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Re: Service Provider Status (ISSUE-137)

From: Roy T. Fielding <fielding@gbiv.com>
Date: Thu, 30 Aug 2012 16:19:06 -0700
Cc: <public-tracking@w3.org>
Message-Id: <9D61FD67-4A66-41F4-ACA7-D3B8F9C57C34@gbiv.com>
To: <rob@blaeu.com>
On Aug 30, 2012, at 1:39 PM, Rob van Eijk wrote:

> We are dealing with entities processing data on behalf of multiple first parties for a myriad of purposes.

No, we are dealing with one or more entities processing data for
one first party, for the purpose given by that first party,
with only a single data controller being responsible.  Otherwise,
the service provider case would not be applicable.

> Since Issue 137 is a TPE issue, why not use the technical argument of machine-readable identification of service providers at the moment they are processing data on behalf of the first party? If the argument is that a legal policy is close by, you avoid a technical solution. Isn't the task at hand in the TPE to contribute to transparancy on a HTTP transaction level?

We already have contributed to transparency by identifying the
first party (data controller) and agreeing to adhere to the
constraints that prevent a service provider from being a joint
controller.  Those are real privacy concerns, so we addressed
them in the spec.

What is requested in ISSUE-137 is that we wear a scarlet letter S
while performing services on behalf of our customers, while
collecting the same data, processing it for the same purpose,
and with the same level of confidentiality as the large
conglomerates that do not rely on service providers.

If UAs use that information to discriminate against service
providers, then it would provide a market advantage to large
companies that own their own analytics services (including for
Adobe's own web properties).  We simply refuse to allow that
opportunity to occur, and will not tolerate it as a requirement.

There is no privacy concern that justifies such a requirement.
Without that justification, Adobe will not implement it regardless
of the opinions of the rest of the WG.  If the WG insists that it
be part of the Recommendation, then Adobe will file a formal
objection, I will exit the group, and not a single implementation
that I am responsible for will ever implement that Rec.

If the WG can make a formal decision that overrides my objection,
then so be it.  Otherwise, the chairs should close the issue and
move on.

....Roy
Received on Thursday, 30 August 2012 23:19:30 UTC

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