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mostlysignssomeportents · 5 months ago

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Surveillance pricing

THIS WEEKEND (June 7–9), I'm in AMHERST, NEW YORK to keynote the 25th Annual Media Ecology Association Convention and accept the Neil Postman Award for Career Achievement in Public Intellectual Activity.

Correction, 7 June 2024: The initial version of this article erroneously described Jeffrey Roper as the founder of ATPCO. He benefited from ATPCO, but did not co-found it. The initial version of this article called ATPCO "an illegal airline price-fixing service"; while ATPCO provides information that the airlines use to set prices, it does not set prices itself, and while the DOJ investigated the company, they did not pursue a judgment declaring the service to be illegal. I regret the error.

Noted anti-capitalist agitator Adam Smith had it right: "People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices."

Despite being a raving commie loon, Smith's observation was so undeniably true that regulators, policymakers, and economists couldn't help but acknowledge that it was true. The trustbusting era was defined by this idea: if we let the number of companies in a sector get too small, or if we let one or a few companies get too big, they'll eventually start to rig prices.

What's more, once an industry contracts corporate gigantism, it will become too big to jail, able to outspend and overpower the regulators charged with reining in its cheating. Anyone who believes Smith's self-evident maxim had to accept its conclusion: that companies had to be kept smaller than the state that regulated them. This wasn't about "punishing bigness" – it was the necessary precondition for a functioning market economy.

We kept companies small for the same reason that we limited the height of skyscrapers: not because we opposed height, or failed to appreciate the value of a really good penthouse view – rather, to keep the building from falling over and wrecking all the adjacent buildings and the lives of the people inside them.

Starting in the neoliberal era – Carter, then Reagan – we changed our tune. We liked big business. A business that got big was doing something right. It was perverse to shut down our best companies. Instead, we'd simply ban big companies from rigging prices. This was called the "consumer welfare" theory of antitrust. It was a total failure.

40 years later, nearly every industry is dominated by a handful of companies, and these companies price-gouge us with abandon. Worse, they use their gigantic ripoff winnings to fill war-chests that fund the corruption of democracy, capturing regulators so that they can rip us off even more, while ignoring labor, privacy and environmental law and ducking taxes.

It turns out that keeping gigantic, opaque, complex corporations honest is really hard. They have so many ways to shuffle money around that it's nearly impossible to figure out what they're doing. Digitalization makes things a million times worse, because computers allow businesses to alter their processes so they operate differently for every customer, and even for every interaction.

This is Dieselgate times a billion: VW rigged its cars to detect when they were undergoing emissions testing and switch to a less polluting, more compliant mode. But when they were on the open road, they spewed lethal quantities of toxic gas, killing people by the thousands. Computers don't make corporate leaders more evil, but they let evil corporate leaders execute far more complex and nefarious plans. Digitalization is a corporate moral hazard, making it just too easy and tempting to rig the game.

That's why Toyota, the largest car-maker in the world, just did Dieselgate again, more than a decade later. Digitalization is a temptation no giant company can resist:

https://www.bbc.com/news/articles/c1wwj1p2wdyo

For forty years, pro-monopoly cheerleaders insisted that we could allow companies to grow to unimaginable scale and still prevent cheating. They passed rules banning companies from explicitly forming agreements to rig prices. About ten seconds later, new middlemen popped up offering "information brokerages" that helped companies rig prices without talking to one another.

Take Agri Stats: the country's hyperconcentrated meatpacking industry pays Agri Stats to "consult on prices." They provide Agri Stats with a list of their prices, and then Agri Stats suggests changes based on its analysis. What does that analysis consist of? Comparing the company's prices to its competitors, who are also Agri Stats customers:

https://pluralistic.net/2023/10/04/dont-let-your-meat-loaf/#meaty-beaty-big-and-bouncy

In other words, Agri Stats finds the highest price for each product in the sector, then "advises" all the companies with lower prices to raise their prices to the "competitive" level, creating a one-way ratchet that sends the price of food higher and higher.

