W3C home > Mailing lists > Public > public-tracking@w3.org > January 2012

Re: Exemptions and Exceptions...?

From: John Simpson <john@consumerwatchdog.org>
Date: Mon, 30 Jan 2012 09:56:05 -0800
Message-Id: <56016D8F-1FF8-42E8-97B7-9072710E3DE3@consumerwatchdog.org>
Cc: Rigo Wenning <rigo@w3.org>, "public-tracking@w3.org" <public-tracking@w3.org>, David Singer <singer@apple.com>
To: Shane Wiley <wileys@yahoo-inc.com>
I agree with your understanding of the meaning of exempt and exception.  Nonetheless I'd be reluctant to say 1st parties are "exempt" from the DNT signal; they do have obligations. "Generally exempt" may be technically correct, but that usage may confuse things.  Better to spell out the obligations, I think: Can't share data with 1st parties, etc.


On Jan 30, 2012, at 8:40 AM, Shane Wiley wrote:

> I thought just the opposite.
> 
> To be "exempt" from a rule means the rule never touches you.
> 
> An "exception" to the rule would mean the rule would typically apply but in this case there is an "exception".
> 
> In our context:
> 
> 1st parties are generally "exempt" from the DNT signal (and cannot share data with 3rd parties as a loop-hole to the exemption).
> 
> 3rd parties generally must not collect data when the DNT:1 signal is present but there are a few operational "exceptions" to this rule.
> 
> - Shane
> 
> -----Original Message-----
> From: Rigo Wenning [mailto:rigo@w3.org] 
> Sent: Monday, January 30, 2012 9:35 AM
> To: public-tracking@w3.org
> Cc: David Singer
> Subject: Re: Exemptions and Exceptions...?
> 
> David, 
> 
> I learned the distinction like this: 
> 
> general rule vs exception
> 
> a general obligation to do vs exemption
> 
> so: no obligation, no exemption
> but: a rule can create an obligation and the exemption would be an exception 
> to that rule. 
> 
> The first pair is more generic to me than the second pair..
> 
> But I'm not a native speaker... 
> 
> Best, 
> 
> Rigo
> 
> On Monday 30 January 2012 15:19:06 David Singer wrote:
>> This was raised briefly in conversation in Brussels.
>> 
>> Our documents and discussions use both words (Exemptions and Exceptions).  I
>> think Aleecia has a clear idea of their difference, but I know we don't all
>> share that clarity because I, at least, do not :-).
>> 
>> In my understanding, 'exemption' says that the requirements of our
>> specification do not apply to some class of services .  An exception would
>> be when the specification applies, but some class of services are excepted
>> from some of the requirements.
>> 
>> Example from taxation:  some goods in the UK are exempt from Value Added
>> Tax; the tax is inapplicable.  Some goods are zero-rated for Value Added
>> Tax: they are subject to it in theory, but have an exception and are
>> currently untaxed.
>> 
>> 
>> I'm not sure we have many 'exempt' classes (services that, receiving a DNT
>> signal, can ignore it, as it doesn't apply to them).  I think we mostly
>> have exceptions.
>> 
>> 
>> Aleecia, others, could you help clear my mind (and maybe others') on this?
>> 
>> Thanks!
>> 
>> 
>> 
>> David Singer
>> Multimedia and Software Standards, Apple Inc.
> 
> 

----------
John M. Simpson
Consumer Advocate
Consumer Watchdog
1750 Ocean Park Blvd. ,Suite 200
Santa Monica, CA,90405
Tel: 310-392-7041
Cell: 310-292-1902
www.ConsumerWatchdog.org
john@consumerwatchdog.org


Received on Monday, 30 January 2012 17:56:20 UTC

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