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(unknown charset) Fwd: Re: Propose to drop from the strawman: requirement for privacy policy disclosure

From: (unknown charset) Matthias Schunter <mts@zurich.ibm.com>
Date: Wed, 26 Oct 2011 20:26:52 +0200
Message-ID: <4EA850EC.6000808@zurich.ibm.com>
To: (unknown charset) "public-tracking@w3.org" <public-tracking@w3.org>
Hi Justin/David,


I personally  believe that posting privacy policies is current best
practices and I like to see all companies doing so.

Nevertheless, I believe that it is not our mission to mandate this.

Consequences:
 - We may define a mechanism where a URL to a human-readable
text/policy that
   describes the practices  MAY be transmitted.
 - This may support transparency if so desired by a site.
 - I agree with David that we should not mandate that enterprises provide
  such a URL
 - Whether to have  a privacy policy and how to transmit it is part of
their
   business design/decisions and may be covered by existing or
   upcoming legislation.


Regards,
matthias


-------- Original Message --------
Subject: 	Re: Propose to drop from the strawman: requirement for
privacy policy disclosure
Resent-Date: 	Wed, 26 Oct 2011 17:50:28 +0000
Resent-From: 	public-tracking@w3.org
Date: 	Wed, 26 Oct 2011 13:49:46 -0400
From: 	David Wainberg <dwainberg@appnexus.com>
To: 	Justin Brookman <justin@cdt.org>
CC: 	public-tracking@w3.org <public-tracking@w3.org>



A statement in a privacy policy is per se a legal statement. It is a
legal and political issue, the effects of which may vary from
jurisdiction to jurisdiction. I'm not sure we can say whether it
creates any additional liability for a network, much less what that
liability might be.

More important to me is a bigger picture conceptual issue about what
this group and standard can accomplish. In my view this is not the
right venue for making legal or other requirements with regard to a
company's business practices beyond the technical implementation of
the standard and the collection and use of relevant data. I think it
should be enough for this group to provide the framework and leave
these other issues to other entities, probably on a jurisdiction by
jurisdiction basis.

On 10/26/11 11:53 AM, Justin Brookman wrote:
> Given that you acknowledge that a response header and/or
> machine-readable file also create an actionable hook for
> enforcement, I don't understand the resistance to a human-readable
> statement that does not rely on a user agent to interpret (apart
> from rendering the web page).  It does not create any additional
> liability on the part of the network.  As I said, I suppose I could
> live with an acknowledgement elsewhere as long as there was some
> sort of mandated response SOMEWHERE, but it's better from a user
> perspective if there's also a place to go to find out in plain
> English if the company is complaint with this spec, and I don't see
> why this is a heavy lift.
> Justin Brookman
> Director, Consumer Privacy Project
> Center for Democracy & Technology
> 1634 I Street NW, Suite 1100
> Washington, DC 20006
> tel 202.407.8812
> fax 202.637.0969
> justin@cdt.org
> http://www.cdt.org
> @CenDemTech
> @JustinBrookman
>
> On 10/26/2011 11:23 AM, David Wainberg wrote:
>> I totally support verifiability and accountability. However, I do
>> not think this standard has to accomplish both, but rather can
>> provide the tools to do so.
>> The standard will be released into a larger context. It is not this
>> group's or the W3C's role, in my opinion, to create a regulatory
>> regime for online advertising. It is out of scope to create legal
>> requirements as part of the standard. A flag in the header, or a
>> machine readable file in a well-known location are logical
>> technical additions to the spec, that would provide useful feedback
>> to users/clients, and would support the efforts of relevant
>> authorities to do enforcement.
>>
>> One other thing I want to clarify. You said, "the spec needs to lay
>> out how to communicate to consumers that the header is being
>> respected." I disagree. The spec can lay out a technical means to
>> communicate that an entity intends to respect the header. There is
>> no way to communicate whether it is actually respected. (This is an
>> important distinction, in my view, because it goes to evaluating
>> proposals for responses.)
>>
>> On 10/25/11 5:50 PM, Justin Brookman wrote:
>>> A lot of this effort is dedicated to verifiability --- isn't that
>>> why we've spent so much time discussing the sending of compliance
>>> headers?  Having an accountable statement of compliance is another
>>> effort at that.  
>>> I suppose you could make an argument that it should be in the
>>> technical spec instead of the compliance spec (though I would
>>> disagree), but especially if third-party header responses are
>>> deemed optional or a Bad Idea, the spec needs to lay out how to
>>> communicate to consumers that the header is being respected.
>>>   If the header just flies into the blue with no standardized way
>>> to disclose compliance, this process seems destined to fail; if
>>> nothing else, privacy policy disclosure should be considered as an
>>> alternative to automated header responses.
>>> Justin Brookman
>>> Director, Consumer Privacy Project
>>> Center for Democracy & Technology
>>> 1634 I Street NW, Suite 1100
>>> Washington, DC 20006
>>> tel 202.407.8812
>>> fax 202.637.0969
>>> justin@cdt.org
>>> http://www.cdt.org
>>> @CenDemTech
>>> @JustinBrookman
>>>
>>> On 10/25/2011 5:16 PM, David Wainberg wrote:
>>>> Section 6.4 of the Compliance and Scope document states, "In
>>>> order to be compliant with this specification, an operator of a
>>>> third-party domain must clearly and unambiguously assert in the
>>>> privacy policy governing that domain that it is in compliance
>>>> with this specification." Such a requirement is out of scope of
>>>> this standard and should not be included in the strawman. While
>>>> it may be in scope to create tools that facilitate auditing and
>>>> enforcement by other entities, it is not the role of this
>>>> technical standard to impose legal requirements for compliance.
>>>> Any such requirements will come from entities with relevant
>>>> authority, e.g. Congress or the FTC in the US.
Received on Wednesday, 26 October 2011 18:27:33 UTC

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