W3C home > Mailing lists > Public > public-tracking@w3.org > April 2012

Re: Parties and Necessary Business Uses

From: Ed Felten <ed@felten.com>
Date: Sat, 7 Apr 2012 07:52:44 -0400
Message-ID: <CANZBoGhonU13fD-fmCZ5VyaYfP9SKGkZ=A=MwrcPCHO0ZFCTuw@mail.gmail.com>
To: Shane Wiley <wileys@yahoo-inc.com>
Cc: "public-tracking@w3. org Group WG" <public-tracking@w3.org>
Which parts of this are normative and which are non-normative?

On Sat, Apr 7, 2012 at 4:40 AM, Jonathan Mayer <jmayer@stanford.edu> wrote:
> Shane,
>
> Could you please identify the authors and institutions that developed this
> proposal?
>
> Thanks,
> Jonathan
>
> On Apr 7, 2012, at 12:43 AM, Shane Wiley wrote:
>
> NOTE – please excuse the naming of the document – I had initially named it
> NAI as a placeholder but this should not be deemed an NAI submission.
> Apologies to Marc and the rest of the NAI team.
>
> - Shane
>
> _____________________________________________
> From: Shane Wiley
> Sent: Friday, April 06, 2012 10:17 PM
> To: public-tracking@w3. org Group WG
> Subject: Parties and Necessary Business Uses
>
>
> Please find attached a proposal for party definitions, rules, and permitted
> uses with respect to Do Not Track (as promised).  A number of those
> participating in the W3C TPWG that represent industry and trade associations
> collaborated on this proposed text.  We look forward to further discussion
> in DC next week.
>
> Thank you,
> Shane
>
> << File: NAI Parties and Necessary Business Uses Proposal Submission.rtf >>
> -----
>
> Parties and Necessary Business Uses
> We appreciate all the hard work being put in by the W3C, the co-chairs, and
> all of the stakeholders participating within the Tracking Protection Working
> Group.  The ultimate objective is a standard that will be implemented by a
> significant portion of the ecosystem.  A standard that is not adopted does
> not benefit consumers and that is everyone’s objective – a practical,
> easy-to-use tool that will enhance consumers’ ability to express preferences
> about certain data collection and use.  In order to make that objective
> possible, the following proposal is put forward regarding exemptions as an
> attempt to introduce additional important aspects of the DAA Self-Regulatory
> Principles for Multi-site Data to the existing discussion on permitted data
> uses for necessary business activities when a user expressly turns on
> Do-Not-Track (DNT:1).
> Part I: Parties
>
> Definitions
>
>
> A party is any commercial, nonprofit, or governmental organization, a
> subsidiary or unit of such an organization, or a person.
> For unique corporate entities to qualify as a common party with respect to
> this standard, those entities MUST be commonly owned and commonly controlled
> (Affiliates).
> A First Party is the party that owns the Web site or has control over the
> Web site the consumer visits. A First Party also includes the owner of a
> widget, search box or similar service with which a consumer interacts.
>
> NOTE: If a user merely moused over, closed, or muted third-party content,
> that is not sufficient interaction
>
> A Third Party is any party other than a First Party or a user.
>
>
>
> Rules
>
> If a user has not granted an exception (via browser agent or out-of-band
> consent) AND if an activity is not allowed under Permitted Uses, THEN the
> following general party rules apply when a user expressly sets their
> tracking preference to DNT:1:
>
>
> 1st parties MAY collect and profile in the context of the 1st party
> experience.
>
>
>
> 3rd parties MUST NOT use data across multiple, non-affiliated websites.
>
>
> NOTE:  Data collected by a 3rd party MUST be segregated according to the 1st
> party from which it was collected.  A 3rd party MUST NOT aggregate,
> correlate, or use together data that was collected on different 1st party
> sites.
>
>
> 3rd parties MUST NOT add collected data to a "profile" of a user.
>
>
>
> 3rd parties MUST NOT leverage previously collected transactional data to
> profile a user or to alter a user's experience.
>
>
>
> 3rd parties MUST NOT attempt to personally identify a user.
>
>
>
> A party MUST NOT share (send or receive) collected data or profiles with
> another party (unless that party is ONLY working on the behalf of that
> specific party – aka Service Provider relationship).
>
>
> NOTE:  (Outside of DNT Context):  Data legitimately collected and received
> from a party MAY be combined with existing 1st party profile data.
>
>
> A party MAY choose to remove any previously profiled data.
>
>
>
> All permitted data uses for necessary business activities apply in all
> cases.
>
>
>
> User granted exceptions (through DNT standard or out-of-band) supersede
> these rules.
>
>
> Part II: Permitted Data Uses for Necessary Business Activities when DNT:1
>
> For all of these permitted uses, the complying entity must make reasonable
> data minimization efforts to ensure that only the data necessary for the
> permitted use be retained.  This is described under the draft heading "4.4
> Usage-based Permitted Uses."  The option to designate that restriction was
> not provided by this template so the restriction on scope is highlighted
> here and then also applied as an "E" limitation below.
>
> 1. Frequency Capping - Data MAY be collected and used for the limited
> purpose of frequency capping.  Restricting the number of times a user agent
> displays ads prevents a user from having to see repetitive ads, prevents
