FCC: Websites Can Ignore 'Do Not Track' Requests

The Federal Communications Commission (FTC) says it won't force web companies to take any heed of "Do Not Track" tools in web browsers. The move may fatally undermine the technology which is part of all modern browsers.

The idea of "Do Not Track" is to have a standardized way for users to indicate to website operators that they don't want their online activity tracked. It's designed particularly for situations in which a third-party advertising agency which has access to a website can put a tracking cookie on the computer of a visitor to the site. The next time the user sees an advertisement from that agency, the ad can be tailored based on the sites the user has visited since the cookie was put in place.

Do Not Track Used In All Major Browsers

The Do Not Track concept goes back to 2009 when it was proposed as a standard signal that could be issued by any web browser and recognized by any website or other web-based tool. Supporters of the idea hoped it would become widely accepted as a website equivalent of measures such as the Do Not Call registry for phones.

It hasn't yet become a formal standard. However, Firefox, Internet Explorer, Safari, Opera and Chrome all support Do Not Track, albeit usually as an optional setting rather than a default.

The problem is that there's no legal requirement for website operators or advertising companies to take any notice of the signal. Indeed, several major industry groups that deal with online businesses and advertising have explicitly said they won't force members to respect Do Not Track signals. That leaves users having to manually reject or delete cookies on every site to prevent tracking.

The Consumer Watchdog group has formally asked the FCC to make it mandatory for website firms to take notice of Do Not Track. It believes the FCC has had the power to make such a rule since June when it reclassified broadband Internet as an information service, allowing it to make rules to enforce the principle of net neutrality. (Source: zdnet.com)

FCC Says 'Do Not Track' Is Outside Its Remit

The FCC has rejected the Consumer Watchdog request saying that Do Not Track has nothing to do with net neutrality, which is the idea that all [lawful] Internet traffic should be treated equally. That's manifested in rules that stop Internet carriers from slowing down or blocking particular types of content.

According to the FCC, to force companies to comply with a Do Not Track signal would involve regulating how people use the Internet, something it has no desire to do. The ruling actually works out quite well for the FCC as it helps counter the arguments of critics who say the reclassification of broadband was an attempt to interfere with the freedom of the Internet. (Source: fcc.gov)

It's bad news for supporters of Do Not Track, however. Now its clear that the idea won't have any legal force, even more major online firms may choose to ignore the signals. That in turn may mean users don't bother to switch on the feature.

What's Your Opinion?

Should Do Not Track signals be legally enforceable? If so, should the FCC be the agency to enforce them, or does that go beyond its scope? Should major companies such as Google respect Do Not Track even if they aren't legally required to do so?