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New Intermediaries: Extra-territorial Platforms

This chapter examines the factors that led to the advent of the very powerful intermediation services that web platforms provide. Imagined in America some twenty years ago by companies whose services are now used all over the world, these services overturn a large number of traditions and habits. The new intermediaries threaten professions that were thought to be firmly established: advertising, newspapers, taxis, hotels, etc. The author explains that this is a paradigm shift with profound and lasting consequences. He describes the impact on markets, on competition and even on the administrative and political society that, he says, is not prepared to manage the inevitable transition towards algorithmic intermediation. These powerful companies continuously observe economic agents, consumers and the territory of our cities and countryside. Those that hold the upper hand are mainly American and Chinese; their expertise constitutes a considerable competitive advantage, which explains why our populations gladly adhere to the multiple amenities they deliver.

This text is based on a solid knowledge of the methods and processes associated with digital platforms. It analyzes the disruption of trade that plays in favor of web operators, without deviation: well exploited by algorithms, the multiple and precise data that these platforms hold on the real world overthrows the previous state. Social balances are also upset by the intervention of “over the top” operators such as: Apple, Amazon, Google, Facebook, Tencent or Alibaba. To conclude, the author summarizes some of the issues of this digital transformation that affect our public life, and maybe even our institutions1. The digital revolution is transforming the world. While new services are widely acclaimed by the population, our political systems regularly remind us that disruptive innovations are often on the margins of legality and disturb social balance. Big data, the raw material of digital technology, are helping to shape new power relations between citizens, businesses and countries. However, the mutation of our societies, which is rich in promises but not without threats, seems irreversible, as it is carried by a wave of changes that transforms access to many resources. The mechanism that explains the disruption with the previous situation has a name: it is algorithmic intermediation.

Conflicts between digital platforms and territories are multiplying all over the world. The global company Uber, emblematic of the current social disruptions, has such a track record that the new verb, “uberize”, has appeared in political language to identify the shift to a global platform of activities and functions that were once performed by local companies. Many economic sectors are or could be affected by uberization. Our objective is to show what explains this profound mutation that is undermining our societies: it is a new form of intermediation based on algorithms, an intermediation that is far from the physical world over which it has a strong influence.

Digital data, which we understand to be the origin of the disruption of balances in place, are the subject of sensational media coverage. The term Big Data has experienced a meteoric rise since 2011: a report by renowned consultants [MAN 11] showed the incredible economic potential of exploiting massive data: 300 billion dollars annually for the management of the American health system; 250 billion euros annually for public administration in Europe2. The exponential growth of data production is mind-bending; this growth justifies the interest that is given to them. However, vocabulary and concepts change rapidly, demonstrating, if need be, the extreme speed of technological and societal change. The focus on big data will one day disappear, just as the focus on information and communication technologies has disappeared, even though they have enabled the development of essential infrastructures which, because they work flawlessly, are no longer of political concern. When the future of digital applications is clearer, big data will receive less attention! Computer scientists have developed technologies that have allowed the emergence of new digital services; they are therefore, initially involuntary, the origin of a revolution that now goes beyond them and affects our common future. This revolution rests on three pillars: the continuous connection of humans to the network, which is increasingly complemented by the connection of objects; the progressive digitalization of the real world, in its dynamics; and a rapidly expanding computing power.

What has changed?

Intermediation has always been an essential phenomenon for the functioning of society3. It connects people with goods or services in markets where producers and consumers meet, such as drivers and passengers of a motor vehicle. For traditional organizations, not much has changed except that the use of computer tools improves their functioning, without calling it into question. On the other hand, players are emerging from nothing; they can sometimes question existing balances, if they are notably inserted between service producers and their clients. It is then said that they disintermediate them. This is the case for taxi companies and newspapers, for example. What data allows, especially through the continuous flow that provides operators with a dynamic picture of the real world at all times, is to design intermediation in a more efficient way than traditional operators can:

  • – more efficient because it takes full advantage of information that traditional businesses do not have access to;
  • – more efficient because the cyber-intermediary is freed from the various constraints of the real economy;
  • – more efficient also thanks to its ability to customize services, to tailor them to each user.