> publishers from displaying repetitive ads, and prevents advertisers from
> harming the reputation of their clients.
>
>
> Examples of important data uses include, but are not limited to:
>
> • Reach and frequency metrics
> • Ad performance
> • Logging the number and type of advertisements served on a particular Web
> site(s).
> (For additional details see DAA Self-Regulatory Principles for Multi-site
> Data:  Reporting)
>
>         E. This particular use is allowed with reasonable data minimization
> efforts
>
> 2. Financial Logging - Data MAY be collected and used for the limited
> purpose of billing or product or service fulfillment.
>
> Comment: Ad impressions and clicks (and sometimes conversions) events are
> tied to financial transactions.
>
>         E. This particular use is allowed with reasonable data minimization
> efforts
>
> 3. 3rd Party Auditing - Data MAY be collected and used for the limited
> purpose of 3rd Party Auditing.  Online advertising is a billed event and
> there are concerns with accuracy in impression counting and quality of
> placement so 3rd party auditors provide an independent reporting service to
> advertisers and agencies so they can compare reporting for accuracy.
>
> Comment: This data use serves an important business purpose in preventing
> fraud and reasonable data minimization efforts can insure privacy for users
>
>         E. This particular use is allowed with reasonable data minimization
> efforts
>
> 4. Security - Data MAY be collected and used for the limited purpose of
> security.  Security data is any data reasonably necessary for enabling
> authentication/verification, providing fraud prevention, or bolstering
> security.
>
> Comment: Restrictions on security efforts would certainly harm users.  We do
> not want to mistakenly turn the DNT:1 signal into a signal for user
> vulnerability.
> (For additional details see the DAA Self-Regulatory Principles for
> Multi-site Data: Authentication, Verification, Fraud Prevention and Security
> & Compliance, & Public Purpose and Consumer Safety)
>
>         E. This particular use is allowed with reasonable data minimization
> efforts
>
> 5. Contextual Content or Ad Serving - Data MAY be collected and used for the
> limited purpose of contextual content or ad serving (examples: serving
> advertising or content based on the Web page content,  search query, time of
> day or general geographic location detected from current interaction only)
> as long as the data is used by a party with which the user interacts and is
> not collected and used for the purpose of advertising on Web sites of
> non-Affiliate parties.
>
> Comment: Depending on the definition of tracking, defined in Section 3.7,
> this exemption may not need to be included because the serving of contextual
> ads will not be within the scope of the definition.
>
>         This particular use is allowed without qualification
>
> 6. Research / Market Analytics - Data MAY be collected and used for the
> limited purpose of research & market analytics as long as collection and use
> are limited in scope to the analysis of:
>
> the characteristics of a market or group of consumers; or
> the performance of a product, service or feature, in order to improve
> existing products or services or to develop new products or services.
>
>
> Data used for this limited purpose is allowed with aggregation.  (For
> additional details see the DAA Self-Regulatory Principles for Multi-site
> Data: Market Research & Product Development)
>
> D. This particular use is allowed with aggregation where the data may not be
> re-identified to market directly back to, or otherwise re-contact a specific
> computer or device.
>
> 7. Product Improvement, or, more narrowly, Debugging – Data MAY be collected
> and used for the limited purpose of product improvement.  This includes data
> used for the express purpose of product improvement related to debugging to
> specific events, devices, or site locations.
>
> E. This particular use is allowed with reasonable data minimization efforts
>
> 8. Legal Compliance & Public Purpose: Data MAY be collected and used for the
> limited purpose of legal compliance and public purpose.  This includes, but
> is not limited to, intellectual property protection or using location data
> for emergency services.
>
> E. This particular use is allowed with reasonable data minimization efforts
>
> 9. "Unlinkable" data – we believe this is already covered by general
> anonymization and aggregation approaches that are tied to a specific
> identifiable individual or device.
>
> Proposed Definition: The FTC defines “linkable” as “consumer data that can
> be reasonably linked to a specific consumer, computer, or other device.”
> [Emphasis added]  This reflects a scaled approach rather than a bright line
> distinction for determining privacy protection.  Data is “unlinkable” if it
> goes through a de-identification process.  A de-identification process is
> sufficient when an entity has takenreasonable steps to ensure that the data
> cannot reasonably be re-associated or connected to an individual or
> connected to or be associated with a particular computer or device.  (For
> additional details see the DAA Self-Regulatory Principles for Multi-site
> Data: De-Identification Process Definition)
>
>
>
>
Received on Saturday, 7 April 2012 11:53:30 UTC

This archive was generated by hypermail 2.3.1 : Friday, 21 June 2013 10:11:27 UTC