Do you have seven minutes to watch a sweet film about a dolphin rescuing a dog who is swept off a boat in shark territory? (If you don’t, you can skip some great dolphin footage and start 2 minutes, 20 seconds in, as the dog goes over the stern, and cut off at 4:45, after the animals have made their sweet farewells. Surely, you have 2 minutes and 25 seconds you can spare. And feel free to turn off the sound. It’s just music, and repetitious music at that.) Makes you feel warm and fuzzy all over, right? Personally, I love videos about interspecies friendship, and I’ve seen a bunch of them over many years.

Screenshot from the video of a dolphin rescuing a dog.
Screenshot from the video of a dolphin rescuing a dog.

Now: do you think this is an actual event, a recreated actual event, or fiction? Why? Please share your thoughts in the comments before reading further. Then scroll down and continue to see my answer–and my reasons.

 

 

Now read my take on it:

I’m pretty sure it’s fiction. And I’m concerned that there’s no text with this film, and no credits at the end–in other words, no accountability. I have no objection to filming heartwarming works of fiction. I love that sort of thing, from Frank Capra’s “You Can’t Take it With You” to “Fried Green Tomatoes” to “Life Is Beautiful” and “Jude”. But all of these are clearly marketed as story, not fact.

In my opinion, this film is specifically designed to make most viewers believe this was a real event.

And I have trouble with that. I feel its “story-ness” should be disclosed, and we should also know who produced the film. I’ll tell you why in a moment, but first, here’s how I reached my conclusion.

Why You Can’t Necessarily Trust Your Eyes

Because I’m trained in journalism and have worked for decades in marketing, I ask hard questions about what is and isn’t real, what people’s motivations or agendas are, and how to filter information based on what’s really going on versus what the speaker or writer or photographer or filmmaker is trying to get you to think is going on.

If you watch any crime movies from the 1930s through 1950s, there’s a pretty good chance that the detective will turn to the suspect and shout, “photos don’t lie!” But here’s the thing: THAT is a lie. Photos can lie in what they choose to include or not. A famous example: the close-ups of a statue of Saddam Hussein being felled by a jubilant (and apparently huge) Baghdad crowd were discredited by wide-angle shots showing only a couple of hundred people, many of them US soldiers rather than locals. The close-ups were propaganda, not truth, even though the photos themselves were real and unretouched. And even in the 1950s–for that matter, even in the 1850s–there was a whole industry around photo alteration. This was true in film as well; ever hear the expression “left on the cutting room floor”? The technologies of photo editing and film editing go back to the earliest days of photography and filmmaking.

In today’s digital world, tools like Photoshop and video editors have transformed those doable but difficult tasks into something incredibly easy, and only an expert will be able to tell. So in this era, we can never trust that a picture or a movie is accurate unless we were there when it was shot. Thus, unfortunately, we need to bring a certain amount of critical analysis when we view any video, any photograph.

And through this lens (pun intended, I confess), when I watch this video, I immediately discard any idea that we’re watching real-time true-story footage.

Why?

7 Reasons Why I Think It’s a Fake

  1. It’s waaaay too slick. This is professionally shot and carefully edited, by a skilled camera operator using high-resolution equipment, tripods, and lighting to produce footage as good technically as anything coming out of Hollywood. In real life, this would have been shot on a cell phone, held in a hand that shook at least a little. It’s on a moving boat, after all.
  2. Much of the footage is underwater or behind the boat the dog was riding, yet no other boats are visible.
  3. When the dog slips off the deck into the water, no people are around. If anyone were filming an actual event, we’d see some kind of rescue attempt, and we certainly would not see the boat blithely continuing away, stranding the pet. At least the crew of the videography boat would get involved.
  4. It’s just too convenient that cameras happened to focus on all the key places. And yes, that’s a plural. There was one camera focused on the boat deck and later on the swimming dog, and at least one other one focused underwater at the dolphin and shark.
  5. If the shark were really close enough to attack the dog, it would have gone after the dolphin too. Giant sharks don’t care much about “collateral damage.”
  6. It strains credulity that the boat would be waiting, unmoving, in still water, just when the dolphin deposits the dog on the tailgate, considering there are plenty of waves in the dolphin-carries-dog footage.
  7. I’m suspicious of the site it’s on, something called TopBuzz, which I’ve never heard of. I didn’t notice at first when I clicked the link from a Facebook message that it had a monstrously complex tracking URL, too. Uh-oh! I’ve stripped those tracking codes out of the URL as here. To its credit, it doesn’t try to get me to watch all sorts of salacious videos, and a search for complaints brought up only questions about its relationships with content creators, not viewers. And I checked for viruses after having the page open for several hours while writing this, and it came up clean.

