RE: Consumer Watchdog Calls On Gov. Brown To Sign 'Do Not Track' Legislation, But Cautions Law Is Only A Step Towards Knowledge, Not Full Consumer Power

This is my read.  It will be an opportunity for some publishers to make privacy (and the disclosure) part of the their value proposition and differentiation.   I also think that Peters assessment below is somewhat correct, we are finding both regulators (as well as technology solutions) have decided to lead frog the W3C.  

 

From: Dobbs, Brooks [mailto:Brooks.Dobbs@kbmg.com] 
Sent: Wednesday, August 28, 2013 9:29 AM
To: Peter Cranstone; ifette@google.com
Cc: Jonathan Mayer; Jeff Jaffe; Kevin Kiley; public-tracking@w3.org; peter@peterswire.net; rigo@w3.org; tlr@w3.org; Joseph Lorenzo Hall
Subject: Re: Consumer Watchdog Calls On Gov. Brown To Sign 'Do Not Track' Legislation, But Cautions Law Is Only A Step Towards Knowledge, Not Full Consumer Power

 

Actually, unless I am really missing something here (possible) it expressly does NOT define DNT but rather requires the operator to disclose how they are interpreting it.  It would seemingly be okay for an operator to say, "when I see DNT:1 I send the data to /dev/null on even seconds and record it to granite on odd seconds".  It is the disclosure that is required not a specific compliance requirement.

 

-Brooks

-- 

Brooks Dobbs, CIPP | Chief Privacy Officer | KBM Group | Part of the Wunderman Network
(Tel) 678 580 2683 | (Mob) 678 492 1662 | kbmg.com 
brooks.dobbs@kbmg.com



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From: Peter Cranstone <peter.cranstone@3pmobile.com>
Date: Wednesday, August 28, 2013 12:16 PM
To: "ifette@google.com" <ifette@google.com>
Cc: Jonathan Mayer <jmayer@stanford.edu>, Jeff Jaffe <jeff@w3.org>, Kevin Kiley <kevin.kiley@3pmobile.com>, "public-tracking@w3.org" <public-tracking@w3.org>, "peter@peterswire.net" <peter@peterswire.net>, Rigo Wenning <rigo@w3.org>, "tlr@w3.org" <tlr@w3.org>, Joseph Lorenzo Hall <joe@cdt.org>
Subject: Re: Consumer Watchdog Calls On Gov. Brown To Sign 'Do Not Track' Legislation, But Cautions Law Is Only A Step Towards Knowledge, Not Full Consumer Power
Resent-From: <public-tracking@w3.org>
Resent-Date: Wednesday, August 28, 2013 12:17 PM

 

A) Because they defined it

B) Because they're not waiting for the W3C anymore

 

As I've said before - DNT is already the defacto standard. When the vote is 78-0 it should tell you something, especially when those are politicians voting. The W3C just got moved to second place in the process. It shouldn't be a big surprise to anyone, Senator Rockefeller has told everyone that either you come up with something or he will - well CA just did. And all without one dissenting vote. 

 

Shows you what can be done when there's a will to get it done.

 

 

Peter

_________________________
Peter J. Cranstone

 

 

From: "Ian Fette (イアンフェッティ)" <ifette@google.com>
Reply-To: "ifette@google.com" <ifette@google.com>
Date: Wednesday, August 28, 2013 10:03 AM
To: "Peter J. Cranstone" <peter.cranstone@3pmobile.com>
Cc: Jonathan Mayer <jmayer@stanford.edu>, Jeff Jaffe <jeff@w3.org>, Kevin Kiley <kevin.kiley@3pmobile.com>, "public-tracking@w3.org" <public-tracking@w3.org>, "peter@peterswire.net" <peter@peterswire.net>, "rigo@w3.org" <rigo@w3.org>, "tlr@w3.org" <tlr@w3.org>, Joseph Lorenzo Hall <joe@cdt.org>
Subject: Re: Consumer Watchdog Calls On Gov. Brown To Sign 'Do Not Track' Legislation, But Cautions Law Is Only A Step Towards Knowledge, Not Full Consumer Power

 

How someone is supposed to declare that they comply with something we have been unable to define for years is beyond me...

