(unknown charset) Re: Deciding Exceptions (ISSUE-23, ISSUE-24, ISSUE-25, ISSUE-31, ISSUE-34, ISSUE-49)

I disagree with this statement. The FTC has announced five criteria 
necessary for "Do Not Track" to be successful; the fourth is that "Do 
Not Track" needs to address collection as well as usage. Similarly, the 
Article 29 Working Party identified failure to address 
collection/retention as a limitation in the existing DAA opt-out 
framework. So it is not at all correct to state that regulators are only 
interested in use limitations.

That said, I think these regulators have also recognized that a complete 
prohibition on third-party collection is not practical or desirable. 
Given that the standard currently recognizes that third parties are 
frequently going to be allowed to obtain uniquely-identifying user agent 
strings despite the presence of a DNT:1 header, I personally don't think 
that fixating on client-side versus server-side solutions for frequency 
capping or conversion reporting is all that important. However, that 
does argue for the need for accountable statements on the part of 
complying third-parties (whether through a response header or something 

Justin Brookman
Director, Consumer Privacy
Center for Democracy&  Technology
1634 I Street NW, Suite 1100
Washington, DC 20006
tel 202.407.8812
fax 202.637.0969

On 2/9/2012 5:50 PM, Matthias Schunter wrote:
> Hi Team,
> for DNT-related data,  Roy's assessment of the key regulatory concerns
> matches my experience
> Regards,
> matthias
> On 2/9/2012 10:49 PM, Roy T. Fielding wrote:
>> Judging from my personal discussions with regulators, I would not
>> say that data collection constraints are a significant concern.
>> Data sharing (on purpose or by failure to handle it properly) is
>> the primary concern.  Data retention beyond that necessary to
>> support user-consented operational uses, or in a form that is
>> unnecessary to support operational uses, is a concern.
>> Obtaining specific and informed consent is a concern.

Received on Thursday, 9 February 2012 23:18:00 UTC