I’m also skeptical that this is a later recreation of a true event, although I’d grant that maybe a 10 percent chance. Why? Because much of the footage “documented” events with no witnesses. Unless one of the human crew is fluent in either dog or dolphin language, neither party could have told the story. And the dog might not even know about the shark threat. Certainly the humans in the boat that drove away would have no idea. Since we don’t know who produced this or how to get in touch with them, we have no way of knowing.

In Part 2 of this post, I talk about the deeper reasons why this matters, the implications for our democracy, and some guidance on protecting yourself against being hooked by false messages.  Click this paragraph to read it.

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Guest post by Tamsen Webster

M&Ms, with blue ones
M&Ms, with blue ones

Back in 1995, I cast a vote that had long-lasting consequences. We all did.

I’m speaking, of course, of the vote to add the color blue to M&Ms. Looking back, I realize now that it was the Brexit of candy votes.

But let me back up. For most of my childhood, M&Ms were as colorfully bland and reassuring as a 1970s kitchen.

Just dark brown, tan, orange, yellow and green. No red. Those caused cancer.

But by the time the 90s rolled around, America was in full 70s rejection mode, and M&Ms decided it was time to add a new color to the fabled mix.

And we got to vote on what it would be: pink, purple, or blue.

It wasn’t much of a decision, really: pink or purple clearly didn’t “go” with the rest of that harvest goal palette. I mean, really.

And so blue won in a landslide.

But the day they made that announcement, they told us something they hadn’t told us before: this “new color” was going to… replace… TAN.

And all of a sudden, this silly little vote had real consequences (as far as candy colors go, at least). And I didn’t like those consequences.

And I really didn’t like that I didn’t know about this whole “sacrificial tan” thing ahead of time.

I have no idea what the real reason was for M&M’s leadership to sacrifice tan. But whatever the reason, apparently it was a decision they made BEFORE they announced the results of the vote… and likely before they even decided to have a vote at all… because they had already decided to get rid of tan.

And yes, one of the truths of leadership is that sometimes there are these binary either/or choices we have to make in order to make a successful change. Opening a new office here means not opening one there. Hiring this person means not hiring that one.

But binary choices aren’t the problem. The real problem is when a binary choice isn’t presented as one. When we don’t give people full information about the change they’re about to make.

Why? Because we — all of us — are not rational decision makers, we are rationalizing decision makers.

We make decisions based on how we feel in the moment… and then we go back and think about them.

Which means, no matter how good you may make a decision feel in the moment, once people start really thinking about it, those once-happy, once-accepting people… aren’t.

Because they’ll feel manipulated, not led. And every time they do, they’ll be just a little less willing to trust the next change you put in front of them.

Do it enough? And you’ve lost your ability to lead change entirely.

So what can we do?

In the case of M&Ms, one single line might have made the difference between me happily eating blue M&Ms and my carrying the torch for tan all these years…

Here it is: “We’ve decided it’s time to replace tan…but, now you can help us decide what color we add next.” It’s a small addition, but a critical one, because it shows both sides of the choice. And we can only fully embrace change when we fully understand it.

So, if you’re a leader or manager, don’t shy away from the truth. Tell it. And where possible, give people real options to choose from. I know the “real options” part isn’t always possible — that’s back to the hard truths of leadership.

