This guest post is from Nick Doty, of the W3C and UC Berkeley School of Information. As a companion post to my summary of the position papers submitted for last month’s W3C Do-Not-Track Workshop, hosted by CITP, Nick goes deeper into the substance and interaction during the workshop.

The level of interest and participation in last month’s Workshop on Web Tracking and User Privacy — about a hundred attendees spanning multiple countries, dozens of companies, a wide variety of backgrounds — confirms the broad interest in Do Not Track. The relatively straightforward technical approach with a catchy name has led to, in the US, proposed legislation at both the state and federal level and specific mention by the Federal Trade Commission (it was nice to have Ed Felten back from DC representing his new employer at the workshop), and comparatively rapid deployment of competing proposals by browser vendors. Still, one might be surprised that so many players are devoting such engineering resources to a relatively narrow goal: building technical means that allow users to avoid tracking across the Web for the purpose of compiling behavioral profiles for targeted advertising.

In fact, Do Not Track (in all its variations and competing proposals) is the latest test case for how new online technologies will address privacy issues. What mix of minimization techniques (where one might classify Microsoft’s Tracking Protection block lists) versus preference expression and use limitation (like a Do Not Track header) will best protect privacy and allow for innovation? Can parties agree on a machine-readable expression of privacy preferences (as has been heavily debated in P3P, GeoPriv and other standards work), and if so, how will terms be defined and compliance monitored and enforced? Many attendees were at the workshop not just to address this particular privacy problem — ubiquitous invisible tracking of Web requests to build behavioral profiles — but to grab a seat at the table where the future of how privacy is handled on the Web may be decided. The W3C, for its part, expects to start an Interest Group to monitor privacy on the Web and spin out specific work as new privacy issues inevitably arise, in addition to considering a Working Group to address this particular topic (more below). The Internet Engineering Task Force (IETF) is exploring a Privacy Directorate to provide guidance on privacy considerations across specs.

At a higher level, this debate presents a test case for the process of building consensus and developing standards around technologies like tracking protection or Do Not Track that have inspired controversy. What body (or rather, combination of bodies) can legitimately define preference expressions that must operate at multiple levels in the Web stack, not to mention serve the diverse needs of individuals and entities across the globe? Can the same organization that defines the technical design also negotiate semantic agreement between very diverse groups on the meaning of “tracking”? Is this an appropriate role for technical standards bodies to assume? To what extent can technical groups work with policymakers to build solutions that can be enforced by self-regulatory or governmental players?

Discussion at the recent workshop confirmed many of these complexities: though the agenda was organized to roughly separate user experience, technical granularity, enforcement and standardization, overlap was common and inevitable. Proposals for an “ack” or response header brought up questions of whether the opportunity to disclaim following the preference would prevent legal enforcement; whether not having such a response would leave users confused about when they had opted back in; and how granular such header responses should be. In defining first vs. third party tracking, user expectations, current Web business models and even the same-origin security policy could point the group in different directions.

We did see some moments of consensus. There was general agreement that while user interface issues were key to privacy, trying to standardize those elements was probably counterproductive but providing guidance could help significantly. Regarding the scope of “tracking”, the group was roughly evenly divided on what they would most prefer: a broad definition (any logging), a narrow definition (online behavioral advertising profiling only) or something in between (where tracking is more than OBA but excludes things like analytics or fraud protection, as in the proposal from the Center for Democracy and Technology). But in a “hum” to see which proposals workshop attendees opposed (“non-starters”) no one objected to starting with a CDT-style middle ground — a rather shocking level of agreement to end two days chock full of debate.

For tech policy nerds, then, this intimate workshop about a couple of narrow technical proposals was heady stuff. And the points of agreement suggest that real interoperable progress on tracking protection — the kind that will help the average end user’s privacy — is on the way. For the W3C, this will certainly be a topic of discussion at the ongoing meeting in Bilbao, and we’re beginning detailed conversations about the scope and milestones for a Working Group to undertake technical standards work.

Thanks again to Princeton/CITP for hosting the event, and to Thomas and Lorrie for organizing it: bringing together this diverse group of people on short notice was a real challenge, and it paid off for all of us. If you’d like to see more primary materials: minutes from the workshop (including presentations and discussions) are available, as are the position papers and slides. And the W3C will post a workshop report with a more detailed summary very soon.