On Aug 28, 2013 5:48 AM, "Peter Cranstone" <peter.cranstone@3pmobile.com> wrote:

What's fascinating is that the moment an 'operator of a website or service' tries to comply with this law and they elect to say that they 'DO honor DNT: 1 headers from browsers'… that opens them up to a situation where they may, in fact, have to prove that to the California State Attorney General. The alternative is to go on the 'shame' list and say that you do NOT honor DNT signals. 

 

Either way CA just essentially forced every web site to update their Privacy Policy's, and if they do support DNT then also open themselves up to proving that they do. Better Privacy through Transparency - and that's a good thing. 

 

 

Peter

_________________________
Peter J. Cranstone



 

 

From: Joseph Lorenzo Hall <joe@cdt.org>
Date: Wednesday, August 28, 2013 5:19 AM
To: Kevin Kiley <kevin.kiley@3pmobile.com>
Cc: "public-tracking@w3.org" <public-tracking@w3.org>, "jeff@w3.org" <jeff@w3.org>, "tlr@w3.org" <tlr@w3.org>, "peter@peterswire.net" <peter@peterswire.net>, "rigo@w3.org" <rigo@w3.org>, "jmayer@stanford.edu" <jmayer@stanford.edu>, "Peter J. Cranstone" <peter.cranstone@3pmobile.com>
Subject: Re: Consumer Watchdog Calls On Gov. Brown To Sign 'Do Not Track' Legislation, But Cautions Law Is Only A Step Towards Knowledge, Not Full Consumer Power

 

When folks take a minute to read the bill text, it's definitely better characterized as a "do not track transparency" bill:

 

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml;jsessionid=4a3ff3d45dd6836ef40ab918b267

best, Joe

 

-- 

Joseph Lorenzo Hall

Senior Staff Technologist

Center for Democracy & Technology

https://www.cdt.org/


On Aug 27, 2013, at 19:11, Kevin Kiley <kevin.kiley@3pmobile.com> wrote:

>> http://www.bizjournals.com/sanfrancisco/prnewswire/press_releases/California/2013/08/27/DC69861?r=full

>> 

>> 71 - 0

 

That article actually misreports the final vote yesterday in the California Assembly.

 

It was actually 78-0 in favor of this "Do Not Track" legislation.

 

That makes all the floor votes on this "Do Not Track" Bill *unanimous* from

the first time it was voted on in the Assembly ( 73-0 ) to the recent Senate

floor vote ( 37-0 ) and now the final approval of amendments added by

the Senate by the originating house ( 78-0 ).

 

>From 'soup to nuts'... every lawmaker has voted 'Yes' to this "Do Not Track"

legislation, and it is now on the Governor's desk ( and he has already said he 

is ready to sign it into LAW ).

 

>From the official legislation tracking site...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_370 <http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_370&sess=CUR&house=A&search_type=bill_update> &sess=CUR&house=A&search_type=bill_update

 

[snip]

 

DATE: 05/02/2013

LOCATION: ASSEMBLY - FLOOR

MOTION: AB 370 MURATSUCHI  Assembly Third Reading

(AYES: 73. NOES: 0. Absent, Vacancy, Abstaining or Not Voting: 7 )  (PASS)

 

DATE: 08/22/2013

LOCATION: SENATE - FLOOR

MOTION: Assembly 3rd Reading AB370 Muratsuchi By Padilla

(AYES  37. NOES: 0. Absent, Vacancy, Abstaining or Not Voting: 3 )  (PASS)

 

DATE: 08/26/2013

LOCATION: ASSEMBLY FLOOR

MOTION: AB 370 MURATSUCHI  Concurrence in Senate Amendments

(AYES  78. NOES: 0. Absent, Vacancy, Abstaining or Not Voting: 2 )  (PASS)

 

Bill sent to Governor for signature 08/26/13.

 

[/snip]