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Re: New Change Proposal: New text for First Party Compliance (Issue-170)

From: David Wainberg <dwainberg@appnexus.com>
Date: Tue, 1 Oct 2013 09:00:58 -0400
Message-ID: <524AC78A.60009@appnexus.com>
To: Mike O'Neill <michael.oneill@baycloud.com>
CC: 'Vinay Goel' <vigoel@adobe.com>, 'Rob Sherman' <robsherman@fb.com>, <public-tracking@w3.org>
Mike,

As the draft spec stands today, under DNT:1 third parties can collect 
and use data with an exception or under the permitted uses. I don't see 
the loophole. These exceptions are already agreed on.

-David

On 2013-10-01 5:48 AM, Mike O'Neill wrote:
>
> Hi Vinay, David,
>
> I  think any dilution of the 1^st party sharing restriction weakens 
> DNT. Tracking techniques based on passing unique ids from 1^st to 3^rd 
> parties are becoming widespread, as an arms-race response to 3^rd 
> party cookie blocking. Exempting sharing now between parties when DNT 
> is set creates a gaping loophole, and would make the standard useless 
> in Europe. If data processor/controller contracts are in place then 
> OK, but this is covered by the service-provider exemption.
>
> Mike
>
> *From:*Vinay Goel [mailto:vigoel@adobe.com]
> *Sent:* 01 October 2013 02:46
> *To:* David Wainberg
> *Cc:* Rob Sherman; public-tracking@w3.org List
> *Subject:* Re: New Change Proposal: New text for First Party 
> Compliance (Issue-170)
>
> Hi David
>
> Im okay with accepting the intent of what you're trying to capture, 
> but I'm not sure we need all of the new language you added. How about:
>
> "If a first party receives a DNT:1 signal, the first party MAY 
> collect, retain, and use data in a manner consistent with any 
> commitments the first party makes to its users. A first party MAY 
> share data about this network interaction with its service providers 
> and with third parties, provided that any third parties that the first 
> party shares data with must abide by any applicable requirements of 
> this specification."
>
> This way, there is no obligation for the first party to 'pass' the 
> signal; but is inherent by saying the the third parties with who the 
> first party shares the data must comply with the applicable requirements.
>
> Would this new language cover what you were intending to amend?
>
> Vinay
>
> Sent from my phone
>
>
> On Sep 30, 2013, at 4:49 PM, "David Wainberg" <dwainberg@appnexus.com 
> <mailto:dwainberg@appnexus.com>> wrote:
>
>     Vinay,
>
>     I'd offer a friendly amendment, as well. Your new text reverts
>     from the old version that prohibits first parties from sharing
>     with "third parties who could not collect the data themselves
>     under this standard," but not from sharing altogether. I
>     understand there's a concern about giving 1st parties a loophole
>     to share data to be used in contradiction to the spec. However, I
>     think a total prohibition goes too far. If this were to be the
>     language for 1st party compliance, I'd propose this edit:
>
>     "If a first party receives a DNT:1 signal, the first party MAY
>     collect, retain, and use data in a manner consistent with any
>     commitments the first party makes to its users. A first party MAY
>     share data about this network interaction with its service
>     providers and with third parties, provided that the first party
>     MUST pass the DNT:1 signal with the data and that any third
>     parties receiving the data must abide by any applicable
>     requirements of this specification."
>
>     -David
>
>
>     On 2013-09-27 12:18 PM, Vinay Goel wrote:
>
>         Hi Rob,
>
>         Thanks for the thoughtful explanation and edits.  Yes, I'd
>         accept your suggested changes as edits to my proposed text.
>
>         -Vinay
>
>         *From: *Rob Sherman <robsherman@fb.com <mailto:robsherman@fb.com>>
>         *Date: *Friday, September 27, 2013 12:12 PM
>         *To: *Vinay Goel <vigoel@adobe.com <mailto:vigoel@adobe.com>>,
>         "public-tracking@w3.org <mailto:public-tracking@w3.org> List"
>         <public-tracking@w3.org <mailto:public-tracking@w3.org>>
>         *Subject: *Re: New Change Proposal: New text for First Party
>         Compliance (Issue-170)
>
>         Vinay,
>
>         Would you accept a friendly amendment to your text, as follows:
>
>             "If a first party receives a DNT:1 signal, the first party
>             MAY collect, retain, and use data *_in a manner consistent
>             with any commitments the first party makes to its users
>             _to both analyze usage and customize the content,
>             services, and advertising within the context of a first
>             party experience*.  A first party MAY share data about
>             this network interaction with its service providers, but
>             it MAY NOT share data about this network interaction with
>             third parties."
>
>         I am concerned about claiming to limit what a first party can
