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The remedy is an additional P3P code, "DSA". Any web administrator using DSA in her P3P privacy policy indicates she disavows legal liability for her P3P policy and renders it meaningless.
Using
DSA code, organizations can publish fictitious P3P codes to enable cookies, while nullifying their legal affect. "The P3P language is simply inadequate for writing legal privacy policies, and corporations are foolish to use it for that purpose," said Mr. Wright. "The DSA code allows them to exploit
P3P coding for
technical purpose of deploying cookies, while disclaiming that
codes have any substantive or legal effect."
To provide background and detail, Mr. Wright has written a monograph titled "Disavowing P3P Liability" and made it available for sale at http://www.disavowp3p.com. On request, he will e-mail it free to any journalist.
"P3P is a very complex subject that will catch corporations by surprise," said Doug Peckover, CEO of Demand Engine, Inc., a strategic privacy consulting firm. "Few are even aware of P3P's full implications. They need to read
analysis of a world-class e-commerce lawyer like Ben Wright."
P3P is
Platform for Privacy Preferences, developed under
sponsorship of a non-profit organization named
World Wide Web Consortium (also called W3C) http://www.w3.org/p3p, a coalition of industry and non-profit groups.

Benjamin Wright is founding author of The Law of Electronic Commerce, the world's leading written authority on e-commerce legal issues. The book was originally published in 1990 and has been regularly updated through the years. It is now available from Aspen Law & Business www.aspenpublishers.com in its fully revised fourth edition.