Re: Letter from Commissioner J. Thomas Rosch, Federal Trade Commission

Bryan,

Agreed ­ therefor it is now incumbent on the server to verify that it is
indeed the users INTENT to send a DNT:1 ­ IF it suspects that the user may
not have made that setting.

The debate should be about how that happens. See my posts on Mod_DNT and
blacklists etc.


Peter
___________________________________
Peter J. Cranstone
720.663.1752


From:  "SULLIVAN, BRYAN L" <bs3131@att.com>
Date:  Wednesday, June 20, 2012 5:06 PM
To:  Peter Cranstone <peter.cranstone@gmail.com>, "Delaney, Elizabeth A"
<EDELANEY@ftc.gov>, W3 Tracking <public-tracking@w3.org>
Cc:  "Vandecar, Kim" <KVANDECAR@ftc.gov>, "Thompson, Kimberly M."
<kthompson@ftc.gov>
Subject:  RE: Letter from Commissioner J. Thomas Rosch, Federal Trade
Commission

> Comment inline.
>  
> 
> Thanks,
> Bryan Sullivan 
>  
> 
> From: Peter Cranstone [mailto:peter.cranstone@gmail.com]
> Sent: Wednesday, June 20, 2012 3:42 PM
> To: Delaney, Elizabeth A; 'public-tracking@w3.org'
> Cc: Vandecar, Kim; Thompson, Kimberly M.
> Subject: Re: Letter from Commissioner J. Thomas Rosch, Federal Trade
> Commission
>  
> 
> Elizabeth,
> 
>  
> 
> RE: "Microsoft not consumers will be exercising the choice as to what signal
> the browser will send".
> 
>  
> 
> I have to disagree. Microsoft made a public announcement of the browser
> setting. I knew that when I installed the software. The Microsoft default was
> my choice when I installed the software, and they also provided me with a way
> to change my choice if need be.
> [bryan] It *may* have been your choice when you installed the software (if you
> were in some way made aware of this, but I doubt if there would be a
> verifiable record of that), but there are also many other ways this software
> can come into your use, in which you are likely to be unaware of this feature;
> through an automatic update (in which this is a new feature); through purchase
> of a new PC/device; through using an Internet kiosk; Š
> 
>  
> 
> RE: "But it does not solve the fact that the recipients of the signal must
> still choose to honor the signal and refrain from tracking consumers and/or
> collecting data about them".
> 
>  
> 
> In essence it does solve the fact. A server as per the spec that is said to be
> honoring the DNT setting MUST refrain from tracking consumers and/or
> collecting data about them. What the spec does NOT resolve is the following:
> 
>  
> 
> If said server receives a DNT:1 setting that the server believes is coming
> from an invalid browser (by the way there is no such thing as an invalid DNT
> setting because it's binary) then it MAY chose to ignore that setting.
> 
>  
> 
> The dilemma is now apparent. The user has expressed his/her choice by sending
> valid DNT setting ­ the server has now also made a choice, to not honor it.
> Therefore it MUST respond to the user indicating it's status.
> 
>  
> 
> The current spec reads with the word "MAY" respond. This is inadequate and
> opens up a wealth of legal responses all of which are not good. DNT is binary
> ­ if you see the 1 setting and you support honoring that setting then you MUST
> do as it says. If you lack sufficient context about "WHO" made that setting
> (Microsoft, Me or other 3rd party software) then you MUST request more data
> from the user.
> 
>  
> 
>  
> 
> 
> Peter
> ___________________________________
> Peter J. Cranstone
> 720.663.1752
> 
>  
> 
> From: "Delaney, Elizabeth A" <EDELANEY@ftc.gov>
> Date: Wednesday, June 20, 2012 11:11 AM
> To: W3 Tracking <public-tracking@w3.org>
> Cc: "Vandecar, Kim" <KVANDECAR@ftc.gov>, "Thompson, Kimberly M."
> <kthompson@ftc.gov>
> Subject: Letter from Commissioner J. Thomas Rosch, Federal Trade Commission
> Resent-From: W3 Tracking <public-tracking@w3.org>
> Resent-Date: Wed, 20 Jun 2012 20:31:06 +0000
> 
>  
>> 
>> Dear Members of the W3C Tracking Protection Working Group:
>>  
>> Please see the attached letter from Commissioner J. Thomas Rosch.    Please
>> let us know if you have any questions.  Thank you,
>>  
>>  
>> Elizabeth Delaney
>> Attorney Advisor
>> Office of Commissioner J. Thomas Rosch
>> Federal Trade Commission
>> 600 Pennsylvania Ave NW
>> Washington, DC  20580
>> 202-326-2903
>>  
>>