To me this is the crux of the issue. Consent is not binary, and no one
will pretend you need a user's expression so that you can *not* track
them. But the spec currently treats these as the same. That does not
reflect legal or practical realities.
On 6/13/2012 2:26 AM, Nicholas Doty wrote:
>> Two cases come to mind:
>>
>> 1. If a UA sends a DNT:1 by default, AND this is truly the
>> preference of the user, if the server fails to respond
>> accordingly to DNT:1 then arguably compliance has not been
>> achieved.
>> 2. If, conversely, a server honors a well formed DNT:1 set by a
>> vendor or intermediary, absent such being the actual preference
>> of the the user, again preference has not been honored and
>> compliance not maintained.
>>
> For the second case: I'm not aware of anything in draft specifications
> that would make a server non-compliant if it treated a user that
> hadn't expressed a DNT:1 preference as if it had. For example, we
> don't have any requirements that a user who arrives with DNT:0 must be
> tracked. You might confuse a user if you provide a very different
> experience under DNT:1 and it was inserted by an intermediary
> unbeknownst to the user, but I don't see any issues with compliance
> with this group's specifications.