Re: Agenda: Global considerations F2F meeting 11-12 Berlin

Vinay, 


On Tuesday 05 March 2013 08:46:53 Vinay Goel wrote:
> Perhaps I'm missing something here, but unless we change what a
> website can no longer do when it receives DNT:1 (ie. first party
> analytics and/or first party customization), isn't DNT only part of
> the solution to handle the restrictions of the ePrivacy Directive?  

One of the things that is already clear is that the 1st party/ 3rd party 
distinction doesn't work for Europe. So everybody has to behave like a 
3rd party in DNT

> I
> don't understand how DNT removes the entire need for websites to do
> window shades/other consent mechanisms for the use of cookies.  

This works via the Whereas 66 in the ePrivacy Directive:
 Where it is technically possible and effective, in accordance with the 
relevant provisions of Directive 95/46/EC, the user’s consent to 
processing may be expressed by using the appropriate settings of a 
browser or other application.

Window shades are soooo ugly. We can get rid of them. 

> I
> think we should discuss in the Berlin workshop what compliance looks
> like for websites; and whether DNT is enough to comply with the
> ePrivacy Directive.

That's the plan. The plan is to have DNT:1 as an implementation guide 
for conformance and DNT:0 as a way to open up and do 
business/personalization etc.
> 
> Am I missing an interpretation/analysis that DNT (as currently drafted
> to not restrict 1st party analytics/customization) could equal
> compliance with the ePrivacy directive?

again, 3rd party cross-site only comes from a requirement from the FTC 
that isn't viable in Europe. Once you remove that distinction, 
everything works fine so far IMHO. This is one of the things to discuss. 

 --Rigo

Received on Tuesday, 5 March 2013 17:05:14 UTC