Very geeky, but this kind of data-driven transformation of regulation would be 
a great plank in an innovation-centric platform. 



Here’s the solution to the Uber and Airbnb problems — and no one will like it | 
Nick Grossman's Slow Hunch
http://www.nickgrossman.is/2015/07/23/heres-the-solution-to-the-uber-and-airbnb-problems-and-no-one-will-like-it/
(via Instapaper)

It’s been a fascinating week to watch the war between Uber and the De Blasio 
administration play out.

Not surprisingly, Uber ended up carrying the day using a combination of its 
dedicated user base and its sophisticated political machine.

This is yet another very early round in what will be a long and hard war — not 
just between Uber and NYC, or Uber and other cities, but between every 
high-growth startup innovating in a regulated sector and every regulator and 
lawmaker overseeing those sectors.

Watching the big battles that have played out so far — in particular around 
Uber and Airbnb — we’ve seen the same pattern several times over: new startup 
delivers a creative and delightful new service which breaks the old rules, 
ignoring those rules until they have critical mass of happy customers; 
regulators and incumbents respond by trying to shut down the new innovation; 
startups and their happy users rain hellfire on the regulators; questions arise 
about the actual impact of the new innovation; a tiny amount of data is shared 
to settle the dispute. Rinse and repeat, over and over.

I am not sure there’s a near term alternative to this process — new ways of 
doing things will never see the light of day if step 1 is always “ask 
permission”. The answer will nearly always be no, and new ideas won’t have a 
chance to prove themselves.

Luckily, though, we have somewhat of a model to follow for a better future. 
It’s the way that these new platforms are regulating themselves. My colleague 
Brad has long said that web platforms are like governments, and that’s becoming 
clearer by the day (just look at Reddit for the latest chapter).

The primary innovation that modern web platforms have created is, essentially, 
how to regulate, adaptively, at scale. Using tons and tons of real-time data as 
their primary tool, they’ve inverted the regulatory model. Rather than seek 
onerous up-front permission to onboard, users onboard easily, but are then held 
to strict accountability through the data about their actions:


Contrast this with the traditional regulatory model — the one government uses 
to regulate the private sector, and it’s the opposite — regulations focus on 
up-front permission as the primary tool:


The reason for this makes lots of sense: when today’s regulations were designed 
(largely at the beginning of the progressive era in the early 20th century), we 
didn’t have access to real-time data. So the only feasible approach was to 
build high barriers to entry.

Today, things are different. We have data, lots of it. In the case of the 
relationship between web platforms (companies) and their users, we are 
leveraging that data to introduce a regulatory regime of data-driven 
accountability. Just ask any Uber driver what their chief complaint is, and 
you’ll likely hear that they can get booted off the platform for poor 
performance, very quickly.

Now, the question is: how can we transform our public regulations to adopt this 
kind of model? Here’s the part that no one will like:

1) Regulators need to accept a new model where they focus less on making it 
hard for people to get started. That means things relaxing licensing 
requirements (for example, all the states working on Bitcoin licensing right 
now) and increase the freedom to operate. This is critical for experimentation 
and innovation.

2) In exchange for that freedom to operate, companies will need to share data 
with regulators — un-massaged, and in real time, just like their users do with 
them. AND, will need to accept that that data may result in forms of 
accountability. For example, we should give ourselves the opportunity to enjoy 
the obvious benefits of the Ubers and Airbnbs of the world, but also recognize 
that Uber could be making NYC traffic worse, and Airbnb could be making SF 
housing affordability worse.

In other words, grant companies the freedoms they grant their users, but also 
bring the same data-driven accountability:


That is going to be a tough pill to swallow, on both sides, so I’m not sure how 
we get there. But I believe that if we’re honest with ourselves, we will 
recognize that the approach to regulation that web platforms have brought to 
their users is an innovation in its own right, and is one that we should aim to 
apply to the public layer.

Over at TechCrunch, Kim-Mai Cutler has been exploring this idea in depth. In 
her article today, she rightly points out that “Those decisions are tough if no 
one trusts each other” — platforms (rightly) don’t trust regulators not to 
instinctively clamp down on new innovations, and regulators don’t trust 
platforms to EITHER play by the existing rules OR provide in-depth data for the 
sake of accountability.

In the meantime, we’ll get to observe more battles as the war wages on.



Sent from my iPhone

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