Yesterday, Microsoft announced that users of Windows 8 and Internet Explorer 10 will have a “first run” option to disable the default “Do Not Track” privacy setting.  A first run option occurs during the software set-up process.  If users take no action, the DNT setting will be enabled by default.

Shortly after the Federal Trade Commission first began calling for the creation of DNT mechanisms in a December 2010 preliminary staff report, Protecting Consumer Privacy in an Era of Rapid Change, Microsoft and other browser providers have announced a number of different DNT solutions.  The FTC’s March 2012 report on consumer privacy praised the efforts of browser vendors and other industry groups to develop DNT mechanisms.  The FTC has said that it will continue to work with industry groups to complete implementation of a DNT system that is universal, easy to use, persistent, enforceable, and that allows consumers to opt out of the collection of behavioral data for all purposes (other than expected contextual uses).