Re: DNT: Agenda for Call March 6

I previously objected to this exception as too expansive and vague; here 
is what I wrote on this in September:

http://lists.w3.org/Archives/Public/public-tracking/2012Sep/0259.html

I do not believe the November text sufficiently addresses my concerns.  
"Branding" and/or "the presence of privacy policies" should not be 
sufficient to turn an otherwise third party into a first.  I have 
previously argued for one first party per interaction.  I could live 
with language that allows for multiple first parties in unique 
scenarios, but this remains an exception that could swallow the rule.

Justin Brookman
Director, Consumer Privacy
Center for Democracy & Technology
tel 202.407.8812
justin@cdt.org
http://www.cdt.org
@JustinBrookman
@CenDemTech

On 3/5/2013 4:13 PM, Rob Sherman wrote:
> Hi Rob,
>
> Sorry for the confusion on ACTION-273 / ISSUE-181.  The text that 
> we'll be discussing was circulated in November of last year 
> (http://lists.w3.org/Archives/Public/public-tracking/2012Nov/0075.html), 
> and I'm not proposing to change the text from what was previously 
> circulated.  We had a discussion about this on our weekly call.  I 
> think we worked through questions that were raised but didn't actually 
> close the issue, and the issue didn't get brought back to the agenda 
> in subsequent calls.  So the purpose of the agenda item tomorrow is to 
> give us an opportunity to resolve this.
>
> Peter also asked me to look into how, if at all, the approach we're 
> taking here would be informed by the Gramm-Leach-Bliley Act in the 
> United States.  We can talk about that as well but it does not change 
> the text that people weighed in on in November.
>
> I hope this clarifies the agenda item.
>
> Rob
>
> Rob Sherman
>
> *Facebook** | **Manager, Privacy and Public Policy*
>
> 1155 F Street, NW Suite 475 | Washington, DC 20004
>
> office 202.370.5147 | mobile 202.257.3901
>
>
> From: Rob van Eijk <rob@blaeu.com <mailto:rob@blaeu.com>>
> Date: Tuesday, March 5, 2013 2:26 PM
> To: Peter Swire <peter@peterswire.net <mailto:peter@peterswire.net>>, 
> "public-tracking@w3.org <mailto:public-tracking@w3.org> WG" 
> <public-tracking@w3.org <mailto:public-tracking@w3.org>>
> Subject: Re: DNT: Agenda for Call March 6
> Resent-From: <public-tracking@w3.org <mailto:public-tracking@w3.org>>
> Resent-Date: Tuesday, March 5, 2013 2:27 PM
>
> Peter,
>
> I have 3 procedural questions:
>
> Action 273 is pending review, however the revised text has not been 
> circulated to the list. I think it is fair to leave at least 1 week 
> between text circulation on the mailing list and discussing it in the 
> plenairy weekly calls to allow for discussion on the list and to allow 
> for the need to discuss text internally before taking an official 
> position in a discussion. Is it possible to accomodate this?
>
> Likewise is action 368 with status open, and no text circulated. Ergo, 
> no time/chance to prepare the discussion in time.
>
> Lastly, with regards to apparently scheduled discussions (eg . related 
> append issues to action 368). I may have overlooked a URL, but if 
> there are items planned ahead, it would be good to know. Please send a 
> URL,
>
> Regards,
> Rob
>
>
> Peter Swire <peter@peterswire.net <mailto:peter@peterswire.net>> wrote:
>
>     Wednesday call March 6, 2013
>
>     ---------------------------
>
>     Administrative
>
>     Chair: Peter Swire
>
>     ---------------------------
>
>     1. Confirmation of scribe – glad to accept volunteer in advance
>
>     2. Offline-caller-identification:
>
>     If you intend to join the phone call, you must either associate
>     your phone number with your IRC username once you've joined the
>     call (command: "Zakim, [ID] is [name]" e.g., "Zakim, ??P19 is
>     schunter" in my case), or let Nick know your phone number ahead
>     of  time. If you are not comfortable with the Zakim IRC syntax for
>     associating your phone number, please email your name and phone
>     number to npdoty@w3.org <mailto:npdoty@w3.org>. We want to reduce
>     (in fact, eliminate) the time spent on the call identifying phone
>     numbers. Note that if your number is not identified and you do not
>     respond to off-the-phone reminders via IRC, you will be dropped
>     from the call.
>
>     3. Update on next face-to-face.
>
>     ---------------------------
>
>     TPE: Matthias Schunter
>
>     ---------------------------
>
>     4.   TPE matters (15 minutes)
>
>     ---------------------------
>
>     Discuss Assigned Compliance Actions
>
>     ---------------------------
>
>     5.  Action 273 (Rob Sherman).Rob has updated text for multiple
>     first parties.Discussion will include reference to “joint
>     marketing” under Gramm-Leach-Bliley Act.
>
>     6. Action 368 (Chris Pedigo), update “service provider” or “data
>     processor” definition.  (Discussion of related “append” issue is
>     scheduled to occur in two weeks).
>
>     7. Action 371 (Dan Auerbach).Dan has circulated proposed text and
>     non-normative language.
>
>     8.  Issue 10, definition of “first party.”Text from the editors,
>     with focus on clarity of writing rather than major discussion on
>     scope.
>
>     9. If time, review of other outstanding assigned actions.
>
>     ---------------------------
>
>     10. Announce next meeting & adjourn
>
>     ================ Infrastructure =================
>
>     Zakim teleconference bridge:
>
>     VoIP: sip:zakim@voip.w3.org <file:///sip/zakim@voip.w3.org>
>
>     Phone +1.617.761.6200 passcode TRACK (87225)
>
>     IRC Chat: irc.w3.org <http://irc.w3.org/>, port 6665, #dnt
>
>     *****
>
>     *****
>
>
>
>
>     Professor Peter P. Swire
>     C. William O'Neill Professor of Law
>         Ohio State University
>     240.994.4142
>     www.peterswire.net
>
>
>     Professor Peter P. Swire
>     C. William O'Neill Professor of Law
>         Ohio State University
>     240.994.4142
>     www.peterswire.net
>