RE: Call on Monday

I am only saying that these are legal issue and best left up to the DPAs. 10.1 is unnecessary in the TPE and will only annoy people IMO.

 

From: Shane M Wiley [mailto:wileys@oath.com] 
Sent: 21 August 2017 15:41
To: Mike O'Neill <michael.oneill@baycloud.com>
Cc: Matthias Schunter (Intel Corporation) <mts-std@schunter.org>; public-tracking@w3.org
Subject: Re: Call on Monday

 

Mike,

 

I disagree and this has always been the mainstay of the working group since very early on in the discussion.  The law can override the technical discussion but we've always felt a neutral starting point was more appropriate such that the user chooses from that position (you could argue in the US, which is more of an opt-out model, that we could start with DNT:0).  From a reading of the ePR draft, you could argue that neutral still works if the browser prompts the user on first use to make a decision.

 

- Shane

 

On Mon, Aug 21, 2017 at 7:34 AM, Mike O'Neill <michael.oneill@baycloud.com <mailto:michael.oneill@baycloud.com> > wrote:

I think the new paragraph on default DNT 10.1 should be removed.

The European DPAs have already indicated that DNT should be set by default in browsers in the EU. This does not "violate the field's semantics", DNT:1 still means do not track.

It is true that in Europe the service provider (i.e. the entity managing the server) must obtain consent before accessing storage in the user's device (which they must do to implement tracking), and that only the existence of DNT:0 could be taken as a signal of consent in that context.

But most subresources on sites are managed by entities outside of Europe and sending DNT:1 to them can indicate either that the user has set it explicitly, or that it has been set by default because the user is an EU resident.

In the US, if some browser providers set DNT:1 by default, presumably users will be made aware of the fact, and their choice to use those particular browsers indicates an equally deliberate action. In reality the only major browser that did that was IE, which no longer does that.

Mike


-----Original Message-----
From: Matthias Schunter (Intel Corporation) [mailto:mts-std@schunter.org <mailto:mts-std@schunter.org> ]
Sent: 20 August 2017 16:32
To: public-tracking@w3.org <mailto:public-tracking@w3.org>  (public-tracking@w3.org <mailto:public-tracking@w3.org> ) <public-tracking@w3.org <mailto:public-tracking@w3.org> >
Subject: Call on Monday

Hi Folks,

as announced in our call 2 weeks ago, the review period for the final
draft ends tomorrow (before our call).

In the call, we will discuss any potential issues that have been
identified during the review period.

Regards,
matthias








 

-- 

- Shane

 

Shane Wiley

VP, Privacy

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