FTC Comment v5x

February 18, 2011 Federal Trade Commission Office of the Secretary 600 Pennsylvania Avenue, NW Washington, DC 20580 Re: Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers Dear Commissioners and Staff: We commend the Commission’s staff for its incisive and farsighted draft report on consumer privacy, and we thank the Commission for the opportunity to provide input in advance of the final report. We write to share our views on Do Not Track—the result of over half a year of research and outreach to online stakeholders. Additional materials are available at http://donottrack.us, and we would be glad to address any further inquiries the Commission may have. Sincerely, Jonathan Mayer Arvind Narayanan, Ph.D. Stanford Security Laboratory Stanford University Department of Computer Science 353 Serra Mall MC 9045 Stanford, CA 94305 The views expressed in this comment are solely those of the authors. 1 Table of Contents I. Do Not Track should apply to all third-party tracking, not just behavioral advertising. ............. 3  II. Do Not Track should be defined by the scope of third-party tracking. ...................................... 4  A. The distinction between first and third parties should be guided by consumer expectations. 4  B. Tracking should encompass all data collection, retention, and use. ...... 5  C. Exceptions are warranted ...