Algorithmic intermediation lies wherever there is a two-sided market; it makes it possible to develop platforms and services that become essential to the functioning of all sectors of our society. Should we rejoice? Certainly, because exploiting data allows services of renewed performance and depth. Access to knowledge is a good example. Should we worry about that? Equally so, because in the short term, the reorganization of services creates a gap between the past and the future, which is a profound disruption in society. In the long term, the use of data is likely to influence some societal choices. New balances will then be established between countries, platforms and citizens, which will be crucial for the future. The above-mentioned developments cannot be analyzed without linking them to the global challenges that are involved in global resource management. Algorithmic intermediation facilitates a renewed use of resources, as demonstrated by numerous sharing or crowdsourcing offers, for example [COL 12]. However, the link between the digital revolution and resources could be even deeper than it seems at first glance.

The following is structured as follows: in the next section, we recall the economic mechanisms of intermediation; we then present the economics of platforms; and then some specific laws of the “new economy”, the one characterized by algorithmic intermediation. We then discuss the involvement of resource intermediation; and lastly, we discuss some more political perspectives.

Intermediation

Social data, those derived from human activities (as opposed to scientific data), are, for the most part, stored and processed on interactive platforms, one of the main functions of which is to offer services to users. These platforms are primarily at the heart of the economic and social organization that was brought about by the digital revolution. Intermediaries put people in contact with other people, people with goods or services that they need or that could be useful to them. They either do this:

  • at an individual level: obtaining care, borrowing from a bank, arranging a trip and, more generally, purchasing goods or receiving a service, all of which are routine activities that involve third parties. Intermediaries have the knowledge to both identify potential partners and connect them at the right time;
  • at a more global level: business, international trade, the exploitation of raw materials or the production of manufactured goods that rely on a set of organizations, some of which are dedicated to intermediation, in other words, they bring potential partners together.

Being omnipresent at all levels of our societies, the intermediary brings together operators who need each other in order to develop their respective activities, such as customers and traders or patients and doctors. The two-sided economy involves two groups of operators, whose activities are linked via a network [ROC 03, ROT 07]. Examples of such two-sided markets exist in abundance: a payment card is a good illustration, with card holders on the one side, and merchants associated with the payment system on the other. Job searching, or more generally, the search for partners, whatever the type of exchange that is established between people, is another form of intermediation. Another good example is online sales systems (private to private or professional to private). And, of course, all digital economy systems such as search engines, video sharing, social networks, open source software or iOS (Apple) and Android (Google) stores that associate developers and users…

Linking suppliers and consumers of goods or services can take many different forms: the supplier and the consumer can meet directly, as is often the case with personal services; conversely, potential partners may also only interact through a good or service, which occurs in order to manage the savings of individuals in banks and to convert said savings into credit. Moreover, certain intermediation operators may be involved in the exchange itself, which sometimes makes their role less explicit since it may be masked by their activity of producing goods or services.

Generally speaking, all intermediation is, by its very nature, information processing: it is information gathered by the intermediary that enables them to identify possible correspondences between producers and consumers. The intermediary must therefore know the players involved as well as possible, whether they be producers or consumers. This empirical knowledge and the resulting analytical treatment are fundamental to establishing an effective and relevant relationship between the parties. The size of the intermediary operator is also decisive because its power depends directly on the number of users, which inevitably leads to the emergence of giant operators. This explains why the digital revolution is upsetting this financial sector, which depends so crucially on data and on the power of the associated algorithmic processing.

Data literacy is not the only reason why the digital industry is introducing such an important revolution in and through intermediation. Intermediation is inseparable from the complexity of our societies: mastery of information, development of complex processes, sharing of tasks and knowledge, distributed governance between operators, orchestrated by asynchronous algorithms. Intermediation is in their very nature; it is therefore only natural that digital enterprises intervene at all levels of our society: algorithmic intermediation is their main means of action.

Banking and insurance are other classic examples of intermediaries that are widely studied by economists. However, a very broad spectrum of activities also includes intermediation in services, in a less visible way. This is particularly the case in sectors involving complementary operators. Identifying these activities is essential because wherever this form of intermediation exists, digital technology has a strong potential for disruption. Algorithmic intermediation can, on the other hand, disintermediate traditional operators, deprive them of their link with their clients and, by the same means, seriously undermine their economic model, or even render their purpose obsolete. Many fields, as diverse as education, the press, health or taxation, deserve particular examination in this respect: all ensure a link (between students and teachers, journalists and readers, nurses and patients, taxpayers and citizens); they are (or will be) therefore struck, one day or another and to varying degrees, by digital operators. Digital intermediation develops open ecosystems that host their users, in addition to providing them with an infrastructure to host services that are developed by third parties. This model, two-sided by nature, serves as a link between users and services.

