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Re: Third-Party Web Tracking: Policy and Technology Paper outlining harms of tracking

From: Jeffrey Chester <jeff@democraticmedia.org>
Date: Thu, 11 Oct 2012 13:19:15 -0400
Cc: <public-tracking@w3.org>, Jonathan Mayer <jmayer@stanford.edu>
Message-id: <29C58255-FB5D-4846-9EBE-206E5A79A1B2@democraticmedia.org>
To: Alan Chapell <achapell@chapellassociates.com>
Alan.  Could you please clarify.  Are you saying that you and/or your clients believe that the loss of privacy from contemporary digital marketing practices is not a "harm."  This will help in the discussion.

Regards,

Jeff




Jeffrey Chester
Center for Digital Democracy
1621 Connecticut Ave, NW, Suite 550
Washington, DC 20009
www.democraticmedia.org
www.digitalads.org
202-986-2220

On Oct 10, 2012, at 4:55 PM, Alan Chapell wrote:

> Hi Jonathan - 
> 
> In addition to my questions below, I'm curious whether your research has documented specific examples of these harms occurring in the real world? 
> 
> Thanks again,
> 
> Alan
> 
> From: Alan Chapell <achapell@chapellassociates.com>
> Date: Saturday, October 6, 2012 5:14 AM
> To: <public-tracking@w3.org>, Jonathan Mayer <jmayer@stanford.edu>
> Subject: Third-Party Web Tracking: Policy and Technology Paper outlining harms of tracking
> 
>> Hi Jonathan - 
>> 
>> A few days ago, you invited me (via IRC) to review your recent paper which  among other items  outlines some of the potential harms of tracking. (See https://www.stanford.edu/~jmayer/papers/trackingsurvey12.pdf)
>> 
>> Thanks  As you may have noticed, I've been asking a number of folks in the WG for examples of harms and haven't received very much information in response. So I want to applaud your effort to help provide additional information and to facilitate a dialog. That said, I want to make sure I understand your thinking here  or at least help clarify some of the distinctions you may be drawing. 
>> 
>> I'm curious whether your position is that those harms are equally apparent in a first party setting  where a first party utilizes their own data for ad targeting across the internet? For example, in your scenario where "an actor that causes harm to a consumer." Is that not also possible in a first party context? Does the first party not have both "the means", "the access" and at least potentially, the ability to take the  "action" that causes the harms you lay out? (e.g., "Publication, a less favorable offer, denial of a benefit, or termination of employment. Last, a particular harm that is inflicted. The harm might be physical, psychological, or economic.")
>> Do you believe that a direct relationship between consumers and first party websites completely mitigates that risk of harm  even where the first parties have significant stores of personally identifiable data?
>> 
>> Has your position evolved over the past few months? Correct me if I'm mistaken, but I believe that one of the proposals offered by Mozilla / Stanford and EFF sought to address forms of first party tracking. Do I have that correct?
>> 
>> Thanks  I look forward to hearing your thoughts. 
>> 
>> 
>> 
>> 
>> 
>> Excerpt from your paper for the convenience of others.
>> 
>> 
>> "When considering harmful web tracking scenarios, we find it helpful to focus on four variables. First, an actor that causes harm to a consumer. The actor might, for example, be an authorized employee, malicious employee, competitor, acquirer, hacker, or government agency. Second, a means of access that enables the actor to use tracking data. The data might be voluntarily transferred, sold, stolen, misplaced, or accidentally distributed. Third, an action that harms the consumer. The action could be, for example, publication, a less favorable offer, denial of a benefit, or termination of employment. Last, a particular harm that is inflicted. The harm might be physical, psychological, or economic.
>> 
>> The countless combinations of these variables result in countless possible bad outcomes for consumers. To ex- emplify ourthinking, here is one commonly considered scenario: A hacker (actor) breaksinto a tracking company (means of access) and publishes its tracking information (action), causing some embarrassing fact about the consumer to become known and inflicting emotional distress (harm).9
>> 
>> Risks associated with third-party tracking are heightened by the lack of market pressure to exercise good security and privacy practices. If a first-party website is untrustworthy, users may decline to visit it. But, since users are unaware of the very existence of many third-party websites, they cannot reward responsible sites and penalize irresponsible sites.10"
>> 
>> 
>> 
Received on Thursday, 11 October 2012 17:20:17 UTC

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