RE: Propose to drop from the strawman: requirement for privacy policy disclosure

+1

JC
Twitter<http://twitter.com/jccannon7>

From: public-tracking-request@w3.org [mailto:public-tracking-request@w3.org] On Behalf Of Shane Wiley
Sent: Wednesday, October 26, 2011 9:03 AM
To: Justin Brookman; public-tracking@w3.org
Subject: RE: Propose to drop from the strawman: requirement for privacy policy disclosure

I believe it is in the best interest of consumers/users/citizens/visitors/data subjects that a human-readable explanation be provided to "learn more" about what and how an organization honors DNT - AND I believe this would allow us to greatly simplify the response options to the few I previously outlined.

Basic Response:
0 - Server did not receive DNT header
1 - Server received DNT header and will honor it
2 - Server received DNT header and will not honor it due to previous exception
3 - Server received DNT header and will not honor it due to some other reason (see URI)

URI: Learn More

- Shane

From: public-tracking-request@w3.org [mailto:public-tracking-request@w3.org] On Behalf Of Justin Brookman
Sent: Wednesday, October 26, 2011 8:53 AM
To: public-tracking@w3.org
Subject: Re: Propose to drop from the strawman: requirement for privacy policy disclosure

Given that you acknowledge that a response header and/or machine-readable file also create an actionable hook for enforcement, I don't understand the resistance to a human-readable statement that does not rely on a user agent to interpret (apart from rendering the web page).  It does not create any additional liability on the part of the network.  As I said, I suppose I could live with an acknowledgement elsewhere as long as there was some sort of mandated response SOMEWHERE, but it's better from a user perspective if there's also a place to go to find out in plain English if the company is complaint with this spec, and I don't see why this is a heavy lift.

Justin Brookman

Director, Consumer Privacy Project

Center for Democracy & Technology

1634 I Street NW, Suite 1100

Washington, DC 20006

tel 202.407.8812

fax 202.637.0969

justin@cdt.org<mailto:justin@cdt.org>

http://www.cdt.org

@CenDemTech

@JustinBrookman

On 10/26/2011 11:23 AM, David Wainberg wrote:
I totally support verifiability and accountability. However, I do not think this standard has to accomplish both, but rather can provide the tools to do so.
The standard will be released into a larger context. It is not this group's or the W3C's role, in my opinion, to create a regulatory regime for online advertising. It is out of scope to create legal requirements as part of the standard. A flag in the header, or a machine readable file in a well-known location are logical technical additions to the spec, that would provide useful feedback to users/clients, and would support the efforts of relevant authorities to do enforcement.

One other thing I want to clarify. You said, "the spec needs to lay out how to communicate to consumers that the header is being respected." I disagree. The spec can lay out a technical means to communicate that an entity intends to respect the header. There is no way to communicate whether it is actually respected. (This is an important distinction, in my view, because it goes to evaluating proposals for responses.)

On 10/25/11 5:50 PM, Justin Brookman wrote:
A lot of this effort is dedicated to verifiability --- isn't that why we've spent so much time discussing the sending of compliance headers?  Having an accountable statement of compliance is another effort at that.
I suppose you could make an argument that it should be in the technical spec instead of the compliance spec (though I would disagree), but especially if third-party header responses are deemed optional or a Bad Idea, the spec needs to lay out how to communicate to consumers that the header is being respected.
  If the header just flies into the blue with no standardized way to disclose compliance, this process seems destined to fail; if nothing else, privacy policy disclosure should be considered as an alternative to automated header responses.

Justin Brookman

Director, Consumer Privacy Project

Center for Democracy & Technology

1634 I Street NW, Suite 1100

Washington, DC 20006

tel 202.407.8812

fax 202.637.0969

justin@cdt.org<mailto:justin@cdt.org>

http://www.cdt.org

@CenDemTech

@JustinBrookman

On 10/25/2011 5:16 PM, David Wainberg wrote:
Section 6.4 of the Compliance and Scope document states, "In order to be compliant with this specification, an operator of a third-party domain must clearly and unambiguously assert in the privacy policy governing that domain that it is in compliance with this specification." Such a requirement is out of scope of this standard and should not be included in the strawman. While it may be in scope to create tools that facilitate auditing and enforcement by other entities, it is not the role of this technical standard to impose legal requirements for compliance. Any such requirements will come from entities with relevant authority, e.g. Congress or the FTC in the US.