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RE: Multiple First Parties

From: Chris Pedigo <CPedigo@online-publishers.org>
Date: Thu, 20 Sep 2012 13:41:02 +0000
To: Mike Zaneis <mike@iab.net>, "<rob@blaeu.com>" <rob@blaeu.com>
CC: "public-tracking@w3.org" <public-tracking@w3.org>
Message-ID: <CEED5B1AC4405240B53E0330753999D306A8DC73@mbx023-e1-nj-8.exch023.domain.local>
Agree with Mike here.  The "meaningful interaction" language has to do with third parties switching to first parties.

-----Original Message-----
From: Mike Zaneis [mailto:mike@iab.net] 
Sent: Thursday, September 20, 2012 9:24 AM
To: <rob@blaeu.com>
Cc: public-tracking@w3.org
Subject: Re: Multiple First Parties

Rob,

I don't think the meaningful interaction standard covers what is being presented here. Meaningful interaction contemplates a user action after they visit the site. What the examples Rob Sherman provides show is a clear understanding by the user that there are multiple first parties upon landing on a particular page (am I getting that right Rob Sherman?). 

I think this is a vitally important distinction for us to make since the Internet is evolving to provide more examples of this dual content/owner page. It just needs to be clear to the user that there are multiple first parties and providing some factors of indicia in the standard would be helpful. 

Mike Zaneis
SVP & General Counsel, IAB
(202) 253-1466

On Sep 20, 2012, at 1:42 AM, "Rob van Eijk" <rob@blaeu.com> wrote:

>>> In these instances, a party will be deemed a first party on a particular website if it concludes that a user would reasonably expect to communicate with it using the website.
> 
> Hi Rob,
> 
> This would imply a change of the first party definition, which is covered elsewhere in the document. Isn't your scenarion already covered with the priniple of meaningful interaction?
> 
> tnks::Rob
> 
> Rob Sherman schreef op 2012-09-19 22:34:
>> *
>>    *
>> The editors' draft of the compliance spec raises a question about how 
>> to define the circumstances in which more than one entity operates as 
>> a first party on a particular website. As drafted, the first option 
>> leaves more questions than answers because it says that this may 
>> happen in some circumstances but does not provide any concrete 
>> guidance on how a party can tell when it is a first party.
>> 
>> I've proposed text below that I hope leaves intact the basic intent 
>> behind the existing text - including two examples that are already 
>> there as options - but that elaborates a bit on the examples and 
>> provides some non-normative guidance about factors that an entity 
>> might consider in making a judgment whether it qualifies as a first 
>> party. The thinking is that, although we can't - and should not try 
>> to - anticipate the specifics every situation in which two entities 
>> collaborate, it would be helpful to provide some guidance in the text 
>> to people who are not in the Working Group and who may not have the 
>> context for situations that this section envisions.
>> 
>> Feedback on this text would, of course, be appreciated.
>> 
>> Rob
>> 
>> # # #
>> 
>> 3.5.1.2.2 MULTIPLE FIRST PARTIES
>> 
>> _<NORMATIVE>_
>> 
>> For many websites, there will be only one party that the average user 
>> would expect to communicate with: the provider of the website the 
>> user has visited. But, for other websites, users may expect to 
>> communicate with more than one party. In these instances, a party 
>> will be deemed a first party on a particular website if it concludes 
>> that a user would reasonably expect to communicate with it using the website.
>> 
>> _<NON-NORMATIVE>_
>> 
>> URIs, branding, the presence of privacy policies or other disclosures 
>> that specifically identify a party, and the extent to which a party 
>> provides meaningful content or functionality on the website, may 
>> contribute to, but are not necessarily determinative of, user 
>> perceptions about whether a website is provided by more than one 
>> party.
>> 
>> _Example: _Example Sports, a well-known sports league, collaborates 
>> with Example Streaming, a well-known streaming video website, to 
>> provide content on a sports-themed video streaming website. The 
>> website is prominently advertised and branded as being provided by 
>> both Example Sports and ExampleStreaming. An ordinary user who visits 
>> the website may recognize that it isoperated by both Example Sports 
>> and Example Streaming. Both Example Sports and Example Streaming are 
>> first parties.
>> 
>> _Example:_ Example Sports has a dedicated page on a Example Social, a 
>> social networking website. The page is branded with both Example 
>> Sports' name and logo and Example Social's name and logo. Both 
>> Example Sports' name and Example Social's names appear in the URI for 
>> the page. When a user visits this dedicated page, both Example Sports 
>> and Example Social are first parties.
>> 
>> Rob Sherman
>> 
>> FACEBOOK | MANAGER, PRIVACY AND PUBLIC POLICY
>> 
>> 1155 F Street, NW Suite 475 | Washington, DC 20004
>> 
>> office 202.370.5147 | mobile 202.257.3901
> 
> 
Received on Thursday, 20 September 2012 13:41:38 UTC

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