But even telling people that helps them better understand a change, because they’ll better understand where you’re coming from. Either way, the change will be more successful as a result.

So do it for that. Or do it for them.

Or just do it for tan.

#teamtan

 

Tamsen Webber is Founder and Chief Idea Whisperer, Find the Red Thread
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Social-good products like this solar-powered LED lamp make a difference AND a profit
Social-good products like this solar-powered LED lamp make a difference AND a profit

Too often, businesses think of sustainability as a “have to” instead of a “delighted to.” Let’s change that attitude! Here are three among many reasons why business leaders should be thrilled to embrace deep sustainability:

  1. The powerful business case. More and more stakeholders are demanding that the companies they patronize address wider environmental and social issues; those who fail to do this are starting to lose market share. Not only that, but going green the RIGHT way can substantially lower costs of energy, raw materials, and other goods while building in customer loyalty and tolerance for higher prices. To say it another way, greening your company can significantly up profitability! Companies in the Fortune 500 figured this out some years ago. Pretty much all of them have sustainability departments (under various names) and have made huge progress in the past decade. Of course, we still have a long way to go. But many smaller companies are resistant. Because they see expenses, not income streams, they dig in with their old, inefficient ways. But certainly, the low-hanging fruit–taking the steps with quick payback–increases profitability directly, by raising income and lowering costs.
  2. The ability to market sustainable goods, services, and processes to three different types of consumer: the Deep Green, who makes purchasing decisions contingent on social responsibility; the Lazy Green, who will do the right thing if it’s convenient; and the Nongreen, who is indifferent or even hostile to a sustainability agenda, but who will happily buy green products and services if they are positioned as superior (more comfortable, more durable, less toxic, etc.). Of course, these three kinds of customers need three different sets of marketing messages–something many green companies don’t understand, and thus leave a lot of money on the table.
  3. The power of business to go beyond sustainability—to regenerativity. To actually make things better: identify/create/market *profitable* offerings that turn hunger and poverty into abundance, war into peace, and catastrophic climate change into planetary balance. Lifting people out of poverty (and creating new markets), ending war, solving climate change as ways to make money: how cool is that?

I’ve spent the last several years studying this trend and have written an award-winning book, Guerrilla Marketing to Heal the World, that shows how in detail. It’s been endorsed by over 50 business and environmental leaders, including Seth Godin and Chicken Soup for the Soul’s Jack Canfield. You can learn more at the Guerrilla Marketing to Heal the World page at GoingBeyondSustainability.com (I think it’s by far the best of my 10 books, several of which have won awards or been translated and republished in other countries).

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Under the guise of protecting small business from frivolous lawsuits, the House of Representatives just gutted the Americans With Disabilities Act—a major piece of civil rights legislation signed by George H.W. Bush. I have to say, I’m on a LOT of small business discussion boards, and I haven’t heard any business owners screaming about hardship. Small businesses in pre-ADA buildings are exempt unless they do major renovations.

Kangaroo electric wheelchair car—One way to rethink transportation for wheelchair users
One way to rethink transportation for wheelchair users

It’s up to us to make sure the Senate doesn’t follow along. Contact your Senators and let them know this is a vote where you will hold them accountable. And if your Rep was one who voted Aye, give them a piece of your mind too.

Of course, we’ll be tempted to argue on the basis of compassion. But remember who we’re dealing with here. These people have a long history of NOT acting out of compassion, often of doing the opposite. So compassion arguments “ain’t gonna cut it.” We have to get to them on the things they will listen to: costs to taxpayers, personal hardship to them, and of course, voting and campaigning for and donating to their opponents.