Platform economics

Intermediation platforms pursue two complementary objectives:

  • – ensure a direct link with users;
  • – attract services to their ecosystem.

A direct link with users is essential in order to know them and collect data about them. Maintaining this link is a challenge, because disintermediation can be carried out quickly, to the detriment of both traditional and digital players. But, once disintermediated, the operator loses the ability to collect personal data about users. A good example of disintermediation is the extensive functionality of a search engine that offers a direct display of responses to a query, above the list of hypertext links such as weather, timetables or encyclopedia excerpts (a display that provides real comfort for the user). Display of the search engine cuts all links with those who provide information: direct access to their site is no longer necessary. This debate over the Google News engine has caused rage in a number of countries, including Spain, which has banned it in order to protect its media outlets4.

Building an ecosystem using an API5 through which developers can install their services is, as we have seen, essential in terms of attracting new providers to a platform; conversely, the more a platform is used, the more important it is for an application developer to be present on it. Like other two-sided markets, a platform must therefore solve the problem of the chicken and the egg; it must bring together a maximum number of users and a maximum number of applications, with each side of this market improving the attraction of the other! Intermediation platforms must therefore, whatever their sector of activity, be as offensive towards both sides of their market as users and service providers are. Moreover, they share the same organizational model around three main axes [CHO 15]:

  • an infrastructure consisting of all the basic services offered to users or thirdparty services;
  • data that keeps track of the activity deployed by the various services;
  • – a network of users and their interactions.

Depending on the activity and maturity of the platforms, these three axes are more or less important. For market platforms such as Airbnb or Uber, the network is crucial. This is also the case for social networks such as Twitter. Conversely, Android, which is also a platform on which many applications have been developed, is the primary equivalent of an infrastructure. Data, the raw material of all these platforms, are used more or less efficiently depending on their status and type. However, the general principles are the same for everyone; it can then be easily understood why digital platforms can be revolutionary compared to the organizations that preceded them. The processing of this data is based on the following three pillars:

  • – the collection of primary data, those that pre-exist at the platform, followed by their analysis and transformation in order to generate a first category of services;
  • – secondly; traces of service usage that allow new services to be created from these secondary data;
  • – thirdly; traces of the overall functioning of the system, which allows its continuous improvement.

Primary data are, in a general way, external to the platform, constituted for example by the web pages collated by a search engine. Primary data are created outside the platform; they hence require no special effort on the operator’s part, except to collect and store them for further processing. Two models coexist for this primary data, depending on whether the platform hosts the data or not. In the case of a search engine, for example, data are generated and stored elsewhere, collected by continuous browsing and downloading. The algorithm, called the crawler6, follows hyperlinks and copies everything it finds along its way. Social networks, on the other hand, host the data that users of the services upload themselves: they store and process it; data gathered by a social network remain under the platform’s control. This scheme is becoming widespread on the cloud, in which users have a scalable storage volume and computing capacity. Many platforms combine the two previous types: their primary data are partly collected externally and partly hosted internally. Mapping services are a good example of such a juxtaposition: on maps, a lot of information comes from large urban services or geographical institutes; while others are entered by individual users: photos, travel speeds, restaurant ratings, etc.

The undeniable disruption with the past lies in the granularity of all these data7. Platforms assemble coarse-grained data (in other words, aggregate data, such as maps) with fine-grained data (such as user traces). This association makes it possible to establish a mapping of variable scale, on which the user can zoom. Such a combination, on a very large scale, was absolutely unthinkable before. It obviously opens the door to radically new services that make it possible to monitor, for example, the behavior of a large population, such as the accumulation of evidence indicating the spread of a virus within a particular territory8. Lastly, platforms are continuously analyzing their own operations, in order to offer the public a service that improves over time. They push these learning techniques to the highest level and combine them with marketing, which allows different approaches to be tested and compared. An example: A/B testing makes it possible to present the same web page in two slightly different versions to similar groups of users, simultaneously; and to select, almost in real time, the version of the site that gives the best result9!

Laws of the digital economy

Some basic “laws”, sometimes different from those of conventional economics, may apply to intermediation platforms as a whole. They better explain their immense success, their capacity for disruption and the new perspectives they open to society.

