Do Not Track is at a Crossroad

The New York Times weekend piece on Do Not Track revived the debate on what the industry should do when users’ online privacy choices are made for them. Our view is that the choice should be left to the user, and not imposed by any platform or service provider. Last week, Google announced that it would make available this user-controlled feature in its Chrome browsers by the end of the year.

In June Microsoft disrupted the industry discussions about how to provide a workable mechanism to empower users to make choices about online privacy and personalization. It announced that it would turn on the Do Not Track (DNT for short) signal in Internet Explorer 10 by default. Mozilla, the maker of the competing browser, Firefox, was critical. SIIA objected. Advertisers announced that this decision ran counter to an agreement struck between the industry and the White House around opt-out as a genuine consumer choice.

Last week, Apache revealed that it will disable the DNT signals coming from Internet Explorer 10. Roy Fielding, an author of the DNT standard and principal scientist at Adobe Systems, wrote a patch for Apache that sets the Web server to disable DNT if the browser reaching it is Internet Explorer 10.

The message is that a unilateral action forced on users by one industry player is not a sustainable solution. We as an industry have to do it together, or not at all. If websites powered by Apache do not accept the IE10 DNT signal, it simply won’t reach critical mass. Consumers, mislead by industry announcements and superficial stories from the trade press, might think their browers are giving them privacy over personalization–but the reality will be very different.

The danger is that the collaborative effort that has been building toward real privacy protection collapses. As Peter Bight said in ArsTechnica in August,” …there’s a very real prospect that the Do Not Track header will be both widely used, and widely ignored. In this situation, it would be difficult to describe it as anything other than a failure.”

Do not track is at a crossroad. Now it is up to the industry to create a a simple, easy to use, consumer activated Do Not Track system that all parties can respect.


Mark MacCarthy, Vice President, Public Policy at SIIA, directs SIIA’s public policy initiatives in the areas of intellectual property enforcement, information privacy, cybersecurity, cloud computing and the promotion of educational technology. Follow the SIIA Public Policy team on Twitter at @SIIAPolicy