More and more sectors have an Agri Stats, and digitalization has made this price-gouging system faster, more efficient, and accessible to sectors with less concentration. Landlords, for example, have tapped into Realpage, a "data broker" that the same thing to your rent that Agri Stats does to meat prices. Realpage requires the landlords who sign up for its service to accept its "recommendations" on minimum rents, ensuring that prices only go up:

https://popular.info/p/feds-raid-corporate-landlord-escalating

Writing for The American Prospect, Luke Goldstein lays out the many ways in which these digital intermediaries have supercharged the business of price-rigging:

https://prospect.org/economy/2024-06-05-three-algorithms-in-a-room/

Goldstein identifies a kind of patient zero for this ripoff epidemic: Jeffrey Roper, a former Alaska Air exec who benefited from a service that helps airlines set prices. ATPCO was investigated by the DOJ in the 1990s, but the enforcers lost their nerve and settled with the company, which agreed to apply some ornamental fig-leafs to its collusion-machine. Even those cosmetic changes were seemingly a bridge too far Roper, who left the US.

But he came back to serve as Realpage's "principal scientist" – the architect of a nationwide scheme to make rental housing vastly more expensive. For Roper, the barrier to low rents was empathy: landlords felt stirrings of shame when they made shelter unaffordable to working people. Roper called these people "idiots" who sentimentality "costs the whole system."

Sticking a rent-gouging computer between landlords and the people whose lives they ruin is a classic "accountability sink," as described in Dan Davies' new book "The Unaccountability Machine: Why Big Systems Make Terrible Decisions – and How The World Lost its Mind":

https://profilebooks.com/work/the-unaccountability-machine/

It's a form of "empiricism washing": if computers are working in the abstract realm of pure numbers, they're just moving the objective facts of the quantitative realm into the squishy, imperfect qualitative world. Davies' interview on Trashfuture is excellent:

https://trashfuturepodcast.podbean.com/e/fire-sale-at-the-accountability-store-feat-dan-davies/

To rig prices, an industry has to solve three problems: the problem of coming to an agreement to fix prices (economists call this "the collective action problem"); the problem of coming up with a price; and the problem of actually changing prices from moment to moment. This is the ripoff triangle, and like a triangle, it has many stable configurations.

The more concentrated an industry is, the easier it is to decide to rig prices. But if the industry has the benefit of digitalization, it can swap the flexibility and speed of computers for the low collective action costs from concentration. For example, grocers that switch to e-ink shelf tags can make instantaneous price-changes, meaning that every price change is less consequential – if sales fall off after a price-hike, the company can lower them again at the press of a button. That means they can collude less explicitly but still raise prices:

https://pluralistic.net/2024/03/26/glitchbread/#electronic-shelf-tags

My name for this digital flexibility is "twiddling." Businesses with digital back-ends can alter their "business logic" from second to second, and present different prices, payouts, rankings and other key parts of the deal to every supplier or customer they interact with:

https://pluralistic.net/2023/02/19/twiddler/

Not only does twiddling make it easier to rip off suppliers, workers and customers, it also makes these crimes harder to detect. Twiddling made Dieselgate possible, and it also underpinned "Greyball," Uber's secret strategy of refusing to send cars to pick up transportation regulators who would then be able to see firsthand how many laws the company was violating:

https://www.nytimes.com/2017/03/03/technology/uber-greyball-program-evade-authorities.html

Twiddling is so easy that it has brought price-fixing to smaller companies and less concentrated sectors, though the biggest companies still commit crimes on a scale that put these bit-players to shame. In The Prospect, David Dayen investigates the "personalized pricing" ripoff that has turned every transaction into a potential crime-scene:

https://prospect.org/economy/2024-06-04-one-person-one-price/

"Personalized pricing" is the idea that everything you buy should be priced based on analysis of commercial surveillance data that predicts the maximum amount you are willing to pay.

Proponents of this idea – like Harvard's Pricing Lab with its "Billion Prices Project" – insist that this isn't a way to rip you off. Instead, it lets companies lower prices for people who have less ability to pay:

https://thebillionpricesproject.com/

This kind of weaponized credulity is totally on-brand for the pro-monopoly revolution. It's the same wishful thinking that led regulators to encourage monopolies while insisting that it would be possible to prevent "bad" monopolies from raising prices. And, as with monopolies, "personalized pricing" leads to an overall increase in prices. In econspeak, it is a "transfer of wealth from consumer to the seller."

