Re: ACTION-212: Draft text on how user agents must obtain consent to turn on a DNT signal

I don't believe this issue is settled.  We need to discuss this on the list, and I also look forward to hearing from regulators about their position on this.




Jeffrey Chester
Center for Digital Democracy
1621 Connecticut Ave, NW, Suite 550
Washington, DC 20009
www.democraticmedia.org
www.digitalads.org
202-986-2220

On Nov 13, 2012, at 1:06 PM, Alan Chapell wrote:

> Hi Jeff - 
> 
> Any reason you chose to only quote PART of the sentence - "A user agent must not express a tracking preference for a user unless the user has given express and informed consent to indicate a tracking preference."? 
> 
> I believe that the issue re: IE10 was settled a while back – is your recollection different, or are you looking to reopen the discussion? If its the latter, it might be helpful for you to share any new information with the group that may be of help.
> 
> Also, you reference "other browsers." Are there other browsers that have adopted a default setting for DNT? If so, could you share the list with the group? 
> 
> Thanks!
> 
> alan
> 
> 
> From: Jeffrey Chester <jeff@democraticmedia.org>
> Date: Tuesday, November 13, 2012 12:31 PM
> To: Alan Chapell <achapell@chapellassociates.com>, Shane Wiley <wileys@yahoo-inc.com>
> Cc: "public-tracking@w3.org (public-tracking@w3.org)" <public-tracking@w3.org>
> Subject: Re: ACTION-212: Draft text on how user agents must obtain consent to turn on a DNT signal
> 
>> This thrust is very problematic and I believe robs users of effective privacy tools under DNT ("A user agent must not express a tracking preference for a user."). CDD certainly cannot support such a proposal, and there needs to be a robust discussion on the negative impact to users from denying them privacy protection through IE and other browsers.  
>> 
>> 
>> 
>> 
>> 
>> Center for Digital Democracy
>> 1621 Connecticut Ave, NW, Suite 550
>> Washington, DC 20009
>> www.democraticmedia.org
>> www.digitalads.org
>> 202-986-2220
>> 
>> On Nov 13, 2012, at 12:00 PM, Alan Chapell wrote:
>> 
>>> Thanks Shane. I've proposed some additions (IN BOLD) to your language. Thanks to David Wainberg for help drafting, and Walter for providing some direction with his comments to the list.
>>> 
>>> 
>>> Section 5.  User Agent Compliance
>>>  
>>> A user agent must offer a control to express a tracking preference to third parties. The control must communicate the user's preference in accordance with the [TRACKING-DNT] recommendation and otherwise comply with that recommendation. A user agent must not express a tracking preference for a user unless the user has given express and informed consent to indicate a tracking preference. 
>>> 
>>> A UA MUST incorporate detection mechanisms for alteration of DNT-preferences by third-party software (including third-party UA-extensions and plugins) and MUST upon detection of such changes verify with the user that they reflect the user's intentions. The UA MAY provide the user with the option to ignore future changes in the DNT-preferences or to automatically change them back to a user-set preference.
>>>  
>>> "The User Agent MUST make available explanatory text to provide more detailed information about DNT functionality within easy and direct access for the particular environment prior to DNT being enabled. The explanatory text MUST include information pertaining to the effects of DNT, including that the User's choice to enact DNT might interfere with the operation of certain content and services and might limit free content that may be available to the User."
>>> 
>>> Alan
>>> 
>>> 
>>> From: Shane Wiley <wileys@yahoo-inc.com>
>>> Date: Wednesday, October 31, 2012 5:19 AM
>>> To: "public-tracking@w3.org" <public-tracking@w3.org>
>>> Subject: ACTION-212: Draft text on how user agents must obtain consent to turn on a DNT signal
>>> Resent-From: <public-tracking@w3.org>
>>> Resent-Date: Wed, 31 Oct 2012 10:20:06 +0000
>>> 
>>>> [Proposed, New Text in Quotes “ “]
>>>>  
>>>> Section 5.  User Agent Compliance
>>>>  
>>>> A user agent must offer a control to express a tracking preference to third parties. The control must communicate the user's preference in accordance with the [TRACKING-DNT] recommendation and otherwise comply with that recommendation. A user agent must not express a tracking preference for a user unless the user has given express and informed consent to indicate a tracking preference.
>>>>  
>>>> “The User Agent MUST make available explanatory text to provide more detailed information about DNT functionality within easy and direct access for the particular environment prior to DNT being enabled.”
>>