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Re: ACTION-212: Draft text on how user agents must obtain consent to turn on a DNT signal

From: Justin Brookman <justin@cdt.org>
Date: Tue, 13 Nov 2012 14:06:41 -0500
Message-ID: <50A29A41.8010205@cdt.org>
To: public-tracking@w3.org
This language is absurdly prescriptive.  I am unaware of any other 
privacy tool offered by a web browser that mandates an explication of 
the potential negative consequences of making an affirmative decision 
for privacy.  If publishers and third parties want to deny users content 
based on a DNT signal, that is their choice, but requiring disclosure 
about an unproven parade of horribles in advance is not something that a 
technical standards setting body should be contemplating.

I leave it to others to opine as to whether it is even possible for all 
user agents to monitor all other user agents' configuration of DNT 
settings and confirm those choices with a user, but again it sounds 
burdensome and prescriptive.  Would that confirmation also require 
disclosure about the potential negative consequences of choosing to turn 
on DNT?

Justin Brookman
Director, Consumer Privacy
Center for Democracy & Technology
1634 I Street NW, Suite 1100
Washington, DC 20006
tel 202.407.8812
fax 202.637.0969
justin@cdt.org
http://www.cdt.org
@CenDemTech
@JustinBrookman

On 11/13/2012 1:35 PM, David Wainberg wrote:
> Hi Jeff,
>
> I don't follow your statement that this would rob users of effective 
> privacy tools. It merely ensures that DNT signals reflect users' 
> deliberate choices, and that users are provided information about the 
> effects of their choices. I don't see why that should be controversial.
>
> -David
>
> On 11/13/12 12:31 PM, Jeffrey Chester wrote:
>> This thrust is very problematic and I believe robs users of effective 
>> privacy tools under DNT ("A user agent must not express a tracking 
>> preference for a user."). CDD certainly cannot support such a 
>> proposal, and there needs to be a robust discussion on the negative 
>> impact to users from denying them privacy protection through IE and 
>> other browsers.
>>
>>
>>
>>
>>
>> Center for Digital Democracy
>> 1621 Connecticut Ave, NW, Suite 550
>> Washington, DC 20009
>> www.democraticmedia.org <http://www.democraticmedia.org>
>> www.digitalads.org <http://www.digitalads.org>
>> 202-986-2220
>>
>> On Nov 13, 2012, at 12:00 PM, Alan Chapell wrote:
>>
>>> Thanks Shane. I've proposed some additions (*IN BOLD*) to your 
>>> language. Thanks to David Wainberg for help drafting, and Walter for 
>>> providing some direction with his comments to the list.
>>>
>>>
>>> Section 5.  User Agent Compliance
>>> A user agent must offer a control to express a tracking preference 
>>> to third parties. The control must communicate the user's preference 
>>> in accordance with the [TRACKING-DNT] recommendation and otherwise 
>>> comply with that recommendation. A user agent must not express a 
>>> tracking preference for a user unless the user has given express and 
>>> informed consent to indicate a tracking preference.
>>>
>>> *A UA MUST incorporate detection mechanisms for alteration of 
>>> DNT-preferences by third-party software (including third-party 
>>> UA-extensions and plugins) and MUST upon detection of such changes 
>>> verify with the user that they reflect the user's intentions. The UA 
>>> MAY provide the user with the option to ignore future changes in the 
>>> DNT-preferences or to automatically change them back to a user-set 
>>> preference.*
>>> "The User Agent MUST make available explanatory text to provide more 
>>> detailed information about DNT functionality within easy and direct 
>>> access for the particular environment prior to DNT being enabled. 
>>> *The explanatory text MUST include** information pertaining to 
>>> the** effects of DNT, including that ***the User's choice to enact 
>>> DNT* might interfere with the operation of certain content and 
>>> services and might limit free content that may be available to the 
>>> User."*
>>> *
>>> *
>>> Alan
>>>
>>>
>>> From: Shane Wiley <wileys@yahoo-inc.com <mailto:wileys@yahoo-inc.com>>
>>> Date: Wednesday, October 31, 2012 5:19 AM
>>> To: "public-tracking@w3.org <mailto:public-tracking@w3.org>" 
>>> <public-tracking@w3.org <mailto:public-tracking@w3.org>>
>>> Subject: ACTION-212: Draft text on how user agents must obtain 
>>> consent to turn on a DNT signal
>>> Resent-From: <public-tracking@w3.org <mailto:public-tracking@w3.org>>
>>> Resent-Date: Wed, 31 Oct 2012 10:20:06 +0000
>>>
>>>> [Proposed, New Text in Quotes “ “]
>>>> Section 5.  User Agent Compliance
>>>> A user agent must offer a control to express a tracking preference 
>>>> to third parties. The control must communicate the user's 
>>>> preference in accordance with the [TRACKING-DNT] recommendation and 
>>>> otherwise comply with that recommendation. A user agent must not 
>>>> express a tracking preference for a user unless the user has given 
>>>> express and informed consent to indicate a tracking preference.
>>>> “The User Agent MUST make available explanatory text to provide 
>>>> more detailed information about DNT functionality within easy and 
>>>> direct access for the particular environment prior to DNT being 
>>>> enabled.”
>>
>
Received on Tuesday, 13 November 2012 19:07:09 UTC

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