For 15 years, I’ve been making the dollars-and-sense business case for going green and building social entrepreneurship into business, which means I have some experience discussing issues with people who are predisposed to oppose my position. So let me offer some talking points I think they’ll actually listen to:

  1. Don’t Waste My Tax Dollars: How dare you make it harder for productive citizens to work, just because they have disabilities. If you think I want my tax dollars squandered on welfare payments to people who could have had a job until you made it impossible to get to work, you’d better think again.
  2. Don’t Hurt the Economy by Hurting Disabled People: For new construction, it’s really easy to design in ADA compliance from the ground up. By allowing builders to take shortcuts because you took away the teeth of this legislation, you’re encouraging them to stop designing in ramps and wider doorways, setting aside parking, making elevators disabled-friendly, etc have you noticed how many people with disabilities who in pre-ADA days had to sit home and be a burden have gone on to start job-creating companies making our economy better (like the personal-transportation vehicle for wheelchair users in the photo—designed by a wheelchair-using Texas woman)? There’s even an organization of disabled business owners that was named one of President George H.W. Bush’s 1000 Points of Light. Do you really want the blame for squashing that on your shoulders?
  3. Protect Our Veterans: Do you realize that veterans have much higher disability rates than the general population (due to war wounds), and that many have a hard time finding work and frequently start their own businesses? Thus, many of these job creators are veterans.You are hurting the people who served our country and defended our freedom.
  4. Pointless Government Meddling: The ADA has been around since 1990. Most public buildings are already accessible. This is bringing in the government to break a system that’s working just fine right now, and that has enabled millions of people to be productive members of society. And if buildings are allowed to come online without meeting current ADA code, it will be expensive to retrofit them later, when (not if) this weakening of the law is repealed.
  5. Personal Inconvenience to the Senator (this one takes a wee bit of research): I noticed that [name a family member of theirs with a disability] uses a wheelchair [cane, walker, seeing-eye dog, whatever]. Do you really want to be called away from important Senate business every time [name]has to go to the bank? How do you think I’m going to feel as a [business owner, manager, productive employee supporting my family] if I have to leave work to help my Aunt Mary do things she could have done for herself until you put obstacles in her way? And what’s going to happen to you, 20 years from now, when you may not be able-bodied yourself?
  6. Vote No or You’ll Organize to Defeat the Senator During the Next Election: Don’t just pledge to vote for your Senator’s opponent. Say you’ll be willing to campaign and fundraise for someone who understands that disability rights are important. If you’ve voted, donated, or  volunteered for your Senator in the past, be sure to let them know.
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Let’s finally bury the terms “wheelchair-bound” and “confined to a wheelchair”!

For someone whose legs don’t work or don’t work well, a wheelchair is a device of liberation, opening up many places s/he couldn’t reach otherwise. With the aid of a wheelchair, a person with walking disabilities can run errands, walk in the park, hold a job that might be otherwise unavailable…

Language, too, can be liberating, instead of restricting. How about “uses a wheelchair” or “is in a wheelchair”? The way we frame things influences how we and others perceive them—that’s the secret of marketing, of politics, of education, and of changing the world. Let’s market the idea that people with disabilities can be strong, healthy, active participants in society, not bound to the furniture.

And while we’re at it, let’s do a better job of making more things accessible to people who use wheelchairs. That means more curb cuts, wider doorways, and wider bathrooms. It means rethinking transportation of people with disabilities,

Kangaroo electric wheelchair car—One way to rethink transportation for wheelchair users
One way to rethink transportation for wheelchair users

changing the ways we wait in lines, and of course, how we design wheelchairs. It means thinking about the field of vision of someone whose head is several feet lower than a standing male adult.

And also it means being much more accurate in our descriptions of just about everything. Example: If you run a restaurant and the bathroom is a 24-inch-wide sliver of space on the main floor with barely enough room for a standing human to turn around—or worse, down a steep flight of steps and a narrow hallway in the basement—don’t describe your restaurant as wheelchair-accessible, even if the front door is barrier-free.

Fix things so your place of business really IS accessible. As Boomers age and our bodies get less reliable, this makes good business sense, because more of your customers will continue to be able to visit your business.

