Re: ACTION 124

Jeff,

Don't we patronise users with that approach? When users downed a widget, they would certainly agree to the specific terms (and most likely expect some data processing to happen – speaking in laymen terms).

Kind regards,

Kimon Zorbas

From: Jeffrey Chester <jeff@democraticmedia.org<mailto:jeff@democraticmedia.org>>
Date: Wed, 22 Feb 2012 03:22:18 -0500
To: Amy Colando <acolando@microsoft.com<mailto:acolando@microsoft.com>>
Cc: "public-tracking@w3.org<mailto:public-tracking@w3.org>" <public-tracking@w3.org<mailto:public-tracking@w3.org>>
Subject: Re: ACTION 124
Resent-From: <public-tracking@w3.org<mailto:public-tracking@w3.org>>
Resent-Date: Wed, 22 Feb 2012 08:22:51 +0000

This is an overly broad definition and one that consumers are not able to evaluate. A first party is a site where all applications and services, including data collection, is controlled by a single entity. It operates its data practices in a uniform way.   Affiliates are not part of a First party nor are widgets  A first party is required to document that consumers understand and approve its data practices.

Jeff Chester
Center for Digital Democracy
Washington DC
www.democraticmedia.org<http://www.democraticmedia.org>
Jeff@democraticmedia.org<mailto:Jeff@democraticmedia.org>

On Feb 21, 2012, at 7:42 PM, "Amy Colando (LCA)" <acolando@microsoft.com<mailto:acolando@microsoft.com>> wrote:

Per the Action 124, here’s a proposed First Party definition that I have worked on with Shane and Ted:

A First Party is the entity that owns the Web site or has Control over the Web site the consumer visits. A First Party also includes the owner of a widget, search box or similar service with which a consumer interacts, even if such First Party does not own or have Control over the Web site where the widget or services are displayed to the consumer.

A First Party includes Affiliates of that First Party, but only to the extent that the Affiliate  is (1) an entity that Controls, is Controlled by, or us under common Control with, the First Party; or (2) an entity where the relationship to the First Party is clear to consumers through co-branding or similar means.

A First Party must make reasonable efforts to disclose, in a manner easily discoverable by Users, its ownership or Control of a site or service, such as through branding on the site or service, disclosures in the privacy policy or terms of use linked to that site or service, or ….

Control of an entity means that one entity (1) is under significant common ownership or operational control of the other entity, or (2) has the power to exercise a controlling influence over the management or policies of the other entity.  In addition, for an entity to be under the Control of another entity and be treated as a First Party under this standard, the entity must also adhere to DNT standard in this specification.


Amy Colando
Senior Attorney, Online Services
Microsoft Corporation
Office: 425.703.6329
Mobile: 206.658.7704