ISSUE-10 First party definition, ISSUE-60, ACTION-?

Peter asked me to try to combine the three definitions of "first party" 
in the current text in consultation with Heather.  The existing 
definitions are all very close, and I don't think there are major 
substantive disagreements here.  Anyway, here is my best effort (Heather 
provided feedback, but she's not around this morning, so I don't know if 
she blesses this):

*In a specific network interaction, if a party can reasonably conclude 
with high probability that the user intends to communicate with it, that 
party is a <dfn>first party</dfn>.  In most cases on a traditional web 
browser, the first party will be the party that owns and operates the 
domain visible in the address bar.  A first party also includes a party 
that owns and operates an embedded widget, search box, or similar 
service with which a user intentionally interacts.  If a user merely 
mouses over, closes, or mutes such content, that is not sufficient 
interaction to render the party a first party.*

Rob Sherman is separately working on text regarding multiple first parties.

Chris Pedigo and Vinay Goel are separately working on text regarding 
data processors that stand in the shoes of their controllers, party-wise.

Justin Brookman
Director, Consumer Privacy
Center for Democracy & Technology
tel 202.407.8812

Received on Wednesday, 27 February 2013 15:52:56 UTC