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Re: Examples of successful opt-in implementations

From: Rigo Wenning <rigo@w3.org>
Date: Thu, 14 Jun 2012 22:46:54 +0200
To: public-tracking@w3.org
Cc: Kimon Zorbas <vp@iabeurope.eu>, Tamir Israel <tisrael@cippic.ca>, "rob@blaeu.com" <rob@blaeu.com>, "Vinay Goel (Adobe)" <vigoel@adobe.com>
Message-ID: <1460885.k2YdUvcpVM@hegel.sophia.w3.org>
Kimon, 

On Thursday 14 June 2012 20:00:11 Kimon Zorbas wrote:
> However, the real question is: are we trying to agree on a legal
> compliance instrument (for Europe)?

As W3C we can not determine legal compliance. We can not achieve 
legal compliance. We can only give sites the tools to help them 
achieve legal compliance. So your concerns are prudent, but I don't 
think Rob is stepping on that territory. 

Even for the US market and compliance specification, this is the 
case. You have to claim compliance (yourself) and are then measured 
according to the Specification. Without your claim, no liability. 
The same for the tool. You can always chose not to use it. If the 
tool is really really useful, it will be a bad idea not to use it. 
But you can of course refuse to use it!

To make a useful tool, we have to take the expectations of 
regulators into account (somewhat, there will be a second discussion 
on whether they will accept what we have done) And to get an 
indication of the regulators feelings, it doesn't hurt to learn 
about what their common stated opinion is. I actually learned a lot 
reading the opinion on cookies. It even contains an encouragement 
for us! For me this is huge after having been tared and feathered 
and chased out of Brussels during the P3P effort. 

So for me, the legal game is really apart from what we do here. The 
very existence of a tool will never make you compliant. But having a 
tool may allow both parties to find a compromise for smooth 
operations. We are creating the tool and companies and IAB Europe 
have to find the compromise with the respective relevant regulators. 
And you know better than I who they are and how that works.

Rigo
Received on Thursday, 14 June 2012 20:47:21 UTC

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