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Re: Proposed California Law affecting DNT

From: イアンフェッティ <ifette@google.com>
Date: Thu, 28 Mar 2013 17:02:18 -0700
Message-ID: <CAF4kx8cGS7sNOjcArNHUZCrcA0wc2ByLFUK9tQvtRnJmqV+bVA@mail.gmail.com>
To: John Simpson <john@consumerwatchdog.org>
Cc: "public-tracking@w3.org (public-tracking@w3.org)" <public-tracking@w3.org>
Two thoughts,

1, it seems the language of the bill is a bit confused around who is doing
what, specifically it talks about the first party honoring the request to
not "track", with an added obligation to explicitly call out the special
circumstance where the website somehow enforces restrictions on third
parties (by technical or contractual means?!)

2, hey, it defines tracking! And the tracking seems to be defined as the
collection of PII such as name, email, or social security number
(specifically defined on page 3 line 19 forward).

On Thu, Mar 28, 2013 at 4:53 PM, John Simpson <john@consumerwatchdog.org>wrote:

> Colleagues,
> The California Attorney General is sponsoring a bill that could be of
> interest to our working group. It is AB 370 introduced by Assemblyman Al
> Muratsuchi.  I've attached it as a PDF file.  I'm not sure that the current
> language exactly accomplishes what the AG's office tells me is their
> intent, but here is what I was told they want to do:
> The bill would amend existing California law requiring privacy policies to
> require that a commercial website would have to include in its privacy
> policy whether or not it honors a Do-Not-Track message.  The intent, I was
> told, is to increase transparency and shift some of the responsibility for
> Do Not Track on to consumer-facing 1st party sites.
> The idea is that a 1st party website could not claim it honored Do Not
> Track if it allowed or knew it had 3rd parties on its site that engaged in
> tracking.
> The bill offers this definition of tracking:
> "The term "online tracking" means the practice of collecting personally
> identifiable information about and individual consumer's online activities
> over time and across different Web sites and online services."
> I thought you would be interested.
> Best regards,
> John
> ---------
> John M. Simpson
> Privacy Project Director
> Consumer Watchdog
> 2701 Ocean Park Blvd., Suite 112
> Santa Monica, CA, 90405
> Tel: 310-392-7041
> Cell: 310-292-1902
> www.ConsumerWatchdog.org
> john@consumerwatchdog.org
Received on Friday, 29 March 2013 00:02:45 UTC

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