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Re: Consolidated Proposal for Definition of Collect

From: David Wainberg <dwainberg@appnexus.com>
Date: Fri, 1 Nov 2013 12:33:13 -0400
Message-ID: <5273D7C9.1070908@appnexus.com>
To: Vinay Goel <vigoel@adobe.com>, "Dobbs, Brooks" <Brooks.Dobbs@kbmg.com>, Walter van Holst <walter.van.holst@xs4all.nl>, "public-tracking@w3.org" <public-tracking@w3.org>
Hi all,

I'm coming late to this party, but I don't why we'd define facilitator. 
What's the intended obligation of a facilitator? And why is this needed 
for the current path forward? Even if we include a definition of 
tracking, none of the proposals include facilitation.

-David

On 2013-11-01 12:20 PM, Vinay Goel wrote:
> Hi Brooks,
>
> How about this?
>
> A party*facilitates* any other party’s collection of data if it 
> enables such party to collect data and engage in tracking.
>
> I believe this language covers the your use case of ‘facilitate others 
> to engage…’ because the original party still enabled this to occur by 
> working with that party which enabled others.  I also think I kept 
> your concept of ‘leading to tracking’ but simp lied the language.
>
> Does this better capture what you were going after?
>
> -Vinay
>
> From: <Dobbs>, Brooks <Brooks.Dobbs@kbmg.com 
> <mailto:Brooks.Dobbs@kbmg.com>>
> Date: Friday, November 1, 2013 at 11:09 AM
> To: Vinay Goel <vigoel@adobe.com <mailto:vigoel@adobe.com>>, Walter 
> van Holst <walter.van.holst@xs4all.nl 
> <mailto:walter.van.holst@xs4all.nl>>, "public-tracking@w3.org 
> <mailto:public-tracking@w3.org>" <public-tracking@w3.org 
> <mailto:public-tracking@w3.org>>
> Subject: Re: Consolidated Proposal for Definition of Collect
>
> So Vinay great start!
>
> But where I may be stuck is "facilitate".  Does the creation of a new 
> network connection within an interaction necessarily facilitate 
> tracking?  If I redirect to a social media icon, and unbeknownst to me 
> the consumer has provided permission to the icon provider to "track" 
> them across the web, then arguably the social media provider isn't 
> really tracking, so I haven't facilitated tracking.  Or alternatively, 
> have I facilitated technical tracking, but the tracking is permitted 
> owing to exceptions which I'd further need to port from the compliance 
> doc?
>
> I suppose another alternative would be:
> A party*facilitates* collection by another party where it enables such 
> party to collect data itself, and where such party may either engage 
> in tracking or facilitate others to engage in collection leading to 
> tracking.  <just created this>
>
>
>
> -- 
>
> *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
>
>
> _
> This email – including attachments – may contain confidential 
> information. If you are not the intended recipient,
>  do not copy, distribute or act on it. Instead, notify the sender 
> immediately and delete the message.
>
> From: Vinay Goel <vigoel@adobe.com <mailto:vigoel@adobe.com>>
> Date: Friday, November 1, 2013 10:38 AM
> To: Brooks Dobbs <brooks.dobbs@kbmg.com 
> <mailto:brooks.dobbs@kbmg.com>>, Walter van Holst 
> <walter.van.holst@xs4all.nl <mailto:walter.van.holst@xs4all.nl>>, 
> "public-tracking@w3.org <mailto:public-tracking@w3.org>" 
> <public-tracking@w3.org <mailto:public-tracking@w3.org>>
> Subject: Re: Consolidated Proposal for Definition of Collect
>
> Hi all,
>
> I think more of us are converging on the idea that share is the wrong 
> work for facilitate/induce.  To start the ball rolling, how do these 
> definitions look:
>
>   * A party *collects* data received in a network interaction if it
>     retains that data after the network interaction is complete.
>      <from Roy’s suggested tweaks to the compromise change proposal,
>     but removed the sharing aspect>
>   * A party *retains*data if the data remains within the party's
>     control after the network interaction during which it was
>     collected is complete. <from Lee’s change proposal>
>   * A party *uses*data if the party processes the data for any purpose
>     other than storage or merely forwarding it to another party.<from
>     editor’s draft>
>   * A party *shares*data if it transfers or provides a copy of data
>     that it has collected to any other party.<from Amy’s change
>     proposal; takes out the facilitating aspect>
>   * A party *facilitates* tracking within a network interaction if it
>     enables any other party to collect data itself.  <just created this>
>
> Thoughts?
>
> -Vinay
>
>
> On 11/1/13, 10:26 AM, "Dobbs, Brooks" <Brooks.Dobbs@kbmg.com 
> <mailto:Brooks.Dobbs@kbmg.com>> wrote:
>
>     Walter,
>
>     I agree these are compliance issues but they seem to now be tied to
>     definitions we've moved to the new 3.5, "TePliance" doc.
>
>     To be clear, I am not trying to completely remove a first party's
>     responsibility for what they induce, facilitate or whatever the
>     word, but
>     "share" (and relatedly collect) are the wrong words!  You could have a
>     hypothetical site which has no forms and all logging turned off
>     and no 3rd
>     party service providers (in my mind zero collection) meet a
>     definition of
>     collecting simply by including social media icons.
>
>     We may or may not have strong agreement on facilitator
>     responsibilities,
>     but I do hear a common refrain that we must bring more definitions
>     into a
>     TPE if that TPE is meant to apply to a single compliance
>     doc.  IMHO for
>     either a poll 3 or 4 approach to work the TPE must be written in
>     such a
>     way that it can stand on its own.  Right now it appears we are
>     struggling
>     with the 2 potential ways of achieving this:
>     1) piecemeal moving a compliance doc into the TPE, TePliance -
>     which in
>     fairness is NOT option 3.5 but rather a renamed option 1, or
>     2) writing the TPE in a way that it doesn't assume anything from the
>     compliance doc but is written generally to allow for multiple
>     compliance
>     standards, including one which may come from this group.
>
>
>
>     -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 <mailto:brooks.dobbs@kbmg.com>
>
>
>
>     This email ­ including attachments ­ may contain confidential
>     information.
>     If you are not the intended recipient,
>     do not copy, distribute or act on it. Instead, notify the sender
>     immediately and delete the message.
>
>
>
>     On 11/1/13 6:09 AM, "Walter van Holst" <walter.van.holst@xs4all.nl
>     <mailto:walter.van.holst@xs4all.nl>> wrote:
>
>         On 01/11/2013 11:02, David Singer wrote:
>
>             OK, maybe a concrete question.  If I (a first party) write
>             a page
>             that pulls in a third-party resource, this causes clients
>             who visit
>             my page also to contact that third party.  Lee is saying
>             that that
>             constitutes "sharing" by the first party, even though the
>             transaction
>             from client to third party never came actually "through"
>             the first
>             party.  It's sort of an inducement, or the like.
>             Do we need to define this?  Is it really 'share', and an
>             inducement
>             to share?  Anyway, the first party will not re-write pages
>             for DNT
>             users, I doubt.
>
>
>         It reeks more of induced collection than of sharing. For all
>         intents and
>         purposes, the third party does not receive the data through
>         the first
>         party, but directly from the UA.
>
>         It is more a matter for a compliance spec to attach
>         consequences to this
>         than for the TPE.
>
>         Regards,
>
>         Walter
>
>
>
>
>
Received on Friday, 1 November 2013 16:33:46 UTC

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