Note: I am able-bodied. I wrote this in response to seeing a “wheelchair-bound” comment from a marketing friend in his late 50s. My views on this have been shaped by:

  1. My experience in my early 20s as a paid organizer for an elder’s rights organization
  2. Seeing the incredible things that people with disabilities have been able to accomplish when society accepts them as people who can contribute and doesn’t treat them as a burden—and noticing how much more that was in evidence after physical barriers began, slowly, to be eliminated once  the Americans with Disabilities Act of 1990 took effect.
  3. Hosting a meeting and discovering that someone who wanted to attend couldn’t come because I lived at the time in a second-floor walk-up
  4. 6 years in my 30s and 40s as an official city-appointed member of the Northampton, Massachusetts Commission on Disability, dealing with such issues as how local theaters could provide access to people with mobility impairments
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Thank you, Commissioners Mignon Clyburn and Jessica Rosenworcel for speaking truth to power. Since this is published on the FCC website, Clyburn’s is an official federal document, and thus automatically in the public domain. Please reprint widely. Rosenworcel’s may be as well, but I found it on CNET so am linking, not reprinting.

Note: I met Commissioner Clyburn several years ago when she addressed a National Conference on Media Reform. I was impressed with her as a speaker Now I am impressed with her as a writer, too.

DISSENTING STATEMENT OF COMMISSIONER MIGNON CLYBURN Re: Destroying Internet Freedom, WC Docket No. 17-108

Dissenting FCC Commissioner Mignon Clyburn in 2014 (courtesy Wikipedia)
Dissenting FCC Commissioner Mignon Clyburn in 2014 (courtesy Wikipedia)

“I dissent. I dissent from this fiercely spun, legally lightweight, consumer-harming, corporate-enabling Destroying Internet Freedom Order.

“I dissent, because I am among the millions who is outraged. Outraged, because the FCC pulls its own teeth, abdicating responsibility to protect the nation’s broadband consumers. Why are we witnessing such an unprecedented groundswell of public support, for keeping the 2015 net neutrality protections in place? Because the public can plainly see, that a soon-to-be-toothless FCC is handing the keys to the internet — the internet, one of the most remarkable, empowering, enabling inventions of our lifetime — over to a handful of multibillion dollar corporations. And if past is prologue, those very same broadband internet service providers, that the majority says you should trust to do right by you, will put profits and shareholder returns above what is best for you.

“Each of us raised our right hands when we were sworn in as FCC Commissioners, took an oath and promised to uphold our duties and responsibilities ‘to make available, so far as possible, to all the people of the United States, without discrimination… a rapid, efficient, nationwide and worldwide wire and radio communication service with adequate facilities at reasonable charges.’ Today the FCC majority officially abandons that pledge and millions have taken note.

“I do not believe that there are any FCC or Congressional offices immune to the deluge of consumer outcry. We are even hearing about state and local offices fielding calls and what is always newsworthy is that at last count, five Republican Members of Congress went on the record in calling for a halt of today’s vote. Why such a bipartisan outcry? Because the large majority of Americans are in favor of keeping strong net neutrality rules in place. The sad thing about this commentary, it pains me to say, is what I can only describe as the new norm at the FCC: a majority that is ignoring the will of the people. A majority that will stand idly by while the people they serve lose.

“We have heard story after story of what net neutrality means to consumers and small businesses from places as diverse as Los Angeles’ Skid Row and Marietta, Ohio. I hold in my hand letters that plead with the FCC to keep our net neutrality rules in place but what is striking and in keeping with the new norm, despite the millions of comments, letters and calls received, this Order cites not even one. That speaks volumes about the direction the FCC is heading. That speaks volumes about just who is being heard.

“Sole proprietors, whose entire business model, depends on an open internet, are worried that the absence of clear and enforceable net neutrality protections will result in higher costs and fewer benefits because you see: they are not able to pay tolls for premium access. Even large online businesses have weighed in, expressing concern about being subject to added charges as they simply try to reach their own customers. Engineers have submitted comments including many of the internet’s pioneers, sharing with the FCC majority, the fundamentals of how the internet works because from where they sit, there is no way that an item like this would ever see the light of day, if the majority understood the platform some of them helped to create.

