- From: Matthias Schunter <mts@zurich.ibm.com>
- Date: Thu, 2 Feb 2012 16:06:21 +0100
- To: Jeffrey Chester <jeff@democraticmedia.org>
- Cc: Jonathan Mayer <jmayer@stanford.edu>, "public-tracking@w3.org (public-tracking@w3.org)" <public-tracking@w3.org>
Hi Jonathan/Jeff,
what exeptions do you see at this point that are likely to satisfy this
catalogue?
what are viable candidates where only more data/input/answers is needed?
Regards,
matthias
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|Jeffrey Chester <jeff@democraticmedia.org> |
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|Jonathan Mayer <jmayer@stanford.edu>, |
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|"public-tracking@w3.org (public-tracking@w3.org)" <public-tracking@w3.org> |
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|02/02/2012 03:34 PM |
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|Re: Deciding Exceptions (ISSUE-23, ISSUE-24, ISSUE-25, ISSUE-31, ISSUE-34, ISSUE-49) |
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I agree with Jonathan's thoughtful discussion of the exemption issue. I
recognize this is a delicate matter, and it will require continued dialogue
to properly balance the goal's of DNT with traditional digital marketing
(and advertising generally) business practices. I believe that if we
follow Jonathan's outline, we can achieve our collective goals.
Jeff
On Feb 1, 2012, at 9:45 PM, Jonathan Mayer wrote:
The working group has made great progress on the broad contours of
the definition document, and the conversation is shifting to specific
exceptions. With that in mind, now seems an appropriate time to
articulate my views on when and how exceptions should be granted.
At a high level, we all agree that exceptions reflect a delicate
balance between consumer privacy interests and commercial value.
There are, no doubt, substantial differences in opinion about where
that balance should be struck. I hope here to clarify my approach
and help others understand why I find recent proposals for blanket
exceptions to be non-starters.
In my view, any exception must satisfy this rigorous six-part test.
1) Specifically defined. An exception must clearly delineate what
data may be collected, retained, and used. If a proposed exception
is purely use-based, that needs to be extraordinarily explicit.
2) No special treatment. We should grant or deny an exception on the
merits of how it balances privacy and commerce, not a specific
business model.
3) Compelling business need. A bald assertion that without a
specific exception Do Not Track will "break the Internet" is not
nearly enough. I expect industry stakeholders to explain, with
specificity, what business purposes they need data for and why those
business purposes are extraordinarily valuable.
4) Significantly furthers the business need. I expect industry
participants to explain exactly how and to what extent a proposed
exception will further the compelling business needs they have
identified. In some cases cases, such as security and fraud
exceptions, this may call for technical briefing.
5) Strict minimization. If there is a privacy-preserving technology
that has equivalent or nearly equivalent functionality, it must be
used, and the exception must be no broader than that technology. The
burden is on industry to show that a privacy-preserving alternative
involves tradeoffs that fundamentally undermine its business needs.
In the context of frequency capping, for example, I need to hear why
- specifically - client-side storage approaches will not work. In
the context of market research, to take another example, I would need
to hear why statistical inference from non-DNT users would be
insufficient.
6) Balancing. There is a spectrum of possible exceptions for any
business need. At one end is a pure use-based exception that allows
for all collection and retention. At the other end is no exception
at all. In between there are infinite combinations of collection,
retention, and use limits, including exceptions scoped to
privacy-preserving but inferior technologies. In choosing among
these alternatives, I am guided by the magnitude of commercial need
and consumer privacy risk. I am only willing to accept an exception
where the commercial need substantially outweighs consumer privacy
interests.
I understand example exceptions may be helpful in understanding my
thinking, so here are a few from the IETF Internet-Draft.
3. Data that is, with high confidence, not linkable to a
specific
user or user agent. This exception includes statistical
aggregates of protocol logs, such as pageview statistics,
so long
as the aggregator takes reasonable steps to ensure the
data does
not reveal information about individual users, user
agents,
devices, or log records. It also includes highly
non-unique data
stored in the user agent, such as cookies used for
advertising
frequency capping or sequencing. This exception does not
include
anonymized data, which recent work has shown to be often
re-
identifiable (see [Narayanan09] and [Narayanan08]).
4. Protocol logs, not aggregated across first parties, and
subject
to a two week retention period.
5. Protocol logs used solely for advertising fraud detection,
and
subject to a one month retention period.
6. Protocol logs used solely for security purposes such as
intrusion
detection and forensics, and subject to a six month
retention
period.
7. Protocol logs used solely for financial fraud detection,
and
subject to a six month retention period.
I would add, in closing, that in difficult cases I would err on the
side of not granting an exception. The exemption API is a policy
safety valve: If we are too stringent, a third party can ask for a
user's consent. If we are too lax, users are left with no recourse.
Best,
Jonathan
Received on Thursday, 2 February 2012 15:07:10 UTC