As an independent, non-profit organization, the WAA is sometimes asked for its position on relevant topics in the web analytics industry. Privacy is important to all of us as a misunderstanding of our tracking technologies can lead to distrust. Therefore, I wanted to share a recent question about page tagging and web beacons being mistaken for spyware as well as the WAA's official response.

In 1999, Seth Godin taught us that opt-in is the right way to treat people regarding email. At the core of opt-in is notification and choice. Now that the public is becoming more aware of passive tracking technologies, the Web Analytics Association believes that there needs to be a clear, visible way for site visitors to make the choice to opt-out of web analytics tracking. Transparency as to what information is being tracked and how the data is being used is a must. It is simply an inevitable future privacy requisite from visitors on your website.

The Web Analytics Association endorses Yahoo! actions to provide transparency, notification, choice and control to visitors. Additionally, Yahoo! is taking this stance one step further by requiring and enforcing that websites who are using their web analytics tool disclose this fact to their visitors and provide an opt-out link for visitors who wish not to be tracked.

We believe it is not only good practice to expand your website privacy policy along the lines of what Yahoo! is doing, but it’s inevitable that most web analytics providers will require that their clients abide by this approach as well. As a corporate member of the Web Analytics Association, we are pleased that Yahoo! has taken this leadership position in the industry.

Privacy remains integral to our business, and consent is perhaps the largest component of building reputation and trust. We'd love to hear your thoughts on the matter.

Jim Sterne

Chairman, Web Analytics Association

Comments

[Daniel Waisberg]

Thank you very much for that Jim.

I believe this is a big step for the Web Analytics industry. Although I am aware that many Web Analysts will be conservative about limiting their tracking data. And of course we will encounter some statistical issues due to less unbiased data as a result of opt-in.

But, as Bob Dylan already said the times they are a-changin'...

[Brian Katz]

Hi Jim and thanks for keeping us in the loop.

Should we not distinguish between 2 types of tracking?
1)Tracking the visitor to the point of being able to track him/her individually (even without PII). SiteCatalyst is an example.
2)Tracking the visit, reporting on visitors only in the aggregate and then only as an attribute of the visit. Google Analytics is an example.

Is a web-site not like a private business where owner's are entitled to use cc cameras to track the individual's image (PII).

Notification and opt-out for the former is a no-brainer.

Notification for the latter is to be encouraged and its even good for business. I submit that here, opt-out is going too far.

The problem with opt-out in the absence of PII is that we would have to change web-logs and even TCP/IP which relies on the disclosure of IP addresses.

Perhaps the answer is in education and the promotion of the 2nd type of tracking as being mutually beneficial in that it helps website owners deliver what visitors want.

Brian Katz - VKI Studios

[Jim Sterne]

Thanks for your comment Brian -

We can talk about two kinds of tracking in our clubhouse all we want - and we should! But as soon as we try to explain good cookies and bad cookies to , say, my mother, we have lost the war.

All WA tools track to the individual IP address. That's how they work. They may *report* at more and more aggregate levels, but they are recording IP addresses which the EU is starting to look at as PII.

It is our responsibility as markers to create and offer sufficient value that visitors will want to register or want to have a cookie. Discounts, access to white papers, their name in lights - whatever it take.

All Amazon had to offer me was notification of new books written by Neal Stephenson for me to gladly hand over my email address. It only takes the odd book recommendation for me to be the willing recipient of an Amazonian cookie.

[Brian Katz]

Hi (again!) Jim

I've been doing some more thinking about this.

I feel we need to evangelize not only the innocuous nature of Web Analytics tracking but its benefits to the browsing public. Where the tracking is not innocuous, may the laws require opt-in or warnings.

I've evangelized in my post @
http://blog.vkistudios.com/index.cfm/2009/2/23/Web-Analytics-Tracking-Website-Visitors-is-democratic.
I would value your comments.

Thanks
Brian Katz - VKI