your data so they can show you more ads. You are the product that’s bought and sold.

We believe there is a better way. We believe in audacity. We believe in beauty, simplicity, and transparency. We believe that the people who make things and the people who use them should be in partnership.

We believe a social network can be a tool for empowerment. Not a tool to deceive, coerce, and manipulate — but a place to connect, create, and celebrate life

You are not a product.

You get the picture: “we’re not Facebook.” But if you join Ello looking to stay away from the gaze of corporate brands, you will be sorely disappointed. In fact, Ello provides another platform for companies (and individuals) to extend audience relationships via content marketing, which is not the same as paid advertising.

Content marketing — or building your brand by providing useful information and entertainment — has been a brand-building mainstay for decades, with John Deere producing a customer magazine, The Furrow, in 1895. According to Mass Relevance, 95 percent of CMOs believe content marketing is important to their business, and content marketing is a strong area of investment for customer acquisition, according to a report I wrote for Gigaom earlier in June 2014.

In other words, smart companies long ago complemented paid advertising by acting as publishers of branded content. And you can be sure smart brands are sizing up Ello right now, if for any other reason than to claim their own Ello identities in order to protect themselves from squatters. Lifestyle brands with strong design sensibilities may find homes on Ello. For instance, Ello is a potential platform for a company like Shinola, which creates and sells gorgeous watches and other products from its popular Detroit headquarters. (Ello co-founder Paul Budnitz has a brand page for his bike shop on Ello, by the way.) If Ello’s popularity with the LGBT community holds up, the site could also be a popular destination for LGBT-friendly brands. I also see Ello becoming something like another Etsty for artists. And forward-thinking celebrities could land here. (Lady Gaga could use Ello to drive traffic to her own Little Monsters community).

A note to parents: Ello will most certainly become a home for the adult entertainment industry based on its porn-friendly attitude (Ello will says it will enable NSFW flagging in order to help users screen NSFW content, as Tumblr does.)

I am careful to use “could” and “possibly” when I speculate about Ello’s future because Ello has a very long way to go in order to become a sustainable community. Joining a network is one thing; staying on one and being engaged is another, as Path demonstrates. Ello plans to support itself by charging users to add specific features to their accounts, but as Steven Tweedie of Business Insider points out, Ello’s ad-free model has already failed with Diaspera and App.net.

Ello enjoys a $435,000 seed investment from FreshTracks Capital. But if Ello is to have a future, I believe the network will need to find a way to create revenue-generating partnerships with brands and relax its “no-ad” stance (for instance, by permitting native advertising). If content marketers act like the publishers of engaging and useful information they are supposed to be, no one on Ello will mind.

Find me on Ello at ello.co/davidjdeal

Selling Elvis in the Age of Instagram

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Image source: Vegas.com

Elvis never left the building after all. Seventeen years after his death, Elvis Presley remains one of the most lucrative names in show business. According to Forbes, he is the second wealthiest deceased celebrity, earning $55 million in 2013 through merchandising, licensing of his image, and his Graceland estate. And now, thanks to hologram technology, he will come to life in the digital age. Welcome to 21st Century branding, where yesterday’s artists can endure as immersive brands for a visual generation that speaks the language of Instagram and Vine.

According to Adweek‘s Michelle Castillo, Authentic Brands Group (which manages his estate) and Pulse Evolution are creating an Elvis hologram that will appear in commercials and movies — and host a residency in Macau and Las Vegas, the latter location being especially fitting given the legacy Elvis created in the 1970s through his extravagant shows at the Las Vegas Hilton. The residencies may even involve holograms of Elvis and Michael Jackson performing together (the King of Pop has already appeared at the Billboard Music Awards thanks to Pulse Evolution’s technology).

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Michael Jackson hologram appears onstage. Image source: Rollingstone.com

Jamie Salter, CEO of Authentic Brands Group, told Adweek, “We want you to go to the show and say, ‘Wow, oh my God! I saw Elvis 50, 60 years ago, and this is exactly the same thing.” But will the Elvis hologram appeal to a Millennial generation that never saw Elvis perform? I believe the virtual Elvis will resonate with both the Baby Boomer generation and Millennials for these reasons:

  • Elvis is a massive brand. Elvis lived large, died before his time, and captured the public’s imagination. As his standing in the annual Forbes list attests, his name is as big as ever. Everyone knows who Elvis is even if not everyone cares too much for his music, and name awareness is a strong foundation upon which to strengthen a brand.

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Image source: arts-stew.com

  • An Elvis hologram is tailor made for the concert experience, and concerts are one of the few reliable ways that the music industry can generate reliable revenue streams  across all generations (as I mentioned to Michelle Castillo in the Adweek article). Elvis was a charismatic performer onstage who engaged an audience. It makes perfect sense to bring him back for a residency, where all audiences, including Millennials, will see him in a new context.
  • A hologram is the perfect way to make a brand relevant to the Vine generation. Holograms are visual. Holograms are sexy. Holograms bring music to life visually. Elvis was a visually savvy musician who famously used both his body and his stage costumes to complement his singing.

Holograms will not work for every famous musician who has passed away. You need a musician with a strong brand, visual appeal, and a reputation for delivering memorable stage performances. We’ve already seen holograms create tremendous buzz for Tupac Shakur and Michael Jackson. I can easily see Jim Morrison, Freddie Mercury, and Whitney Houston some day returning as holograms. Elvis is a classic, cool brand launched in 1954 when he began recording at Sun Records, just as the Ford Mustang was launched in 1964. And now we can conceivably enjoy several “Elvis models”: the swaggering country boy in a gold lamé suit, the confident man in black leather, and the larger-than-life spectacle who changed the nature of live shows in Las Vegas.

Who do you think will get the hologram treatment next?

The Long, Strange Trip of the Ron Burgundy Brand

Anchorman: The Legend Of Ron Burgundy Q&A

What to make of Anchorman 2: The Legend Continues?

The sequel to the popular 2004 Anchorman comedy dominated the cultural landscape months before the movie opened December 18 thanks to an inventive marketing campaign. However, after “changing the way movies are marketed” (in the words of Adweek‘s Chris Heine) through original content, viral marketing stunts, and social media, the movie underperformed at the box office during its opening weekend — only to bounce back in following weeks on its way to grossing $122.2 million domestically and $163.9 million worldwide as of January 19. So did the clever marketing make a difference? Yes and no. I believe audience word of mouth and positive reviews were the real story of the movie’s box office success after a slow start. But the marketing blitz galvanized a one-man brand who may generate financial value for Paramount Pictures beyond the movie’s ticket sales.

A Formula for Success?

Paramount Pictures had every reason to believe Anchorman 2 would succeed coming out of the gate. The movie reunited the principal players who had made the original Anchorman a financial success, including Will Ferrell (as both lead actor and co-writer), director (and co-writer) Adam McKay, and producer Judd Apatow, whose work has shaped and even defined comedy for the past decade. And, as Adweek documented well, the run-up to the movie’s opening weekend involved an all-encompassing Continue reading