The two-sided digital economy

As we have seen above, the intermediary derives its effectiveness from its ability to treat the two sides of the market differently, of which it is the pivot. As soon as a service is launched and throughout the operation of this intermediation service, the operator makes every effort to develop the activity and eventually maximize its profit. One example is that of a payment card: consumers pay a relatively negligible fixed annual fee for such a card; traders, the other side of this market, pay a contribution that is proportional to the turnover paid to them by credit cards. The resources of the intermediary, who manages this means of payment, come from each of the two sides of this market (consumers and traders). This economic model is fundamentally different from the classic model, in which the trader’s activity benefits from economies of scale that gradually reduce the price of his collections as his turnover increases.

In many forms of intermediation, prices must be low, or even zero, in order to ensure the success of the intermediary, who may be able to increase the users’ contribution later when his position becomes comfortable. A balance must therefore be struck between increasing revenues and network deployment. The founder of the Amazon online sales platform, Jeff Bezos, first promoted the expansion of his network rather than the increase in revenue from sales; over the long term, his shareholders supported him: despite zero or even negative results, the platform finally established itself as an essential intermediary. In such a case, two concepts are contrasted at first glance: either investing to build long-term potential, or striving to make a profit in the short term! For most systems that offer a non-market service, such as search engines or social networks, the user knows full well that he does not pay for the service provided by the platform operator; but that the trace of the operations he/she performs is exploited by the operator according to rules that evolve over time, and which are not always the same for all operators.

Lastly, if the intermediary’s primary objective is to increase exchanges between the two sides of its clientele, it also enables them to establish relations within the same market component: on the same side, traders (or consumers) may try to cooperate with each other, for example. Or, on the contrary, they may be very competitive, opposing one another. For example, cooperation between players who play the same video game is frequent, especially in multiplayer games; similarly, the voluntary collaboration of developers of free software (so-called open source software) allows the constant improvement of such software, which is the product of a collaborative institution. On the other hand, competition occurs between companies that offer the same services to the same clientele or that seek to expand their clientele through the platform. These two modes of interaction (cooperation or competition between parties that are simultaneously present on the same side of the market) have an essential role for vehicle driver services: drivers, like passengers, are assessed by the other party (drivers are rated by customers and customers are rated by drivers); all compete with each other, both on the driver side and on the customer side of this dual market (see Uber).

Role of externalities

The competitive advantage or disadvantage of an intermediation platform is generally based on externalities10. These externalities can be positive or negative for third parties; they can be advantageous for some third parties and disadvantageous for others. Even more than in the classical economy, we can say that externalities play an essential role in the digital world. This is the case, of course, for Google, which is turning the economy of knowledge upside down in a way that is rather favorable to the majority of people (positive externality) but whose effect on the advertising market reflects a significant negative externality: the leader in search engines generated advertising revenue of nearly 60 billion dollars in 2014, to the detriment of other advertising media such as the written press or television!

However, data collected by intermediation operators are incredibly rich. They essentially reveal what is happening in the world through a continuous flow of information. They enable the holders of this information to maintain their knowledge of the field in real time, during the many interactions that pass through them. Thanks to these immense masses of data, they can extract new services that are sometimes independent of the initial service, precisely thanks to externalities. Non-monetized intermediation systems (a search engine, social networks, etc.) generate positive externalities that stimulate their activity. There is no reason why this should be different from monetized intermediation, such as transport (Triago) or accommodation (Airbnb), even if the intermediary’s income is based on a commission proportional to the amount of the transactions carried out.

Platforms like Uber now work closely with city administration. It is clear that such an operator will quickly be able to offer services similar to those provided by administrations – perhaps even more up-to-date? These services may be more effective because of their agility and the voluntary contribution of a large community of users, who thus become players in urban management. This new economy of resources, including but not limited to human resources, is also a strategic aspect of platforms. Externalities abound, especially for services that exploit geo-positioning: for mobile telephones, Android and iOS have far more sensors and much faster data processing than any territorial administration that would plan and organize travel or car traffic. On a completely different level, sales platforms can gather statistics on economic exchanges in real time, something that could replace or even contradict official statistics.

