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Eprivacy issues and standards -- where do we stand?
1. 1
Eprivacy Issues and
Their Potential Effect on
Online Data Collection
Anna Long
Founder and Principal Analyst
Web AnalyticaSM
2. 2
1 - 2
Agenda
• ePrivacy – What’s the Problem?
• Three Attempts to Address ePrivacy
Issues
– EU ePrivacy Directive
– W3C Tracking Protection Working Group
– W3C Customer Experience Digital Data
Community Group
3. 3
Online Privacy – What’s the Problem?
The landscape:
•The Wall Street Journal, The New York Times, Time Magazine,
and other news organizations have written articles raising
concerns about abuse of privacy online.
•The Privacy Rights Clearinghouse, Consumer Watchdog,
Consumer Action, and the Center for Digital Democracy have
voice concerns about online privacy.
•Politicians and regulators in the US and other regions have
conducted studies, held hearings, and introduced legislation
attempting to address online privacy violations.
4. 4
Technology’s Impact on Privacy
Concerns about
technology’s impact
on privacy pre-date
the commercialization
of the World Wide
Web.
March 18, 1992
5. 5
Technology’s Impact on Privacy
“A new protocol being developed by the Internet
Engineering Task Force (IETF) has raised privacy
concerns. Internet Protocol Version 6 (IPv6) is the
"next generation" protocol designed by the IETF to
replace the current version Internet Protocol (IPv4)...
“The new addressing structure, however, may mean
that every packet can be traced back to each user's
unique network interface card ID… That information...
forms the basis of the privacy concerns raised by
some observers of the IETF process.”
Concerns about
the Internet’s
effect on privacy
go back to the
last century.
October 12, 1999
7. 7
What’s to Be Done about ePrivacy Issues?
Three major initiatives are underway:
• European Union’s ePrivacy Directive: applies
regulation to cookie storage
• World Wide Web Consortium (W3C) Tracking
Protection Working Group: developing standards to
put tracking control in the hands of individual website
users
• W3C Customer Experience Digital Data Community
Group: creating standards that put control in the
hands of website owners
8. 8
Europe Union ePrivacy Directive
The European Commission has had an online privacy directive
(Directive 2002/058 on Privacy and Electronic Communications) in
place for over a decade.
• 2002 version required website owners to inform visitors about cookie
placement and offer a method of refusing cookies (opt-out)
• 2009 version requires website owners to gain permission from visitors
before storing any cookies not essential to basic site operation (opt-in)
The opt-in requirement of the 2009 revision caused an uproar in the European
online community. Many feared it would severely disrupt visitors’ website
experiences and put European online commerce at a severe competitive
disadvantage.
9. 9
"Member States shall ensure that the storing of information,
or the gaining of access to information already stored, in the
terminal equipment of a subscriber or user is only allowed
on condition that the subscriber or user concerned has
given his or her consent, having been provided with clear
and comprehensive information, in accordance with
Directive 95/46/EC, inter alia, about the purposes of the
processing.... “
From 2009 Revision of Article 5(3) of Directive 2002/58/EC, emphasis added
EU ePrivacy Directive
2009 Revision
10. 10
European Union Legislative Activity
The “Cookie” Laws
European Commission directed all EU members to incorporate the amended
ePrivacy Directive into their national laws by 25 May 2011.
• Many members did not meet that deadline and still have not put regulation
in place.
• UK enacted regulations requiring opt-in checks as of 26 May 2011 and
immediately postponed enforcement for a year.
• When the UK regulation took effect, the UK Information Commissioner’s
Office (ICO) urged quick action, but the law was quickly derided as anti-
competitive, confusing, and harmful. Eventually, even the ICO took down
its cookie opt-in pop-up.
15. 15
W3C Tracking Protection Working Group
Background
In Spring 2011, the World Wide Web Consortium (W3C) created
its Tracking Protection Working Group to deliver standards for
communicating and conforming to website visitors’ privacy
preferences.
From the beginning, this was a high-profile group with members
from technical fields, governments, and industry associations, but
dominated by privacy advocates and advertising industry groups.
16. 16
W3C Tracking Protection Working Group
The Twists and Turns
Between September 2011 and April 2014, the group’s work has
included :
• Multiple drafts of two specifications
•Tracking preference expression (the Do Not Track (DNT) flag)
• Website compliance
• 9 face-to-face meetings in Europe and US
• 111 teleconferences
• 242 issues raised
• 447 actions assigned
• 5 co-chairs
• 2 charter extensions
17. 17
W3C Tracking Protection Working Group
Where Does The Project Stand?
The latest:
• Summer 2013 – Digital Advertising Alliance stand-off forced co-chairs to choose
sides. Result: several resignations and group went on hiatus.
• W3C surveyed the remaining working group members to determine how to proceed.
Chose to proceed, but losing members and shrinking scope.
• One spec (tracking preference expression) approaching release for public comment
• Meanwhile, all major browsers as well as some software operating systems and
utilities are offering the DNT flag as an option or a default. Most websites are
ignoring the flag.
18. 18
W3C Customer Experience
Digital Data Community Group
Background
This W3C Project was formed by the merger of two
standardization initiatives, one led by Google and Qubit,
the other by IBM
It is being driven primarily by technologists and analysts
The Group’s mission is to identify a standard framework
for analytics data, both for efficiency and to enhance
analytics capabilities
Because much of this data is of a sensitive or private
nature, privacy must be addressed along with other
standardization issues
19. 19
W3C Customer Experience Digital Data Community Group
Standard Analytics Data Object (Current as of Spec. 1)
digitalData .PageIdentifier
.Page
.Product
.Transaction
.Event
.Component
.Cart
.User
.Version
.ShippingAddress
.
ShippingAddress.
Securty
SAddrLine1
SAddrLine2
City
State/Province
Postal Code
Country
SAddrLine1: Private
SAddrLine2:Private
City: Analytics, Advertising
State/Province: Analytics,
Advertising
Postal Code:Analytics,
Advertising
Country: Analytics Advertising
20. W3C Customer Experience
Digital Data Community Group
Permissions Mapping
www.calc.com – analytics;
www.adsRus.com – advertising;
www.audit.com – financial;
www.oursite.com – personalization;
Example of a mapping table:
21. 21
W3C Customer Experience
Digital Data Community Group
Architecture (Current Vision)
Access Control Layer
www.calc.com – analytics;
www.adsRus.com – advertising;
www.audit.com - financial
Access Permissions Table
digitalData .PageIdentifier
.Page
.Product
.Transaction
.Event
.Component
.Cart
.User
.Version
www.calc.com www.BigAds.com
Request
Data Request
22. W3C Customer Experience
Digital Data Community Group
Benefits
In developing the specification with these features, the
Group is attempting to set up an analytics data
architecture that:
• Provides standardized data to be used by all analytics
products
• Is flexible, extensible, and customizable for regions,
industries, and organizations
• Offers the potential for more analytics integration
(such as web application performance monitoring)
If you are interested in participating in this effort as it moves to the next
stage of standardization, contact me.
23. 23
Anna Long
Founder and Principal Analyst
Web AnalyticaSM
Email: anna.m.long@webanalytica.net
LinkedIn: linkedin.com/in/annamlong
Twitter: @webbylytical
Cary, NC
Washington, DC
919 349-5725