RE: ACTION 124

Jeff,

I can answer this for Yahoo! as I suspect the answer may be the same.

First, an Ad Exchange (in our case RightMedia) is a neutral technology platform and has no independent rights to data that moves through the system (a pure "Service Provider").  With that in mind, the only data that would receive 1st party status would be that information that Yahoo! collects from the Exchange when used on Yahoo! (basically ads served within the Yahoo! Ad Network where Yahoo! is the Publisher).  All other transactions where Yahoo! is involved as an Ad Network where Yahoo! is not the Publisher, would be subject to the DNT signal (because Yahoo! is a 3rd party in that context).

Make sense?

- Shane

From: Jeffrey Chester [mailto:jeff@democraticmedia.org]
Sent: Wednesday, February 22, 2012 8:36 AM
To: Amy Colando (LCA); JC Cannon
Cc: public-tracking@w3.org
Subject: Re: ACTION 124

I have a question, which I hope we can discuss on call.  Under Microsoft's proposed definition of First Party, would all the data it plans to use for its Ad Exchange be exempt from any DNT request?

As one of your colleagues explained discussing Microsoft expansion of its Australia/NZ  ad exchange targeting:  "We are in the process of building a capability across our group of companies to effectively capture and use the wealth of data we have across our assets including Windows Live, Xbox, Cudo, iSelect, Rate City, Ticketek, Hoyts, Nine rewards and over 80 ninemsn sites. We would then be able to overlay this data offering onto our inventory."http://www.exchangewire.com/apac/2012/02/21/microsofts-marc-barnett-on-the-microsoft-advertising-exchange-in-australia-nz-relationships-with-third-party-buyers-and-channel-conflict/#more-15579