Abstraction in the cloud

Data collected by the platforms form a kind of mirror of the physical world; like any mirror, it is possible to view what is happening in the world without, however, having any interaction with it. Platforms are of course based on infrastructures, on data centers and on communication networks which are a significant investment11, but without any connection with the intermediated world. It is therefore possible to establish and organize an interaction between two parties without any contact with them, or any link with the world they live in. Thus, Uber connects drivers and passengers in cities where this company has no other presence, except to arrange remote exchange between transport applicants and private drivers who are available to provide it. Uber has, however, a detailed representation of the city, of the vehicles that move in the urban space, of car traffic etc. This knowledge of the terrain allows Uber to match supply with demand at a faster pace than other carriers can.

Kept in a cloud (cloud computing), this abstract information about the territory is disruptive because it allows a service to be rendered without any visible presence on the ground12. Worse still, intermediation in the cloud reaches a bewildering efficiency compared to the one their traditional competitors in the field are able to deliver13.

Law of concentration

Intermediation platforms did not exist until the 21st century, so to speak; they have grown extremely rapidly; today they are disrupting many things. This is not surprising given the exceptional quality of their services. Their massive adoption in the world population gives them economic weight of the highest order: top world capitalizations are leaders in algorithmic intermediation: Alphabet, Alibaba, Apple, Google, Microsoft, Facebook, Tencent etc.

In almost all fields, one platform dominates its sector with a much higher number of users than its competitors14. This dominance of the larger platform is partly due to the fact that the power of the platforms follows “Metcalfe law”, which depends on the number of its users, in a quadratic manner15. It is also due to the fact that regional and local idiosyncrasies have a limited influence on this type of activity. Thus, Uber manages what could be considered as a universal transport service, which sparsely depends on local conditions and which is deployed over very varied territories, to such a point that it sometimes eliminates local operators that were installed long before it! This dominance of the leader is also due to venture capital, which invests heavily in a large number of projects, but only recovers its bet on the very few winners who are thus propelled to the top, eradicating a good part of the competition even if it existed well before their arrival. Moreover, concentration is not only capital-intensive; the number of users also follows a law of power: the result, for all economic sectors, is that the dominant platform is surrounded by a small number of operators, whose significance decreases to a modest size that allows many competitors to continue to compete. The concentration is also geographical, because few countries have been able to create large platforms; the United States are the first and the bay of San Francisco, the modern-world Venice, hosts most of them…

Two major transformations

As we have just pointed out, two transformations are rattling the world today: the digital revolution, on the one hand, and the climate revolution, on the other. Both of these disruptions are causing concern and profound change as a result of human activities. The digital revolution, which was made possible by new electronic technologies, seems to be heralding a new world. Conversely, the climate revolution, a negative externality of human activities and predominantly recognized since the first industrial revolution, seems to condemn certain practices. These two contemporary revolutions are probably less independent of each other than they seem at first sight; as digital technology is discovering new forms of organization and use of resources, particularly thanks to algorithmic intermediation. Beyond that, we can also see a feedback of resilience for our societies in digital technology [GRU 15].

The new digital economy primarily imposes a horizontal society, to the detriment of its previous vertical approach. This results from the continuous connection of each person to communication systems, in addition to the ability to interact with others through networks; for example, so-called social networks. The information systems preceding the Internet were very different: only point-to-point communication, especially by telephone, was available at the time, and only a tiny portion of the population was able to broadcast on mass media. Inevitably, communication that technology now allows is weakening vertical media, in other words: the hierarchy of communication structures is changing, and the governance of our society is being affected. Platforms play a decisive role in this change. Indeed, they contribute to destabilizing previous operators, following a rather simple process: the algorithmic intermediary operates a double shift of power, on the one side, downwards, which is favorable to the users of the services; and on the other, upwards, towards the platforms themselves, to the detriment of the established intermediaries. This double displacement:

  • – gives full power to the users (consumer’s empowerment) through the services of greater abstraction, independent of the place where the service is rendered;
  • – the upward displacement is facilitated by the platform’s ability to regulate intermediation between a very large number of players; it thus recovers valuable data and the associated business potential.

Historical intermediaries under threat

This double transfer of economic power is disturbing. An example that illustrates this phenomenon perfectly, which has already been cited several times, is that of taxi companies whose economic model is so damaged that their survival could be challenged. Beyond their economic model, the purpose of these many operators is collapsing. Another example, on a global scale: a significant proportion of the press has disappeared over the last decade16. Publishing houses are being challenged by self-publishing and digital distribution networks like Amazon, for example.

