Do Not Track
DNT 2.0: What Next for Policymakers?
Could the appointment of Justin Brookman of the Center for Democracy and Technology (CDT) and Carl Cargill of Adobe salvage the World Web Consortium (W3C) Do Not Track (DNT) process? Hopefully, all sides will work together to pursue an agreed-upon solution, since an implosion of the process, which seemed inevitable on Tuesday as the Digital Advertising Alliance (DAA) announced its departure from the group, would cast a long shadow over the prospects for multi-stakeholder resolutions to the burning privacy problems of our time.
Some would argue that the W3C, a technical standard-setting organization, is ill suited to resolve such policy debates. Bridging the gap between the diametrically opposed views of industry hardliners and consumer advocates has proved daunting, even for Prof. Peter Swire, the seasoned professional who co-chaired the discussions over the past nine months. Indeed, the members of the DAA themselves appear to be in discord, with the Interactive Advertising Bureau, Network Advertising Initiative and Direct Marketing Association stating they will remain engaged in the process—although cynics would argue that their intention is simply to ward off a deal that is harmful to industry. One lesson may be that a solution based on consensus is highly unlikely given that those who are most motivated to mobilize are advocacy and industry voices from the furthest extremes. Indeed, a palatable solution is probably one that leaves all sides unhappy.
The big question is what happens now with Brookman and Cargill at the helm. The policy environment has become disjointed with California pursuing its own DNT legislation; Microsoft setting its browser to automatically require (whom?) not to track (what?), and various industry bodies administering their own opt-out programs without a clear tie into DNT. European voices point to the faltering multi-stakeholder process as sign of perceived weakness of privacy protections in the U.S. Given the demonstrated difficulty in resolving privacy issues at every public policy instance—witness the tortuous progress of the draft European General Data Protection Regulation—we must work to better understand what works and what does not in the multi-stakeholder space.
About the Author
Omer Tene is Vice President of Research and Education at the IAPP where he administers the Westin Fellowship program and fosters ties between the industry and academia. He is also Vice Dean of the College of Management School of Law, Rishon Le Zion, Israel; an Affiliate Scholar at the Stanford Center for Internet and Society; and a Senior Fellow at the Future of Privacy Forum. He has published extensively in US and European law reviews about big data, online tracking, and international privacy law.