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Enforcement entity viability #64

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jwrosewell opened this issue Sep 6, 2021 · 0 comments
Open

Enforcement entity viability #64

jwrosewell opened this issue Sep 6, 2021 · 0 comments

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@jwrosewell
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Any enforcement entity will have the ability to severally disrupt businesses that operate First Party Sets that are are found to be in violation of the rules. Even if they exercise their role with care they are likely to face legal challenge at some point by the operator of a First Party Set that is found to be violating the rules. The enforcement entity will need a source of funds for legal costs and potential damages.

Consider a large trillion dollar market cap. corporation which operates First Party Sets and is ruled to be in violation of the rules. The damages associated with wrongful enforcement could run into hundreds of billions of dollars. The legal process is likely to take many years to complete and there will be issues over jurisdiction considering First Party Sets do not require entities to enter into contracts with the enforcement entity. Is such an enforcement entity viable in practice?

dmarti added a commit to dmarti/first-party-sets that referenced this issue Jan 13, 2022
Add IEE role in surveys of users to check that they understand
common identity.

(It would be impractical to leave this to the browser and site
author, especially in cases where the browser and site author
have a business relationship that would be influenced by FPS
validity or invalidity.)

Refs WICG#43 WICG#48 WICG#64 WICG#76
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