All players operating on two-sided markets are radically affected by one or more algorithmic intermediaries. Thus the real risk of being completely – or partially – overwhelmed because of digital technology. Why? Because the platforms offer personalized services of a higher quality than before. Let us return to books: a book can be self-produced by the author who has direct access to the various trades contributing to the manufacture and distribution of a book, which was formerly the prerogative of the single publishing house17. Production costs are reduced accordingly. This ability to connect directly with the professions that accomplish, produce and distribute a book illustrates the phenomenon mentioned above: it allows everyone to access the different professions in the book chain without an institutional intermediary. The institution which held this assembly ability and was thus the obligatory passage for the individual who needed it has been called into question. The professional monopoly collapses. Access to the essential resource, that of publishers’ expertise, has changed.

The strength of the platforms also lies in their detachment from the physical world in which they operate, a detachment that is strong for Google, weaker for Amazon storing and delivering objects everywhere in the world. The disruption capacity of both remains strong because their services are of a high level of abstraction, more abstract than those of traditional players who are disturbed by digital newcomers (e.g. publishers or booksellers facing Amazon); platforms are not constrained either by the safeguarding of what already exists, or by the regulatory or organizational constraints imposed on established players; the latter, however, will naturally try to preserve their position, at least in part! We understand the scope of this revolution for a number of sectors that are part of a two-sided market: producers, on the one hand, and consumers of services, on the other18. State institutions will undoubtedly not escape this threat, even if they have significant inertia as a result of their weak link with any market: universities, for example, would benefit from taking advantage of a development that could lead students to resort to education outside the institution in which they are enrolled! This phenomenon is already noticeable, since it already happens that young engineers are asked to post their curriculum on platforms (like GitHub, for example) beyond their academic career, stricto sensu.

Going towards a new management of resources

How could algorithmic intermediation lead to a new resource policy? It is easy to understand: the interconnection of all the players and the ability to link a platform independent of specific interests allows new access to resources. Crowdfunding amply demonstrates this potential for financing initiatives19. However, there are other factors at work because intermediation platforms sometimes allow the reversibility of market sides; in other words, the possibility for users to work on either side of the market, concurrently or successively, which amounts to behaving as a consumer or as a producer20! The example of transport on demand, where occasional drivers replace taxis, illustrates an extraordinarily flexible offer that calls a traditional profession (taxis) and the corresponding labor law into question. This is how risks and opportunities mix. However, what clearly follows from this is also the emergence of a different type of human resources management that results from the ability to mobilize adaptive and agile resources.

Internet generalized to objects

Intermediation between humans will rapidly extend to non-human players, for example, transforming the energy environment: the single and reliable producer who supplies millions of consumers could evolve towards a distributed system that would rely on millions of less reliable producers, capable however of supplying millions of consumers; this would require that intermediaries put these productions in relation with consumers. Energy management, an essential resource, could thus be highlighted as an algorithmic intermediation. In order to confirm this hypothesis, one only has to look at the investments of the platforms which prepare the Internet of Things and home automation!

Integration is not easy to achieve, however. It is easy to exploit accessible resources intensively, but the quality and reliability of the previous vertical distribution must still be maintained. Ensuring this guarantee of supply is a decisive bet for the transformation of our societies. The replacement of vertical structures by horizontal structures requires thought into what the strength of vertical organizations used to be: in this case, it was the trust placed in the single producer! Without this trust, no society could function; but trust patterns sometimes change from one society to another; they can change over time [FUK 96]21.

One of the roles that states could play would be to create favorable conditions for this new confidence through a priori normative mechanisms and retrospective controls. However, trust could also result from cooperation among the multitude, for example through recommendation and assessment mechanisms22. It is quite remarkable that carpooling, an old utopian dream, has become an ordinary reality whose ramifications are spreading, given the obvious savings that it allows. What traditionally guaranteed the quality of a driver, the employer above him/her, is now guaranteed from below, in other words, by the users. The widespread integration of confidence-building mechanisms is a basis of the platform economy. The peer assessment or judgement mechanisms spreading to all sectors of society is not at random. They are witnessing a mainstream change!