“I have heard from innovators, worried that we are standing up a mother-may-I regime, where the broadband provider becomes arbiter of acceptable online business models. And yes, I have heard from consumers, who are worried given that their broadband provider has already shown that they will charge inscrutable below-the-line fees, raise prices unexpectedly and put consumers on hold for hours at a time. Who will have their best interests at heart in a world without clear and enforceable rules overseen by an agency with clear enforcement authority? A toothless FCC?

“There has been a darker side to all of this over the past few weeks. Threats and intimidation. Personal attacks. Nazis cheering. Russian influence. Fake comments. Those are unacceptable. Some are illegal. They all are to be rejected. But what is also not acceptable is the FCC’s refusal to cooperate with state attorney general investigations, or allow evidence in the record that would undercut a preordained outcome.

“Many have asked, what happens next? How will all of this — net neutrality, my internet experience — look after today? My answer is simple. When the current protections are abandoned, and the rules that have been officially in place since 2015 are repealed, we will have a Cheshire cat version of net neutrality. We will be in a world where regulatory substance fades to black, and all that is left is a broadband provider’s toothy grin and those oh so comforting words: We have every incentive to do the right thing. What they will soon have is every incentive to do their own thing.

“Now the results of throwing out your net neutrality protections may not be felt right away. Most of us will get up tomorrow morning and over the next week wade through hundreds of headlines, turn away from those endless prognosticators and submerge ourselves in a sea of holiday bliss. But what we have wrought will one day be apparent and by then, when you really see what has changed, I fear, it may not only be too late to do anything about it, because there will be no agency empowered to address your concerns. This item insidiously ensures the FCC will never be able to fully grasp the harm it may have unleashed on the internet ecosystem. And that inability might lead decision-makers to conclude, that the next internet startup that failed to flourish and attempted to seek relief, simply had a bad business plan, when in fact what was missing was a level playing field online.

“Particularly damning is what today’s repeal will mean for marginalized groups, like communities of color, that rely on platforms like the internet to communicate, because traditional outlets do not consider their issues or concerns worthy of any coverage. It was through social media that the world first heard about Ferguson, Missouri, because legacy news outlets did not consider it important until the hashtag started trending. It has been through online video services that targeted entertainment has thrived, where stories are finally being told because those same programming were repeatedly rejected by mainstream distribution and media outlets. And it has been through secure messaging platforms, where activists have communicated and organized for justice without gatekeepers with differing opinions blocking them.

“Where will the next significant attack on internet freedom come from? Maybe from a broadband provider allowing its network to congest, making a high-traffic video provider ask what more can it pay to make the pain stop. That will never happen you say? Well it already has. The difference now, is the open question of what is stopping them? The difference after today’s vote, is that no one will be able to stop them.

“Maybe several providers will quietly roll out paid prioritization packages that enable deep-pocketed players to cut the queue. Maybe a vertically integrated broadband provider decides that it will favor its own apps and services. Or some high-value internet-of-things traffic will be subject to an additional fee. Maybe some of these actions will be cloaked under nondisclosure agreements and wrapped up in mandatory arbitration clauses so that it will be a breach of contract to disclose these publicly or take the provider to court over any wrongdoing. Some may say ‘Of Course this will never happen?” After today’s vote, what will be in place to stop them?

“What we do know, is that broadband providers did not even wait for the ink to dry on this Order before making their moves. One broadband provider, who had in the past promised to not engage in paid prioritization, has now quietly dropped that promise from its list of commitments on its website. What’s next? Blocking or throttling? That will never happen? After today’s vote, exactly who is the cop of the beat that can or will stop them?

“And just who will be impacted the most? Consumers and small businesses, that’s who. The internet continues to evolve and has become ever more critical for every participant in our 21st century ecosystem: Government services have migrated online, as have educational opportunities and job notices and applications, but at the same time, broadband providers have continued to consolidate, becoming bigger. They own their own content, they own media companies and they own or have an interest in other types of services.

“Why are millions so alarmed? Because they understand the risks this all poses and even those who may not know what Title II authority is, know that they will be at risk without it.

