RE: issue-205

Hi Shane,

 

That text was in the TPE and I thought it was better, as did Justin because
he put the same phrase in his change proposal, which this is. My main issue
was to get the reference to explicit consent in EU law put back in.

 

I agree the "implied" adjective is subject to misinterpretation, especially
when it has been used to avoid the necessity for obtaining consent. 

 

How about:

 

A user agent MUST have a default tracking preference of unset (not enabled)
unless a another specific tracking preference is clearly and unambiguously
indicated to the user prior to installation, or is required to comply with
applicable laws, regulations and judicial processes.

 

It would be good  also to get input from Justin.

 

Mike

 

From: Shane Wiley [mailto:wileys@yahoo-inc.com] 
Sent: 30 June 2013 17:01
To: Mike O'Neill; public-tracking@w3.org
Cc: 'Justin Brookman'; Nicholas Doty
Subject: RE: issue-205

 

Mike,

 

The term "implied by the decision" seems far too open to interpretation.
All 3rd parties could argue users have agreed to ignore DNT since it's
implied they've consented by visiting the web page they're on (I don't agree
with that stance but use it demonstrate how easy it is to apply the term
"implied" in a given context).

 

- Shane

 

NOTE - on vacation this week so replies will be delayed.

 

From: Mike O'Neill [mailto:michael.oneill@baycloud.com] 
Sent: Saturday, June 29, 2013 1:05 AM
To: public-tracking@w3.org
Cc: 'Justin Brookman'; Nicholas Doty
Subject: issue-205

 

I added the phrase about local law to Justin's text on the wiki, as per my
change submission.

 

 

A user agent MUST have a default tracking preference of unset (not enabled)
unless a specific tracking preference is implied by the decision to use that
agent, or another default preference is required to comply with applicable
laws, regulations and judicial processes.

 

Justification.

 

The original wording in the TPE, allowing the choice of a privacy oriented
user-agent, was better so why lose it, and it is possible that rights-based
jurisdictions like the EU with an assumed right to privacy may require
user-agents be supplied with DNT set by default.