RE: Status of First-Party Sets - Response to Wendy

Dear Wendy,



Why should matters of competition be kept out of W3C technical groups? How else do we ensure that the W3C Antitrust and Competition Guidelines<https://www.w3.org/Consortium/Legal/2017/antitrust-guidance> and applicable laws are being adhered to? We are not above the law.



We cannot debate privacy without also considering competition among other consequences.



It is quite common in any forum where competing market participants come together to talk openly about competition and markets. I find it concerning that the W3C is so averse to doing so.



I have sought legal advice on the subject as advised under the W3C guidelines. As a result, I noisily highlight competition issues. For example; the proposal from Google concerning Topics at Improving Web Advertising Business Group, or interference in the economics of the web via the proposed Private Advertising Technologies group, or on the matter of First Party Sets following the decision to remove it from this group in relation to its continued existence in WICG. I’ve shared this advice with you. You have not provided any substantive response. Instead, you repeat requests for me to stop raising matters of competition. Why should I do so? Just because the subject has been “taboo” to date doesn’t mean it remains so.



W3C are facilitating the creation of documents, like the ‘Privacy Principles’, which serve to support the commercial interests of many of the employers of the people that worked on the document, creates quasi-laws that condition the environment for technical innovation, do not follow clear guidance from regulators, and in any case do nothing to improve privacy in practice. Requiring people to hand over more directly identifiable personal data, a consequence of the ‘Privacy Principles’, does not improve privacy or further the mission of the W3C.  Movement for an Open Web (MOW), of which I’m a Director, have analysed the ‘Privacy Principles’ and published feedback<https://movementforanopenweb.com/mows-in-depth-commentary-on-the-draft-w3c-privacy-principles/> for W3C to consider.



We now need to openly debate the competition impact of announcements and work on possible standards more, not less. If chairs or participants are uncomfortable then they need to follow the W3C Guidelines and “obtain appropriate legal counsel”. The W3C can assist by establishing a Legal Advisory Group to provide horizontal review and advise on matters including competition to assist the wider participants. To avoid IANAL contributions only qualified lawyers should be eligible to participate.



Regards,



James



-----Original Message-----
From: Wendy Seltzer <wseltzer@w3.org>
Sent: 06 June 2022 19:26
To: James Rosewell <james@51degrees.com>; Kaustubha Govind <kaustubhag@google.com>; Theresa O'Connor <hober@apple.com>; Chris Wilson <cwilso@google.com>; yoavweiss@chromium.org; Léonie Watson <lwatson@tetralogical.com>; Travis Leithead <travis.leithead@microsoft.com>; matthew.hancox@ing.com; david.verroken@ing.com
Cc: public-privacycg@w3.org
Subject: Re: Status of First-Party Sets



Dear James,



I have asked you before to please keep legal argumentation out of W3C's technical groups. If you have something to discuss with Monitoring Trustees, you are free to do so in separate conversation with them.



Discussion of market share is inappropriate for W3C lists as well.



Please help us to keep discussions on-topic and civil.



Thanks,

--Wendy





On 6/4/22 03:50, James Rosewell wrote:

> Adding Matthew Hancox and David Verroken in their role as Monitoring

> Trustee

> <https://www.gov.uk/cma-cases/investigation-into-googles-privacy-sandb


> ox-browser-changes#monitoring-trustee-report>

> of Google’s commitments with the CMA.

...





--

Wendy Seltzer -- wseltzer@w3.org<mailto:wseltzer@w3.org> +1.617.715.4883 (office) Strategy Lead and Counsel, World Wide Web Consortium (W3C)

https://wendy.seltzer.org/        +1.617.863.0613 (mobile)





This email and any attachments are confidential and may also be privileged. If you are not the named recipient, please notify the sender immediately and do not disclose, use, store or copy the information contained herein. This is an email from 51Degrees.mobi Limited, Davidson House, Forbury Square, Reading, RG1 3EU. T: +44 118 328 7152; E: info@51degrees.com; 51Degrees.mobi Limited t/as 51Degrees.