- From: David Wainberg <david@networkadvertising.org>
- Date: Wed, 17 Oct 2012 17:14:42 -0400
- To: Lauren Gelman <gelman@blurryedge.com>
- CC: Shane Wiley <wileys@yahoo-inc.com>, "public-tracking@w3.org" <public-tracking@w3.org>
- Message-ID: <507F1FC2.1060306@networkadvertising.org>
Hi Lauren, On 10/17/12 4:50 PM, Lauren Gelman wrote: > > I have to say I think this is an extraneous provision. It does > nothing to affect liability imposed for promises that were made while > the company was out of compliance that were not adhered to. Saying > that a company who has promised DNT and breached that promise can > continue to to claim to be in compliance with it for an arbitrary > period of additional time is bizarre. It is self-evident that to cap > liability for the breach of promise you need to either stop promising > or must bring your practices into compliance with the standard. I disagree. This gives companies who unintentionally violate the standard an explicit exception from liability as long as they fix the problem within a reasonable time after discovery. Why is that concept extraneous or bizarre? > > It could be useful for the group to require that a company that finds > itself out of compliance (a) notify its users or (b) require that it > delete any data collected while the company was not accurately tagging > the data's DNT signal. > Isn't option b what this does? Bring the data that was collected out of compliance into compliance within a reasonable time. Regards, David > On Oct 16, 2012, at 9:58 PM, Shane Wiley wrote: > >> Updated text per our discussions in Amsterdam. >> Tracking Compliance and Scope >> Section 3.8.1 >> /It may happen that a party claiming compliance with this standard >> will retain or use data without awareness that it is doing so >> contrary to its intended party position with respect to the standard. >> In such a case, the party must bring its practices and prior >> collected data into compliance with the standard within a >> commercially reasonable time after it learns of such non-compliant >> activity./ >
Received on Wednesday, 17 October 2012 21:15:12 UTC