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Rework retaliation text #458

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@martinthomson martinthomson commented Feb 18, 2025

This doesn't fundamentally change things, but there are a few subtle differences in how this is presented.

  1. It's no longer a single very long sentence.

  2. The word "essential" remains attached to the text about service termination. This remains a pivotal concept here. I expect that reasonable people will continue to disagree with each other about the degree to which certain data is essential in specific cases.

  3. I've included three somewhat general examples of retaliation.


Preview | Diff

This doesn't fundamentally change things, but there are a few subtle
differences in how this is presented.

1. It's no longer a single very long sentence.

2. The word "essential" remains attached to the text about service
   termination.  This remains a pivotal concept here.  I expect that
   reasonable people will continue to disagree with each other about
   the degree to which certain data is essential in specific cases.

3. I've included three somewhat general examples of retaliation.
unrelated feature, by decreasing the quality of the service, or by trying to cajole, badger, or
trick the [=person=] into opting back into the [=processing=].
People should be free to limit the amount of private information they share,
to request that an actor limit the uses of data already shared,
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[=actor=]

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Suggested change
to request that an actor limit the uses of data already shared,
to request that an [=actor=] limit the uses of data already shared,

People should be free to limit the amount of private information they share,
to request that an actor limit the uses of data already shared,
or that data be deleted.
When a person chooses to deny or withdraw their permission to use their data,
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[=person=]

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Suggested change
When a person chooses to deny or withdraw their permission to use their data,
When a [=person=] chooses to deny or withdraw their permission to use their [=data=],

trick the [=person=] into opting back into the [=processing=].
People should be free to limit the amount of private information they share,
to request that an actor limit the uses of data already shared,
or that data be deleted.
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[=data=]

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Suggested change
or that data be deleted.
or that [=data=] be deleted.

retaliation is inappropriate.

It is not retaliation to terminate a service
when data that is essential to the operation of a service is withheld.
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[=data=]

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Suggested change
when data that is essential to the operation of a service is withheld.
when [=data=] that is essential to the operation of a service is withheld.


It is not retaliation to terminate a service
when data that is essential to the operation of a service is withheld.
However, it might be retaliation if withholding data
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[=data=]

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Suggested change
However, it might be retaliation if withholding data
However, it might be retaliation if withholding [=data=]

It is not retaliation to terminate a service
when data that is essential to the operation of a service is withheld.
However, it might be retaliation if withholding data
results in actions unrelated to the use of that data.
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[=data=]

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Suggested change
results in actions unrelated to the use of that data.
results in actions unrelated to the use of that [=data=].

* making the process of withdrawing consent more onerous than granting it;

* using threats, badgering, or trickery ([[?dark-patterns]])
to encourage people to reconsider their choice; and,
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I appreciate the wording and adjusted tone. I believe the original text is more direct on this point. Perhaps a reword to "to encourage people to reconsider their choice and opting back into the [=processing=];"

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I dropped that for two reasons:

  1. brevity
  2. because I think that processing (in the general sense as well as the jargon sense) the wrong emphasis, even if that is what all the legal statutes focus on; collection is for me more important

I don't know that either is more or less direct. The original was narrower, which is a form of directness, I suppose.

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Just for context/clarity due to my W3C position, my comment above is a non-blocking suggestion.

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I'll leave suggestions in place for all the [=blah=] decoration. I didn't include that because I think that all that hyperlinking is distracting, but that's a decision for editors to make (it IS house style though).

unrelated feature, by decreasing the quality of the service, or by trying to cajole, badger, or
trick the [=person=] into opting back into the [=processing=].
People should be free to limit the amount of private information they share,
to request that an actor limit the uses of data already shared,
Copy link
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Suggested change
to request that an actor limit the uses of data already shared,
to request that an [=actor=] limit the uses of data already shared,

trick the [=person=] into opting back into the [=processing=].
People should be free to limit the amount of private information they share,
to request that an actor limit the uses of data already shared,
or that data be deleted.
Copy link
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Suggested change
or that data be deleted.
or that [=data=] be deleted.

People should be free to limit the amount of private information they share,
to request that an actor limit the uses of data already shared,
or that data be deleted.
When a person chooses to deny or withdraw their permission to use their data,
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Suggested change
When a person chooses to deny or withdraw their permission to use their data,
When a [=person=] chooses to deny or withdraw their permission to use their [=data=],

retaliation is inappropriate.

It is not retaliation to terminate a service
when data that is essential to the operation of a service is withheld.
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Suggested change
when data that is essential to the operation of a service is withheld.
when [=data=] that is essential to the operation of a service is withheld.


It is not retaliation to terminate a service
when data that is essential to the operation of a service is withheld.
However, it might be retaliation if withholding data
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Suggested change
However, it might be retaliation if withholding data
However, it might be retaliation if withholding [=data=]

It is not retaliation to terminate a service
when data that is essential to the operation of a service is withheld.
However, it might be retaliation if withholding data
results in actions unrelated to the use of that data.
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Suggested change
results in actions unrelated to the use of that data.
results in actions unrelated to the use of that [=data=].

* making the process of withdrawing consent more onerous than granting it;

* using threats, badgering, or trickery ([[?dark-patterns]])
to encourage people to reconsider their choice; and,
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I dropped that for two reasons:

  1. brevity
  2. because I think that processing (in the general sense as well as the jargon sense) the wrong emphasis, even if that is what all the legal statutes focus on; collection is for me more important

I don't know that either is more or less direct. The original was narrower, which is a form of directness, I suppose.

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