- From: Tamir Israel <tisrael@cippic.ca>
- Date: Tue, 12 Jun 2012 15:30:18 -0400
- To: Alan Chapell <achapell@chapellassociates.com>
- CC: Jonathan Mayer <jmayer@stanford.edu>, ifette@google.com, Shane Wiley <wileys@yahoo-inc.com>, Jeffrey Chester <jeff@democraticmedia.org>, Ninja Marnau <nmarnau@datenschutzzentrum.de>, Rigo Wenning <rigo@w3.org>, Bjoern Hoehrmann <derhoermi@gmx.net>, David Singer <singer@apple.com>, "public-tracking@w3.org (public-tracking@w3.org)" <public-tracking@w3.org>
- Message-ID: <4FD798CA.1000809@cippic.ca>
Alan -- there are only 2 types of consent potentially operative here. Opt-in and opt-out. So I don't think I'm raising some obscure jurisdictional quirk, but rather a pervasive feature of data protection laws. My read of the EU situation is not the same as yours but regardless, if the EU ends up with an opt-out regime, then addressing facially valid DNT-1 defaults becomes all the more pressing. Best, Tamir On 6/12/2012 3:13 PM, Alan Chapell wrote: > Hi Tamir - > > I think that's a laudable goal. However, the standard should not be > looking to address every possible regulatory issue at the expense of > the core mission of the group -- which is to help define mechanisms > for expressing user preferences around Web tracking (as defined). That > core mission may fit really well into certain legal frameworks - and > fit less well in other frameworks. The uncertainty in certain > jurisdictions makes this a difficult proposition to say the least. > I've heard respected EU privacy experts state that -- of the member > states that have taken a public position on Section 5(3) of ePrivacy > -- half appear to be opt-in and half appear to be opt--out for most > cookies. And the UK has arguably changed its stance on the cookie > issue several times since our group began its work -- and for a time > had one branch of government saying something vastly different from > another branch. > > I recognize that some in the group may be more optimistic regarding > the time it would take to harmonize this standard across multiple > jurisdictions. If that's the consensus of the group, so be it. If so, > we may want to more clearly state this in the group's charter. > > > Cheers, > > Alan Chapell > Chapell & Associates > 917 318 8440 > > > From: Tamir Israel <tisrael@cippic.ca <mailto:tisrael@cippic.ca>> > Date: Monday, June 11, 2012 8:13 PM > To: Alan Chapell <achapell@chapellassociates.com > <mailto:achapell@chapellassociates.com>> > Cc: Jonathan Mayer <jmayer@stanford.edu <mailto:jmayer@stanford.edu>>, > <ifette@google.com <mailto:ifette@google.com>>, Shane Wiley > <wileys@yahoo-inc.com <mailto:wileys@yahoo-inc.com>>, Jeffrey Chester > <jeff@democraticmedia.org <mailto:jeff@democraticmedia.org>>, Ninja > Marnau <nmarnau@datenschutzzentrum.de > <mailto:nmarnau@datenschutzzentrum.de>>, Rigo Wenning <rigo@w3.org > <mailto:rigo@w3.org>>, Bjoern Hoehrmann <derhoermi@gmx.net > <mailto:derhoermi@gmx.net>>, David Singer <singer@apple.com > <mailto:singer@apple.com>>, "public-tracking@w3.org > <mailto:public-tracking@w3.org> (public-tracking@w3.org > <mailto:public-tracking@w3.org>)" <public-tracking@w3.org > <mailto:public-tracking@w3.org>> > Subject: Re: Today's call: summary on user agent compliance > > Hi Alan, > > Would it not be in the interests of all if this standard were able to > take into account as many regulatory problems for online trackers as > possible? > > Best, > Tamir > > On 6/11/2012 11:41 AM, Alan Chapell wrote: >> It seems to me that the group is spending a fair amount of time >> focusing on how DNT will provide a panacea to the legal uncertainty >> in the EU and now Canada. I'm not sure its a productive road for this >> group to be going down. DNT is unlikely to be the sole path to >> compliance in either the EU or Canada.
Received on Tuesday, 12 June 2012 19:31:56 UTC