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RE: Proposed First Party definition

From: Shane Wiley <wileys@yahoo-inc.com>
Date: Sat, 15 Oct 2011 19:56:22 -0700
To: "Amy Colando (LCA)" <acolando@microsoft.com>, Matthias Schunter <mts@zurich.ibm.com>
CC: "public-tracking@w3.org" <public-tracking@w3.org>
Message-ID: <63294A1959410048A33AEE161379C8023D021027D8@SP2-EX07VS02.ds.corp.yahoo.com>
To build upon this excellent direction, I would further suggest the following:

Impression = 3rd Party Treatment (no interaction from the user) <this would automatically include web beacons since there is no possibility for interaction.>

Interaction = 1st Party Treatment (mouse over does not count as "interaction") - would REQUIRE branding and link to the party's home page which in turn has a link to the privacy policy or to the privacy policy directly (many widgets may leverage widget branding to serve as this link).  Parties SHOULD include an indicator of the user's "logged-in" state to provide clearer transparency to the user that they are interacting with the widget in a 1st party state.  

- Shane

-----Original Message-----
From: public-tracking-request@w3.org [mailto:public-tracking-request@w3.org] On Behalf Of Amy Colando (LCA)
Sent: Saturday, October 15, 2011 2:56 PM
To: Matthias Schunter
Cc: public-tracking@w3.org
Subject: RE: Proposed First Party definition

Thanks Matthias. I look forward to others' points of view on this issue too.

- Do you mean that a search box/widget is 3rd party until I interact with it (i.e., entering data; hovering the mouse is probably no such interaction).

AC: Yes, that makes sense to me; if the widget is passively collecting data without interaction from the user, then it would appear to be more in the third party camp than the first party camp.

- Does this also mean that once I click an element (e.g., an add or a button), then the owner of the button is 'promoted' to 1st party.

AC: Yes.  This seems to align with the user expectation that once they are actively engaging with widget, that widget is collecting the information (click, add, input) from the user.

-----Original Message-----
From: Matthias Schunter [mailto:mts@zurich.ibm.com] 
Sent: Saturday, October 15, 2011 7:04 AM
To: Amy Colando (LCA)
Cc: public-tracking@w3.org
Subject: Re: Proposed First Party definition

Hi Amy,


Thanks a lot for this constructive input.

Two clarifying questions to enable me to understand the definition:

- Do you mean that a search box/widget is 3rd party until I interact with it (i.e., entering data; hovering the mouse is probably no such interaction).


- Does this also mean that once I click an element (e.g., an add or a button), then the owner of the button is 'promoted' to 1st party.


Regards,
matthias

On 10/14/2011 8:47 PM, Amy Colando (LCA) wrote:
> Nick, I hope that you can help me out by assigning this to the correct issue(s) as necessary? Many thanks.
> 
> In response to an earlier request for submission of suggested definitions for First Party, we are submitting the proposed definition draft below.  The proposed definition includes elements from CDT, EFF, DAA and other submissions, so is definitely a mash-up from many different sources. Thanks.
> 
> 
> A First Party is the entity (and its Affiliates) that owns or Controls the Web site the end user visits.  A First Party also includes the owner of a widget, search box or similar service with which a consumer interacts, even if the First Party does not own or have Control over the Web site where its services are displayed to the consumer.
> 
> An Affiliate is (1) an entity that Controls, or is Controlled by, or is under common Control with, another entity; or (2) an entity where the relationship to another entity is evident to end users through co-branding or similar means.  
> 
> Note1: Control to be defined as management or operational control - see http://www.aboutads.info/principles for sample definition of Control.
> Note2: Elsewhere, standard should state that First Parties and others may use vendors to carry out otherwise permitted activities on their behalf.
> 
> 
> 
> 
> 

--
Dr. Matthias Schunter, MBA
IBM Zurich Research Laboratory,  Ph. +41 (44) 724-8329
Homepage: www.schunter.org, Email: schunter(at)acm.org
PGP Fingerprint    989AA3ED 21A19EF2 B0058374 BE0EE10D
Received on Sunday, 16 October 2011 02:57:03 UTC

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