>         do with data collected when a user directly interacts with it,
>         particularly given that the specified uses here (analysis and
>         customization) would exclude activities that we've already
>         agreed as a group are permissible even in the third-party
>         context.  For example, this text doesn't seem to anticipate
>         use of first-party data for security purposes.  More
>         generally, though, it seems inappropriate to have a list of
>         permitted uses for first parties, given that first-party
>         services are going to vary quite substantially in how they
>         will need to use data, depending on what service they are
>         providing.  My sense is that it is more prudent here to simply
>         say that the first party has to comply with whatever
>         commitments it makes and avoid circumventing DNT by passing
>         data to a non-service provider that couldn't collect it
>         directly — and I think this is consistent with the rationale
>         you articulate below that "the first party should be able to
>         define/describe whatever it follows within its Privacy Policy."
>
>         (Obviously, as with the rest of the standard, all of this
>         would be subject to consent.  As a result, for example, if you
>         post a status update on Facebook and share it with your
>         friends, the prohibition on third-party sharing  shouldn't
>         prohibit Facebook from sharing that status update with
>         third-parties who are your friends, because we are doing this
>         with your consent.  But I don't think this point is
>         controversial.)
>
>         I also had some feedback on one of your other change proposals
>         but will raise that separately in that thread.
>
>         Thanks.
>
>         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: *Vinay Goel <vigoel@adobe.com <mailto:vigoel@adobe.com>>
>         *Date: *Tuesday, September 24, 2013 10:55 AM
>         *To: *"public-tracking@w3.org <mailto:public-tracking@w3.org>
>         List" <public-tracking@w3.org <mailto:public-tracking@w3.org>>
>         *Subject: *New Change Proposal: New text for First Party
>         Compliance (Issue-170)
>         *Resent-From: *<public-tracking@w3.org
>         <mailto:public-tracking@w3.org>>
>         *Resent-Date: *Tuesday, September 24, 2013 10:56 AM
>
>         Current text: "If a first party receives a DNT:1 signal the
>         first party /may/ engage in its normal collection and use of
>         information. This includes the ability to customize the
>         content, services, and advertising in the context of the first
>         party experience.
>
>         The first party /must not/ pass information about this network
>         interaction to third parties who could not collect the data
>         themselves under this standard. Information about the
>         transaction /may/ be passed on to service providers acting on
>         behalf of the first party
>
>         First parties /may/ elect to follow third party practices."
>
>         Proposed new text: "If a first party receives a DNT:1 signal,
>         the first party MAY collect, retain, and use data to both
>         analyze usage and customize the content, services, and
>         advertising within the context of a first party experience.  A
>         first party MAY share data about this network interaction with
>         its service providers, but it MAY NOT share data about this
>         network interaction with third parties."
>
>         Rationale: First off, we use the term 'data' within the
>         definitions of Collect, use, share, etc. but now switch to
>         'information'.  We should be consistent within the document
>         unless there is a reason for the switched term (though if
>         there is a reason, its unclear).  Second, what does 'normal
>         collection and use' mean?  What if that first party believes
>         its normal use is to sell/share the information with a data
>         broker?  We need to set parameters on what normal collection
>         and use mean.  Because we need to set parameters, we should
>         use the defined terms collect, retain and use.  In addition,
>         the current text introduces the term 'pass' which is
>         undefined/unclear.  Instead, why not use the defined term of
>         share?  Last, the last sentence 'First partys MAY elect…' is
>         completely unnecessary.  First Parties MAY also choose to
>         elect SOME third party practices but not all.  Do we need to
>         state that as well?  Instead, the first party should be able
>         to define/describe whatever it follows within its Privacy Policy.
>
>         Draws upon: Issue-170
>
>         -Vinay
>
Received on Tuesday, 1 October 2013 13:01:31 UTC

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