- From: David Wainberg <david@networkadvertising.org>
- Date: Tue, 11 Sep 2012 18:16:48 -0400
- To: "public-tracking@w3.org" <public-tracking@w3.org>
- Message-ID: <504FB850.4040603@networkadvertising.org>
Hi All, I am combining these issues because the problems with both are similar. I am proposing a) that we drop altogether the idea to have an "absolutely not tracking" response, and b) that the meaning of DNT:0 should be limited to "not DNT:1." Both ideas, because they create distinct, parallel, and barely defined, policies within a policy, create ambiguity and confusion. The result will be reluctance to adopt the standard because of the ambiguous legal risk it creates. They are also both designed to accomplish aims that are beyond the DNT mechanism we are working to define. First, we should avoid including these policies in the standard just as a matter of good drafting. When the point of the standard, and almost all of the content in it, pertains to one thing -- the meaning of a user's preference not to be tracked (DNT:1) -- tacking on a new definition pertaining to something else -- a user's affirmative consent for something that may or may not be tracking -- just can't be good. Same goes for creating a new state of "not tracking" or "anonymous" that has a meaning apart from the meaning of DNT. On last week's call we already agreed that defining "not tracking" without defining "tracking" would be a problem. (It also would be a problem if we defined both but with some delta between them; that would be exceedingly confusing to implementers and users.) We would also create confusion by defining DNT:0 as something more than not DNT:1, because it creates a mismatch between what is regulated under DNT:1 policy and what is then allowed under DNT:0 policy. This is going to cause serious heartburn. One solution that has been proposed for the status flag is that we go with a term that does not include "tracking," such as "anonymous." But this raises similar issues. The standard addresses tracking. Under the standard, users express a preference not to be tracked, and servers honor that preference per the standard. There are two states: tracking and not tracking. There's no other state required, and to create a third state will degrade the clarity of the policy, and will create confusion for implementers and users. Moreover, how are we going to define "anonymous" or "pseudonymous" or "foo"? Given that this is an unnecessary appendage anyway, and that we can't even define "tracking" in a "do not track" standard, why do we want to create the problem of now having to define some other state. To include it without a definition would be unacceptable. Aside from the problems of ambiguity and confusion, both proposals go beyond what the TPWG was chartered to accomplish. The not tracking signal would create a mechanism to aid a small number of sites who, as part of their marketing efforts, are making assertions with regard to their privacy practices. Although it may be laudable that they are doing this, it's not for this standard to get involved in promoting such efforts; they can do so in their marketing materials and in their privacy policies. Similarly, the DNT:0 definition that has been proposed goes too far. It creates a wholly new policy, beyond DNT:1, and purports to grant consent for practices (e.g. personalization of content) that aren't expressly addressed under the DNT:1 policy. Does this imply that those practices actually are or should be addressed in the standard? Why aren't they called out explicitly? The TPWG is developing a mechanism for users to express a preference, not a general purpose tool for communicating privacy practices, and not a tool for promoting certain practices over others. The DNT header simply communicates a user's preference not to be tracked. Although we are going slightly beyond that in providing for some indications of whether or how the recipient is honoring the DNT signal, those indications are directly tied to specific aspects of compliance with the DNT:1 signal. These proposals go beyond that. So, for that reason, and because of the ambiguity and confusion I've explained, we should drop the "absolutely-not-doing-foo" proposal, and we should use the following as a definition for DNT:0. / //"DNT:0 means not DNT:1, an express choice that DNT:1 should not apply to the recipient server. Although in most cases, this is functionally the same as DNT unset, it indicates an affirmative exception granted to the recipient, rather than, for example a UA that does not implement DNT, or a user that does not use DNT:1 at all."/ If you've gotten this far, thanks for taking the time to plow through my long-winded post. I'm sure everyone will let me know if they have questions. -David
Received on Tuesday, 11 September 2012 22:17:21 UTC