"Personalized pricing" is one of those cuddly euphemisms that should make the hair on the back of your neck stand up. A more apt name for this practice is surveillance pricing, because the "personalization" depends on the vast underground empire of nonconsensual data-harvesting, a gnarly hairball of ad-tech companies, data-brokers, and digital devices with built-in surveillance, from smart speakers to cars:

https://pluralistic.net/2024/03/12/market-failure/#car-wars

Much of this surveillance would be impractical, because no one wants their car, printer, speaker, watch, phone, or insulin-pump to spy on them. The flexibility of digital computers means that users always have the technical ability to change how these gadgets work, so they no longer spy on their users. But an explosion of IP law has made this kind of modification illegal:

https://locusmag.com/2020/09/cory-doctorow-ip/

This is why apps are ground zero for surveillance pricing. The web is an open platform, and web-browsers are legal to modify. The majority of web users have installed ad-blockers that interfere with the surveillance that makes surveillance pricing possible:

https://doc.searls.com/2023/11/11/how-is-the-worlds-biggest-boycott-doing/

But apps are a closed platform, and reverse-engineering and modifying an app is a literal felony – several felonies, in fact. An app is just a web-page skinned with enough IP to make it a felony to modify it to protect your consumer, privacy or labor rights:

https://pluralistic.net/2024/05/07/treacherous-computing/#rewilding-the-internet

(Google is leading a charge to turn the web into the kind of enshittifier's paradise that apps represent, blocking the use of privacy plugins and proposing changes to browser architecture that would allow them to felonize modifying a browser without permission:)

https://pluralistic.net/2023/08/02/self-incrimination/#wei-bai-bai

Apps are a twiddler's playground. Not only can they "customize" every interaction you have with them, but they can block you (or researchers seeking to help you) from recording and analyzing the app's activities. Worse: digital transactions are intimate, contained to the palm of your hand. The grocer whose e-ink shelf-tags flicker and reprice their offerings every few seconds can be collectively observed by people who are in the same place and can start a conversation about, say, whether to come back that night a throw a brick through the store's window to express their displeasure. A digital transaction is a lonely thing, atomized and intrinsically shielded from a public response.

That shielding is hugely important. The public hates surveillance pricing. Time and again, through all of American history, there have been massive and consequential revolts against the idea that every price should be different for every buyer. The Interstate Commerce Commission was founded after Grangers rose up against the rail companies' use of "personalized pricing" to gouge farmers.

Companies know this, which is why surveillance pricing happens in secret. Over and over, every day, you are being gouged through surveillance pricing. The sellers you interact with won't tell you about it, so to root out this practice, we have to look at the B2B sales-pitches from the companies that sell twiddling tools.

One of these companies is Plexure, partly owned by McDonald's, which provides the surveillance-pricing back-ends for McD's, Ikea, 7-Eleven, White Castle and others – basically, any time a company gives you a hard-sell to order via its apps rather than its storefronts or its website, you should assume you're getting twiddled, hard.

These companies use the enshittification playbook to trap you into using their apps. First, they offer discounts to customers who order through their apps – then, once the customers are fully committed to shopping via app, they introduce surveillance pricing and start to jack up the prices.

For example, Plexure boasts that it can predict what day a given customer is getting paid on and use that information to raise prices on all the goods the customer shops for on that day, on the assumption that you're willing to pay more when you've got a healthy bank balance.

The surveillance pricing industry represents another reason for everything you use to spy on you – any data your "smart" TV or Nest thermostat or Ring doorbell can steal from you can be readily monetized – just sell it to a surveillance pricing company, which will use it to figure out how to charge you more for everything you buy, from rent to Happy Meals.

But the vast market for surveillance data is also a potential weakness for the industry. Put frankly: the commercial surveillance industry has a lot of enemies. The only thing it has going for it is that so many of these enemies don't know that what's they're really upset about is surveillance.

Some people are upset because they think Facebook made Grampy into a Qanon. Others, because they think Insta gave their kid anorexia. Some think Tiktok is brainwashing millennials into quoting Osama bin Laden. Some are upset because the cops use Google location data to round up Black Lives Matter protesters, or Jan 6 insurrectionists. Some are angry about deepfake porn. Some are angry because Black people are targeted with ads for overpriced loans or colleges:

https://www.theregister.com/2024/06/04/meta_ad_algorithm_discrimination/

And some people are angry because surveillance feeds surveillance pricing. The thing is, whatever else all these people are angry about, they're all angry about surveillance. Are you angry that ad-tech is stealing a 51% share of news revenue? You're actually angry about surveillance. Are you angry that "AI" is being used to automatically reject resumes on racial, age or gender grounds? You're actually angry about surveillance.

There's a very useful analogy here to the history of the ecology movement. As James Boyle has long said, before the term "ecology" came along, there were people who cared about a lot of issues that seemed unconnected. You care about owls, I care about the ozone layer. What's the connection between charismatic nocturnal avians and the gaseous composition of the upper atmosphere? The term ecology took a thousand issues and welded them together into one movement.

