Re: Issue-170

Hi Mike,

Thanks for your proposal.

As I understand the second part of the proposal below, it implies that a DNT:0 signal is set through an explicitly-granted exception.

But as I understand the TPE, a user granted exception is not required to set and send a DNT:0 signal.

As this proposal is written it would unfairly place a burden on the origin server to determine whether or not the DNT:0 signal was set in response to a user granted exception.

Also, there should not be a DNT:0 distinction between first and third parties as implied by the proposal below.

Best regards,

Jack

Jack L. Hobaugh Jr
Network Advertising Initiative | Counsel
1620 Eye St. NW, Suite 210 Washington, DC 20006
P: 202-347-5341 | jack@networkadvertising.org

The information contained in this e-mail is confidential and intended for the named recipient(s) only. However, it is not intended as legal advice nor should you consider it as such. You should contact a lawyer for any legal advice. If you are not an intended recipient of this email you must not copy, distribute or take any further action in reliance on it and you should delete it and notify the sender immediately.





On May 30, 2014, at 9:10 AM, Mike O'Neill <michael.oneill@baycloud.com> wrote:

> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> 
> Here is my text for Issue-170.
> 
> I have (hopefully friendly) amended  John Simpsons Proposal by referencing our definition of Tracking and taking out the restriction in later data use as 3rd Party, as this is covered by Walter’s Proposal for Issue-219 (which I support). I have also incorporated the gist of Rigo’s Proposal about the use of DNT:0 as an e-privacy consent mechanism, and the bit in Vinay’s proposal about service providers.
> 
> Proposal:
> 
> If a 1st Party receives a request with DNT:1 set then data regarding or identifying the user initiating the request MUST NOT be shared between Parties outside the context of the request, other than between the 1st Party and its service providers or for permitted uses as defined within this recommendation. A 1st Party MAY elect further restrictions on the collection or use of such data.
> 
> If, as a result of an explicitly-granted exception, a 1st Party receives a request with DNT:0 set then data regarding the user MAY be used or shared but only for the purposes that were clearly and comprehensively explained when the exception was granted.
> 
> 
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.13 (MingW32)
> Comment: Using gpg4o v3.3.26.5094 - http://www.gpg4o.com/
> Charset: utf-8
> 
> iQEcBAEBAgAGBQJTiINJAAoJEHMxUy4uXm2Jtt0H+gIwe89nW5akvK8M/WAU0hPx
> Mhg07ZnsPgjyaLJO/gXrjO+V42K9sv2E3cteLz8aGqCNkxT2x+XXt9oXF+zA17gl
> WCfIfrGQ6SE1Z6TJrAItgDYPhp19cnARRn1skQqd3xaZ/GPn3W7ayaMWc8wxm805
> tth/kRaiCf+i73zrE8LuE63Y83M1MHqgAzolsAS0eeMVHKJH3FOYYd4StHQKqJeG
> 0k3HkagAkml9JAKDejz5opVJSbOAX07VWOWqSWSwUvHf5jGo5V9vMs6c/AgLaMru
> AIY8Vq0oWatAzVZkGUFxAjXo4OTu0P3vxo9tIlFM1PJmOHihh1fmEeYG2hc/E+o=
> =qa25
> -----END PGP SIGNATURE-----
> <PGPexch.htm><PGPexch.htm.sig>