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Re: ISSUE-154: Are First parties allowed to use data (either offline or online) from third parties

From: Aleecia M. McDonald <aleecia@aleecia.com>
Date: Wed, 25 Jul 2012 08:43:57 -0700
Cc: "public-tracking@w3.org" <public-tracking@w3.org>
Message-Id: <B7155BD9-9D34-42B1-A32A-13BB818CF63D@aleecia.com>
To: Chris Pedigo <CPedigo@online-publishers.org>
Hi Chris,

We'll be talking about this soon, but I think you will find in the history of issue-17 that we have, for a very long time, discussed an extraordinarily light touch with first parties provided data stays entirely within the first party. See, for example, http://lists.w3.org/Archives/Public/public-tracking/2011Oct/0013.html from October, 2011. For newer members these discussions may not be familiar because they happened before what is now a majority of the group joined. But part of how responsibilities on first parties were so light was the understanding that data would remain just within that first party, with the possible exception of outsourcing partners, who would also have tight limits on sharing or combining data.

The text in drafts, here as elsewhere, still has work ahead. Rather than ask the editors to come up with text here, it seemed best to circle back as a full group, which is what we are doing today. Append has not been specifically discussed. We set that aside in Seattle with an issue number so we would not lose track of it, but still allowed the main of the conversation to proceed. We are now coming back to append. The question on the call today is: do we have new (to the group) information about append such that we want to take this up as an issue? 

	Aleecia

On Jul 24, 2012, at 12:13 PM, Chris Pedigo wrote:

> I have significant concerns about this restriction on first parties.  There has been discussion about including such a restriction, but I do not recall the group reaching any kind of consensus.  In addition, I have asked for text on this restriction and never received it, which begs the question – what have we agreed to (if such agreement has ever been reached)?
>  
> That said, restricting first parties from appending data to records of DNT:1 users is problematic for several reasons:
>  
> 1)      First parties are already prohibited from sharing data about DNT:1 users with third parties and third parties cannot collect/use data about DNT:1 users.  Look at it this way, a DNT:1 user visits a website – the first party can collect data about that user but can’t share it with anyone, the third parties on that site can’t even collect/use it.  The loophole has already been closed.
> 2)      Since #1 is true, this means that the data we’re talking about restricting is data that has been collected offline or data that has been collected with consent or otherwise in the spirit of DNT. 
> 3)      The primary purpose of appending data to data about DNT:1 users is for first-party marketing, which the FTC recognized as an above-board purpose which generally should not require user consent.  The reason is simple – you can opt out of that marketing, it’s obvious and users expect it.
>  
> I am open to continuing this discussion on tomorrow’s call and/or via email.  But I do not believe this group should restrict the ability of first parties to conduct the long-standing practice of first party marketing.
>  
>  
> Chris Pedigo
> VP, Government Affairs
> Online Publishers Association
> (202) 744-2967
>  
Received on Wednesday, 25 July 2012 15:44:35 UTC

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