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Re: tracking-ISSUE-150: DNT conflicts from multiple user agents [Tracking Definitions and Compliance]

From: Dobbs, Brooks <brooks.dobbs@kbmg.com>
Date: Tue, 05 Jun 2012 10:53:45 -0500
To: Rigo Wenning <rigo@w3.org>, <public-tracking@w3.org>
CC: Justin Brookman <justin@cdt.org>, Shane Wiley <wileys@yahoo-inc.com>
Message-ID: <CBF395B9.160A%brooks.dobbs@kbmg.com>

Hi Rigo,

So a little follow-up:

> Rob (Article 29 WP) suggested to have a selection screen at first
> startup. After all the noise about the defaults, can we assume that
> using a certain browser means sending DNT;1?

No. We can't.  This is the same point I raised with Justin.  With no
disrespect to the hard work this group does, DNT really just isn't top of
mind share for Joe Consumer and is exceedingly unlikely to be the primary
motivation for choosing a browser and/or reflect his/her personal preference
on DNT.  Realistically would anyone ever choose browser A over 3 primary
competitors because it had DNT by default where the others made me go
through Preferences->Privacy->DNT?  Doesn't it generally take more than 3
clicks to install/switch to a new browser?

> Again, personally, I do not believe that you can solve the issue whether the
server has to 
> comply to some signal with client side obligations. I still think
> that any DNT signal (apart from those injected by third parties and
> where there is no exception mechanism possible and no user choice)

This brings up a perfect example.  Why do we assume there will always be
browser choice?  Is it that difficult to come up with an example of a
popular platform where everyone uses the same browser?

Hypothetical - does my "choice" to use the only available browser,
JungleExpedition on my Padphone, with default DNT;1, reflect my DNT

> is valid, but that a server MUST be able to decline a user's
> preference (e.g. coming with a DNT signal into a personalized
> service that requires login). Sending back NACK (in some form) is
> transparent. But this would mean that the brand "DNT" isn't
> necessarily meaning "privacy enhancing". A browser could react on
> the NACK and be privacy enhancing etc.. I think depending on which
> way we chose we'll get entirely different discussions

If the browser is called DoNotTrackZilla which runs on all platforms, it
might be more reasonable to assume intent, but right now we have 4 major
browsers with use strongly correlated to platform.  Even if the other 3
didn't offer DNT, it would seem a huge leap to infer that using the one with
default DNT;1 is a reflection of the individual user's intent.


Brooks Dobbs, CIPP | Chief Privacy Officer | KBM Group | Part of the
Wunderman Network
(Tel) 678 580 2683 | (Mob) 678 492 1662 | kbmg.com

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Received on Tuesday, 5 June 2012 14:54:19 UTC

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