Building political legitimacy

Platforms have become indispensable. They offer essential services, as fundamental as energy supply, telecommunications or transport. Many aspects of our lives are organized around these services. They follow (in principle!) the main principles of public service, which are: continuity of service, equal access for all, non-discrimination between users and adaptation of the service which, in France, have been fixed by law since the 1930s23. The major difference between these new services and the old essential services (in the wording of European standards) lies in the complete absence of public authority, in both their definition and implementation. The state attends here as a spectator; it tries to regulate, but with little control over the practice. If public services have been developed from a perspective of the common good, defined at the national level, Internet intermediaries today provide an essentially commercial perspective; this defines their role, the respective rights and duties of the state and companies without fail, not only with regard to the services offered, but also with regard to personal data (manipulated in particular by over the top operators).

Platforms operate on multiple territories, often without political barriers because many states defend the principle of openness a priori of the Internet and the free flow of data. This situation differs significantly from other sectors of the economy for several reasons. First, most sectors are subject to long-established normative customs or fiscal barriers that help control trade between a particular territory and the outside world. This is not the case with platforms, both because this is a new sector and because the legislator has had little opportunity to provide a legal response to the new circumstances; and also because of the rather naïve principle, a priori, respect for freedom on the Internet. On the other hand, some countries, even cities, defend their digital sovereignty which would justify the construction of virtual borders blocking exchanges with external sites24. These electronic barriers do not necessarily mean a rejection of digital technology: China is both the world’s second largest digital power and a country with one of the world’s most important digital frontiers, best known for its censorship of information that opposes freedom of expression; but their purpose is a fundamental economic and political issue.

The contradictions between public policies and platforms – or with their users – also arise retrospectively, when platforms have such a significant presence on the territory that they can claim the support of the population, a plebiscite of sorts! A long series of conflicts has already opposed platforms to territories for fifteen years, which shows the extreme complexity for territories of maintaining a legal order which is not only violated by platforms, but rattled in a profound way by the technique and by the uses of which they are the cause. Resisting the changes brought about by platforms is therefore often a conservative illusion, aimed at safeguarding the functioning of industrial sectors that would be rendered obsolete by the digital economy.

Deep issues of concern

The platforms studied in this chapter have an operating mode that differs radically from that of traditional multinationals that penetrated territories from above; they were congruent with the existing local or national framework; in the event of conflict, they negotiated with the authorities, either visibly or in secret. In contrast, platforms enter territories from below; they directly affect citizens who adopt their services without seeking permission from anyone.

Platforms also challenge some of the rules that organize our societies, such as the protection of privacy, the intensity of state intelligence, the legitimacy of political decisions, institutional governance, and so on. All aspects that need to be considered in a long-term perspective, taking the depth of digital change and its irreversibility into account. The right to be digitally forgotten illustrates the complexity of the problem in an emblematic way25. Although the validity of this right is not really called into question by current practices, its implementation puts forward many problems in digital society.

The decision of the Court of Justice of the European Union, forcing Google to deregister pages that contained personal information, at the request of interested parties in May 2014 and in accordance with EU management rules for personal data, raises countless practical problems and has given rise to heated controversy. This decision gives Google one more power: by letting a private operator judge the admissibility of an individual’s request, the European administration resigns because it would not have the means to do so itself! It also leads Google to be better informed of the requests of the interested parties, which amounts to enriching its knowledge on the users; it makes the search engine a little more arcane and also limits the right to inform, from a very European perspective! Google, who was of course very averse to this decision, nevertheless deployed the means to implement it. The dereferencing being only covered on European domains, the CNIL26 asked for the effect of this decision to be extended to the whole domain (.com) at the international level in July 2015, which Google obviously refused. This case is at the core of the territorial jurisdiction issues that will dominate the debate between platforms and states in the coming years. While states have a historical legitimacy on their territory, platforms hold a power that conflicts with that of states. This is due to two things:

  • – first, the direct link that these operators maintain with the populations and the quantity of information they hold on the territory (and on their population);
  • – second, the fact that this direct link with the populations allows intermediation, which calls fundamental aspects of our social organization, such as labor law, into question.

Data is therefore a source of power. During the 19th and 20th centuries, the major Western powers had increasingly subtle methods of strengthening their knowledge of the population through censuses, whose issues became progressively more numerous and more precise, thanks to the progress of statistical techniques while economic development and quality of life also progressed 27. Platforms now deliver solid information on the population and territories, information that seriously challenges official statistical institutes as well as data (fiscal, social, health or other) coming from administrations whose sources are slow to process and costly to exploit while platforms manage a continuous flow of information. At this point in time, it is clear that the relative share of platforms is increasing, to the detriment of that of public institutions.