“I have been asking myself repeatedly, why the majority is so singularly focused on overturning these wildly popular rules? Is it simply because they felt that the 2015 net neutrality order, which threw out over 700 rules and dispensed with more than 25 provisions, was too heavy-handed? Is this a ploy to create a ‘need’ for legislation where there was none before? Or is it to establish uncertainty where little previously existed?

“Is it a tactic to undermine the net neutrality protections adopted in 2015 that are currently parked at the Supreme Court? You know, the same rules that were resoundingly upheld by the DC Circuit last year? No doubt, we will see a rush to the courthouse, asking the Supreme Court to vacate and remand the substantive rules we fought so hard for over the past few years, because today, the FCC uses legally suspect means to clear the decks of substantive protections for consumers and competition.

“It is abundantly clear why we see so much bad process with this item: because the fix was already in. There is no real mention of the thousands of net neutrality complaints filed by consumers. Why? The majority has refused to put them in the record while maintaining the rhetoric that there have been no real violations. Record evidence of the massive incentives and abilities of broadband providers to act in anti-competitive ways are missing from the docket? Why? Because they have refused to use the data and knowledge the agency does have, and has relied upon in the past to inform our merger reviews. As the majority has shown again and again, the views of individuals do not matter, including the views of those who care deeply about the substance, but are not Washington insiders.

“There is a basic fallacy underlying the majority’s actions and rhetoric today: the assumption of what is best for broadband providers is best for America. Breathless claims about unshackling broadband services from unnecessary regulation are only about ensuring that broadband providers have the keys to the internet. Assertions that this is merely a return to some imaginary status quo ante, cannot hide the fact, that this is the very first time that the FCC has disavowed substantive protections for consumers online.

“And when the current, 2015 net neutrality rules are laid to waste, we may be left with no single authority with the power to protect consumers. Now this Order loudly crows about handing over authority of broadband to the FTC, but what is absent from the Order and glossed over in that haphazardly issued afterthought of a Memorandum of Understanding or MOU, is that the FTC is an agency, with no technical expertise in telecommunications; the FTC is an agency that may not even have authority over broadband providers in the first instance; the FTC is an agency that if you can even reach that high bar of proving unfair or deceptive practices and that there is substantialconsumer injury, it will take years upon years to remedy. But don’t just take my word for it: even one of the FTC’s own Commissioners has articulated these very concerns. And if you’re wondering why the FCC is preempting state consumer protection laws in this item without notice, let me help you with a simple jingle that you can easily commit to memory: If it benefits industry, preemption is good; if it benefits consumers, preemption is bad.

“Reclassification of broadband will do more than wreak havoc on net neutrality. It will also undermine our universal service construct for years to come, something which the Order implicitly acknowledges. It will undermine the Lifeline program. It will weaken our ability to support robust broadband infrastructure deployment. And what we will soon find out, is what a broadband market unencumbered by robust consumer protections will look like. I suspect the result will not be pretty.

“I know there are many questions on the mind of Americans right now, including what the repeal of net neutrality will mean for them. To help answer outstanding questions I will host a town hall through Twitter next Tuesday at 2 p.m. ET. What saddens me is that the agency that is supposed to protect you is abandoning you, but what I am pleased to be able to say is the fight to save net neutrality does not end today. This agency does not have, the final word. Thank goodness.

“As I close my eulogy of our 2015 net neutrality rules, carefully crafted rules that struck an appropriate balance in providing consumer protections and enabling opportunities and investment, I take ironic comfort in the words of then Commissioner Pai from 2015, because I believe this will ring true about this Destroying Internet Freedom Order:

I am optimistic, that we will look back on today’s vote as an aberration, a temporary deviation from the bipartisan path, that has served us so well. I don’t know whether this plan will be vacated by a court, reversed by Congress, or overturned by a future Commission. But I do believe that its days are numbered.

“Amen to that, Mr. Chairman. Amen to that.”

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So, great—Time Magazine wants public feedback on its 33 finalists for Person of the Year. I love to share my views, so of course I clicked over to participate. But I couldn’t find a way to see the list of nominees without scrolling through 33 yes-or-no votes, one at a time. Not knowing the full list, I don’t want to vote prematurely. Doesn’t look like there’s a way to go back and undo a choice.