That's what's on the horizon for privacy. The US hasn't had a new federal consumer privacy law since 1988, when Congress acted to ban video-store clerks from telling the newspapers what VHS cassettes you were renting:

https://en.wikipedia.org/wiki/Video_Privacy_Protection_Act

We are desperately overdue for a new consumer privacy law, but every time this comes up, the pro-surveillance coalition defeats the effort. but as people who care about conspiratorialism, kids' mental health, spying by foreign adversaries, phishing and fraud, and surveillance pricing all come together, they will be an unbeatable coalition:

https://pluralistic.net/2023/12/06/privacy-first/#but-not-just-privacy

Meanwhile, the US government is actually starting to take on these ripoff artists. The FTC is working to shut down data-brokers:

https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does

The FBI is raiding landlords to build a case against Frontpage and other rent price-fixers:

https://popular.info/p/feds-raid-corporate-landlord-escalating

Agri Stats is facing a DoJ lawsuit:

https://www.nationalhogfarmer.com/market-news/agri-stats-loses-motions-to-transfer-dismiss-in-doj-antitrust-case

Not every federal agency has gotten the message, though. Trump's Fed Chairman, Jerome Powell – whom Biden kept on the job – has been hiking interest rates in a bid to reduce our purchasing power by making millions of Americans poorer and/or unemployed. He's doing this to fight inflation, on the theory that inflation is being cause by us being too well-off, and therefore trying to buy more goods than are for sale.

But of course, interest rates are inflationary: when interest rates go up, it gets more expensive to pay your credit card bills, lease your car, and pay a mortgage. And where we see the price of goods shooting up, there's abundant evidence that this is the result of greedflation – companies jacking up their prices and blaming inflation. Interest rate hawks say that greedflation is impossible: if one company raises its prices, its competitors will swoop in and steal their customers with lower prices.

Maybe they would do that – if they didn't have a toolbox full of algorithmic twiddling options and a deep trove of surveillance data that let them all raise prices together:

https://prospect.org/blogs-and-newsletters/tap/2024-06-05-time-for-fed-to-meet-ftc/

Someone needs to read some Adam Smith to Chairman Powell: "People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices."

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/06/05/your-price-named/#privacy-first-again

Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg

CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en

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mostlysignssomeportents · 1 year ago

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The surveillance advertising to financial fraud pipeline

Monday (October 2), I'll be in Boise to host an event with VE Schwab. On October 7–8, I'm in Milan to keynote Wired Nextfest.

Being watched sucks. Of all the parenting mistakes I've made, none haunt me more than the times my daughter caught me watching her while she was learning to do something, discovered she was being observed in a vulnerable moment, and abandoned her attempt:

https://www.theguardian.com/technology/blog/2014/may/09/cybersecurity-begins-with-integrity-not-surveillance

It's hard to be your authentic self while you're under surveillance. For that reason alone, the rise and rise of the surveillance industry – an unholy public-private partnership between cops, spooks, and ad-tech scum – is a plague on humanity and a scourge on the Earth:

https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does

But beyond the psychic damage surveillance metes out, there are immediate, concrete ways in which surveillance brings us to harm. Ad-tech follows us into abortion clinics and then sells the info to the cops back home in the forced birth states run by Handmaid's Tale LARPers:

https://pluralistic.net/2022/06/29/no-i-in-uter-us/#egged-on

And even if you have the good fortune to live in a state whose motto isn't "There's no 'I" in uter-US," ad-tech also lets anti-abortion propagandists trick you into visiting fake "clinics" who defraud you into giving birth by running out the clock on terminating your pregnancy:

https://pluralistic.net/2023/06/15/paid-medical-disinformation/#crisis-pregnancy-centers

The commercial surveillance industry fuels SWATting, where sociopaths who don't like your internet opinions or are steamed because you beat them at Call of Duty trick the cops into thinking that there's an "active shooter" at your house, provoking the kind of American policing autoimmune reaction that can get you killed:

https://www.cnn.com/2019/09/14/us/swatting-sentence-casey-viner/index.html

There's just a lot of ways that compiling deep, nonconsensual, population-scale surveillance dossiers can bring safety and financial harm to the unwilling subjects of our experiment in digital spying. The wave of "business email compromises" (the infosec term for impersonating your boss to you and tricking you into cleaning out the company bank accounts)? They start with spear phishing, a phishing attack that uses personal information – bought from commercial sources or ganked from leaks – to craft a virtual Big Store con:

https://www.fbi.gov/how-we-can-help-you/safety-resources/scams-and-safety/common-scams-and-crimes/business-email-compromise

It's not just spear-phishers. There are plenty of financial predators who run petty grifts – stock swindles, identity theft, and other petty cons. These scams depend on commercial surveillance, both to target victims (e.g. buying Facebook ads targeting people struggling with medical debt and worried about losing their homes) and to run the con itself (by getting the information needed to pull of a successful identity theft).

