327Re: Cookies, tagging and privacy
- Sep 1, 2004Eric,
Following up on HR2929 IH and RH. IH is pretty clearly dealing with
spyware code that is downloaded onto a user's machine and the use of
such to collect information or do other things to user. RH is
(interpretable software code) would be considered "software", if it
is then a number of other issues arise beyond what I mention below.
In general they follow the FTC theme of prohibiting "deceptive
practices" and try to list out some of such and cover others
The most affecting prohibition for some in our industry, as is is
currently written, would seem to be Sec.3.7. of RH. "Inducing the
owner or authorized user to provide personally identifiable
information to another person by misrepresenting the identify or
authority of the person seeking the information."
Doing what is described in this section does not require "spyware"
practices of some in our industry (add that these are not the common
practices of many others including the one I work for) could meet
this prohibition. There is the basic set of events that I believe
could be prohibited under this rule if passed.
extract PII from form fields filled by site user and other sources
(definition may come to include IP numbers and else, but that is not
- Web analytics vendor's web bug sends the PII that the user
intended to go only to the site operator to a third-party other than
In this case the user is deceived into thinking that the PII they
are providing to the site is going just to the site, when it is
actually going to third-party instead or as well.
In general, and to the primary point in my previous messages on this
This industry should in general try to not use their technology or
behave in ways that can be seen as being "deceptive" and site
operators should not use technologies that appear to deceive
It is my basic belief in regard to what will bear out at the end of
the day, in regard to this legislation and other in the future that
legislators will, as time passes, find ways to include
any "deceptive" practice into this or other legislation.
What is "deceptive?" I think that some common sense can be applied
here . . if a user thinks when they are providing information to one
person (company) and something is being done without their
permission to send it to some other company, then that will be
--- In firstname.lastname@example.org, Eric Peterson
> I know you're in the UK and care slightly less about HR 2929 but
> you work for a US company have you looked at this bill and thoughtlike
> about it's implications at all? If so, I'm sure the group would
> to hear your thoughts.wrote:
> On Tue, 31 Aug 2004 09:07:31 -0000, Stephen Turner
> <yahoo@a...> wrote:
> > --- In email@example.com, "dallatana" <dalla@a...>
> > > Hello All,track, but
> > >
> > > What about third party tracking generated by advertisers? The
> > > advertising model is pretty much built on the ability to
> > > their methods are not controlled by the site on which theyplace.
> > > advertise.
> > >
> > This, of course, is why cookies got a bad name in the first
> > When cookies were first invented, advertising meant banner ads,
> > attached to images not just pages, DoubleClick was able to attachis in
> > cookies to their ads, and track everywhere that you'd been. This
> > a different category from being able to track you within onesite, and
> > seemed to cross the boundary of what many people -- at least,many of
> > those few who knew what was going on -- found acceptable.is the
> > > users.policies at
> > No, I disagree with this. Most people don't read privacy
> > all. And the sort of people who care about these issues haveseen too
> > users without promising them anything. Too often there's somelegal
> > boilerplate along the lines of "We can change any of this policyat
> > any time by posting the changes on our website".
> > --
> > Stephen Turner
> > CTO, ClickTracks http://www.clicktracks.com/
> > ClickTracks wins ClickZ Marketing Excellence Award again!
> > WINNER: Best Web Analytics Tool 2003 & 2004
> > ---------------------------------------
> > Web Metrics Discussion Group
> > Moderated by Eric T. Peterson
> > Author, Web Analytics Demystified
> > http://www.webanalyticsdemystified.com
> > Yahoo! Groups Links
> Eric T. Peterson
> Author, Web Analytics Demystified
> Have you joined the Metrics Discussion Group? Email
> firstname.lastname@example.org to join today!
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