FTC Urged to Enact Tough 'Do-Not-Track' Rules

Consumer Watchdog wants the Federal Trade Commission to create a "Do Not Track Me" mechanism to protect consumers' online privacy and sasys such a mechanism must have the force of law behind it.

The nonprofit public interest group made the call in comments filed on The Federal Trade Commission's recent report, "Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers."

"One substantial tool that will empower consumers and allow the Internet to thrive while protecting consumers' basic right to privacy when they travel in cyberspace is a Do Not Track Mechanism. Such a mechanism also must have the force of law behind it," wrote John M. Simpson, Consumer Watchdog's Online Privacy director.

The Mozilla Firefox and Google Chrome Web browsers adopted a do-not-track tool last month. For the Mozilla tool to work, Web advertisers and tracking companies will have to agree not to follow users who enable the do-not-track feature. The non-profit Mozilla Corp.says it will urge companies to "honor people's privacy choices."

Google said its Keep My Opt-Outs feature will let users permanently opt out of ad-tracking cookies. The extension is available immediately in the Chrome Web store.

But Simpson said industry self-regulation has failed to provide adequate consumer privacy protection.

Can't wait

"Instead of waiting for industry yet again to demonstrate the insufficiency of self-regulation, the Commission should recommend Congress approve legislation requiring a Do Not Track mechanism, and endorse HR 654, the 'Do Not Track Me Online Act,'" Consumer Watchdog said. The bill was introduced by Rep. Jackie Speier, D-CA, last week.

Consumer Watchdog said the FTC report proposes a solid framework with principles drawn from Fair Information Practices (FIPs) that will go far to ensure that consumers are protected.

"That framework must be enacted by regulation through a rulemaking process," Consumer Watchdog said. Exactly what DNT technology would be used should be left to the browser manufacturers.

Under this system there would need to be regulations mandating the legal responsibilities of Websites that receive a Do Not Track message. Under this system the definition of "tracking" is critical.  Consumer Watchdog believes this is the appropriate definition:

"Tracking is the collection of data about Internet activities of a particular user, computer, or device (including mobile phones), over time and across a Website or Websites, for any purpose other than site maintenance and improvement, fraud prevention or legal compliance."

In other words, tracking includes all collection of data by Websites and applications whether they are first or third party.  The line between the two is increasingly blurred.  While there may be some allowable first-party uses, they must be defined as exemptions through a rulemaking process. Simply put, tracking is tracking and consumers must have the right to opt out of it.

Consumer Watchdog believes many, if not most, consumers will agree to tracking by a company with which they have a relationship, but they must have the choice.