In "Consumer Surveillance and Financial Fraud," a new National Bureau of Academic Research paper, a trio of business-school profs – Bo Bian (UBC), Michaela Pagel (WUSTL) and Huan Tang (Wharton) quantify the commercial surveillance industry's relationship to finance crimes:

https://www.nber.org/papers/w31692

The authors take advantage of a time-series of ZIP-code-accurate fraud complaint data from the Consumer Finance Protection Board, supplemented by complaints from the FTC, along with Apple's rollout of App Tracking Transparency, a change to app-based tracking on Apple mobile devices that turned of third-party commercial surveillance unless users explicitly opted into being spied on. More than 96% of Apple users blocked spying:

https://arstechnica.com/gadgets/2021/05/96-of-us-users-opt-out-of-app-tracking-in-ios-14-5-analytics-find/

In other words, they were able to see, neighborhood by neighborhood, what happened to financial fraud when users were able to block commercial surveillance.

What happened is, fraud plunged. Deprived of the raw material for committing fraud, criminals were substantially hampered in their ability to steal from internet users.

While this is something that security professionals have understood for years, this study puts some empirical spine into the large corpus of qualitative accounts of the surveillance-to-fraud pipeline.

As the authors note in their conclusion, this analysis is timely. Google has just rolled out a new surveillance system, the deceptively named "Privacy Sandbox," that every Chrome user is being opted in to unless they find and untick three separate preference tickboxes. You should find and untick these boxes:

https://www.eff.org/deeplinks/2023/09/how-turn-googles-privacy-sandbox-ad-tracking-and-why-you-should

Google has spun, lied and bullied Privacy Sandbox into existence; whenever this program draws enough fire, they rename it (it used to be called FLoC). But as the Apple example showed, no one wants to be spied on – that's why Google makes you find and untick three boxes to opt out of this new form of surveillance.

There is no consensual basis for mass commercial surveillance. The story that "people don't mind ads so long as they're relevant" is a lie. But even if it was true, it wouldn't be enough, because beyond the harms to being our authentic selves that come from the knowledge that we're being observed, surveillance data is a crucial ingredient for all kinds of crime, harassment, and deception.

We can't rely on companies to spy on us responsibly. Apple may have blocked third-party app spying, but they effect nonconsensual, continuous surveillance of every Apple mobile device user, and lie about it:

https://pluralistic.net/2022/11/14/luxury-surveillance/#liar-liar

That's why we should ban commercial surveillance. We should outlaw surveillance advertising. Period:

https://www.eff.org/deeplinks/2022/03/ban-online-behavioral-advertising

Contrary to the claims of surveillance profiteers, this wouldn't reduce the income to ad-supported news and other media – it would increase their revenues, by letting them place ads without relying on the surveillance troves assembled by the Google/Meta ad-tech duopoly, who take the majority of ad-revenue:

https://www.eff.org/deeplinks/2023/05/save-news-we-must-ban-surveillance-advertising

We're 30 years into the commercial surveillance pandemic and Congress still hasn't passed a federal privacy law with a private right of action. But other agencies aren't waiting for Congress. The FTC and DoJ Antitrust Divsision have proposed new merger guidelines that allow regulators to consider privacy harms when companies merge:

https://www.regulations.gov/comment/FTC-2023-0043-1569

Think here of how Google devoured Fitbit and claimed massive troves of extremely personal data, much of which was collected because employers required workers to wear biometric trackers to get the best deal on health care:

https://www.eff.org/deeplinks/2020/04/google-fitbit-merger-would-cement-googles-data-empire

Companies can't be trusted to collect, retain or use our personal data wisely. The right "balance" here is to simply ban that collection, without an explicit opt-in. The way this should work is that companies can't collect private data unless users hunt down and untick three "don't spy on me" boxes. After all, that's the standard that Google has set.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/09/29/ban-surveillance-ads/#sucker-funnel

Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg

CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en

#pluralistic #commercial surveillance #surveillance #surveillance advertising #ad-tech #behavioral advertising #ads #privacy #fraud #targeting #ad targeting #scams #scholarship #nber #merger guidelines #ftc #doj

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