Time Magazine's Person of the Year poll doesn't let you see the choices before voting
Time Magazine’s Person of the Year Poll Doesn’t Let You See the Choices Before Voting

I’d ask them but can’t even find a contact page except for subscriber support (and I’m not a subscriber). 

Besides, if you only want to (and are eligible to) vote for one, why would they make us go through 32 no votes? It would be very easy to have a grid of 33 captioned pictures, and you could click on the one you want to vote for. It also doesn’t say as you’re voting (or even when you’re done) whether a later yes vote invalidates the earlier one. If it doesn’t, that would justify the format, but they should explain this. If it does, it makes the situation even worse.

This is so lame, and I feel so disenfranchised! You’d think Time would have better user interface design. Ugh!

Oh, here’s the secret, which I discovered when I went back to grab a screen shot: There’s one little red line to click, directly beneath the huge graphic, if you want to see the results so far—and that shows the list.

Time's Person of the Year Poll—secret key to see the list
Time’s Person of the Year Poll—Secret Key to See the List

Still have to make the ridiculous 33 checkmarks and 76 unnecessary clicks, but at least you can cast an informed vote. Saudi Arabia’s power-grabbing prince is currently well in the lead. I cast my vote for the #metoo hashtag, even if the idea of a hashtag being a person is almost even stranger than the idea that corporations are people.

It’s good to see a good spectrum of cultural and political diversity in the finalists, from low-income people of color to rich white men with reactionary views. Other nominees I could have supported included San Juan (Puerto Rico) mayor Carmen Yulín, Colin Kaepernick, Pope Frances, and the Dreamer kids. Surprisingly, Standing Rock Water Protectors were not on the list.

Time Poll—First screen of the list
Time Poll—First screen of the list

For decades, I’ve felt that if I got to make the rules for life, one of them would be this: no product goes to market until its designers had lived with it for 6 to 12 months and tested it thoroughly. From a user point of view, this poll is a perfect example of why we need a rule like that.

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You know all those messages that say “This call may be monitored or recorded to ensure quality?” I always used to wonder what that actually meant. My best guess was that it was to make sure customer service reps (CSRs) toed the party line.

Yesterday, I found out.

I called my cell phone provider to complain about hundreds of dollars in international charges. Back in May, before my wife and I went traveling abroad, I’d called the company to ask about what is or isn’t chargeable when traveling out-of-country, before the first of several trips abroad.

At that time, the customer service person assured me that any call made TO a US number would be free. But our bills showed charges of 20 cents per minute, and my son was on a three-month European tour as a traveling musician this fall, and because we thought it was free, he used the phone. A lot!

The writer's son checking his phone (at the Women's March in Washington, January 21, 2017)
My son checking his phone (at the Women’s March in Washington, January 21, 2017). Photo by Shel Horowitz.

The first person I spoke with yesterday told me it was only free over wi-fi. This was very annoying, because I had switched to this company largely because of the promise of seamless international service. When I got put through to a supervisor, he told me he wanted to track down the original phone call and listen to it. He called me back about an hour later with the good news that he was crediting everything I asked for. Here’s a piece of his email confirmation.

Hi Shel,

It was good speaking with you earlier. I know these past few bills caught you by surprise, but I am so glad I could help you out with some of these charges. I have submitted two requests to cover these charges that came out to a total of $419.58. The first request will remove $229.28 from your latest November 14 Project Fi bill. I have also submitted a request to refund a total of $190.30 from your previous two Project Fi bills.
I did suggest that the company be considerably more forthright in its marketing, and the supervisor said he’d run across other similar situations and agreed. But I certainly can’t fault the customer service, and am very happy to learn that recording a customer service call actually can lead to happy outcomes.
Lesson for the future: any time I am in a customer service dispute involving an oral promise, I need to remember that *I* can ask them to go back and listen to the original call. The worst they can say is no.
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