Re: Draft Language on Interaction with Third-Party Content

* David Singer wrote:
>The more I think about how to distinguish 3rd and 1st parties, the more
>of a nightmare it is.

The Working Group could easily adopt some existing discriminator like
the "cookie domain". That's a relevant and established concept. I'm not
suggesting to adopt that, but I do not think the "nightmare" comes from
trying to tell the parties apart, but rather from "data loss" concerns.

>I think that the natural definition of the 1st party is "the site that
>the user intended to visit or thinks they are visiting".

If you host "user-generated" content that draws a lot of traffic, you
get a lot of advertising revenue and tracking data and other things due
to hosting the content. It may turn out that the content violates some
law. Arguing that you are the first party for the benefits, but just a
distant and unrelated third party when it comes to damages and punish-
ment, might not be an intuitive or popular concept.
-- 
Björn Höhrmann · mailto:bjoern@hoehrmann.de · http://bjoern.hoehrmann.de
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Received on Friday, 28 October 2011 00:47:45 UTC