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Re: Comments on tracking-compliance.html

From: Justin Brookman <justin@cdt.org>
Date: Tue, 25 Oct 2011 23:16:39 -0400
Message-ID: <4EA77B97.9040608@cdt.org>
To: public-tracking@w3.org
I agree with most of Bjoern's comments (and thanks for the quick 
feedback).  Two quick notes:
> Regarding the definition of "Consent", I rather doubt it would be a good
> idea for this Working Group to attempt to define the term, reasons in-
> clude that laws already provide definitions of that, and any consensus-
> based definition is likely to be inconsistent with existing legal ones.
Fair enough, but the legal definition of consent is actually incredibly 
vague in many jurisdictions, and we may wish to specify a higher 
standard for users in those places where the requirements are weak or 
unclear.  For instance, it would be a perverse result if a company's 
privacy policy could say both "we comply with 'Do Not Track'" and "oh, 
by the way, we reserve the right to track you."  One way to avoid the 
legal inconsistency problem would be to define "Affirmative Informed 
Consent" as AT LEAST in response to a clear and prominent request 
separate from other permissions/disclosures.
> Various sections refer to "behavioral tracking". That seems borderline
> tautological to me.
"Behavioral tracking" is specifically defined in 3.4.
Received on Wednesday, 26 October 2011 03:17:14 UTC

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