The geographical distribution of the platforms is uneven. The United States has most of the global operators that hold a significant share of this activity in many countries. China has close to a third of the world’s major platforms, but its area of influence remains regional to this day. Some small digital powers also have a strong national activity. Europe, for its part, has no major platform; it basically depends on the major American operators mentioned several times in the preceding pages. For European countries, the tensions induced by the platforms therefore raise conflicts with foreign companies (notably outside the European Union). And although some European issues are similar to those found in the United States, for example on labor law or the protection of privacy, others emerge from a profoundly different perspective of the world: Europeans sometimes invoke their own values. However, the absence of proper local intermediation might eventually be added to Europe’s harsh failures!

By the number of their users, by the speed of their adoption by our populations and by the undeniable success of their services, intermediation platforms possess actual legitimacy in many territories. The prohibitions and lawsuits that are brought against them do not hinder their growth; these incidents leave them almost unharmed. The same will undoubtedly apply to the decision to ban the Uber Pop service in France, for example, because it is very difficult for the legislator to define a framework that will allow these exchanges to develop in compliance with tax and insurance rules that are poorly adapted to the new economy. Moreover, platforms that have a very strong capacity for influence are able to direct the result of an election on any territory28. In addition, they are actively involved in elections for new uses, as was the case in San Francisco in November 2015, over a proposed law on short-term leases that Airbnb helped to defeat29. This is a reality of democratic life of which the consequences are, at this stage, difficult to anticipate.

Conclusion

The history of intermediation platforms is short; it only goes back about twenty years. It was developed, by the most unfortunate coincidence, at the time of the attacks of September 11, 2001, which made the fight against terrorism a priority for the states. Global tensions will not reverse this trend in the near future. The intelligence services, which have seen a rapid increase in their capacities, have adapted very rapidly to the new realities and have moved closer to new data operators, not only those in charge of telecommunications, but also to the intermediation platforms whose data are of a much higher quality. The debate triggered by the revelations of Edward Snowden in June 2013, which is far from over, will contribute to the societal choices of the world under construction30. To be as visionary as the platforms for renewing certain legislations should be the objective of the states of Europe; however, most of them have limited ability in the field of the digital economy, the balance between platforms and states not being equal because:

  • – firstly, platforms are capable of raising billions of dollars, their value is growing at a staggering rate while the states (at least in Europe) must reduce their expenditure, which leaves them insufficient maneuvering room to finance new initiatives;
  • – secondly, platforms attract global intelligence; their recruitment is much broader than that of senior state administration;
  • – platforms finally have an agile organization, one of great effectiveness which contrasts with that of states, who have considerable rigidity and difficulty acting!

The algorithmic intermediary administers two-sided markets, but does not get involved in the exchange. It operates in a virtual cloud, detached from the constraints of the physical world. It has a precise and acute knowledge of the real world, something that was unimaginable in the past and unavailable to traditional economic and administrative operators. The platforms therefore disrupt the former operators and are potentially destroying their economic model. One may wonder about their future impact, whether beneficial or disastrous. But it should be noted that nothing will stop this revolution: just as neither printing nor electricity has been stopped in the past, the new intermediation will redefine the organization of cities and part of political life; if it is worth worrying about, it should be also noted that this disruption offers tremendous hope for the management of energy, human resources and all knowledge, which is undoubtedly the fundamental challenge of our millennium.

Bibliography

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[MAN 11] MANYIKA J., CHUI M., BROWN B. et al., Big Data, The Next Frontier for Innovation, Competition and Productivity, Report, McKinsey Global Institute, 2011, available at: https://www.mckinsey.com/business-functions/digital-mckinsey/our-insights/big-data-the-next-frontier-for-innovation.

[RIF 14] RIFKIN J., The Zero Marginal Cost Society : The Internet of Things, The Collaborative Commons, and The Eclipse of Capitalism, Palgrave Macmillan, London, 2014.

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[ROT 07] ROTH A.E., “The art of designing markets”, Harvard Business Review, vol. 85, no. 10, pp. 118–126, 2007.

Chapter written by Stéphane GRUMBACH.

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