First off, I needed to know what domain and from what sites the AP cookies are set. It turns out that the service relies on the hNews microformat, and a quick google brought me to The Aspen Times. If you have a look at the source for Aspen News, you'll see some content loaded from analytics.apnewsregistry.com and apnewsregistry.com. Since "analytics" seemed to be the most likely tracking source, I made two simple HTTP requests to the URL referenced in a news story, one with the DNT header, and one without.
$ nc analytics.apnewsregistry.com 80
GET http://analytics.apnewsregistry.com/[snip] HTTP/1.1
Host: analytics.apnewsregistry.com
HTTP/1.0 303 See Other
Set-Cookie: ASP.NET_SessionId=lwymgdbt4u5go3e55al1uxwc; path=/; HttpOnly
[snip]
With DNT:
$ nc analytics.apnewsregistry.com 80
GET http://analytics.apnewsregistry.com/[snip] HTTP/1.1
Host: analytics.apnewsregistry.com
DNT: 1
HTTP/1.0 303 See Other
Set-Cookie: ASP.NET_SessionId=vy1r33ambeja03fev4e1ognw; path=/; HttpOnly
[snip]
In both cases, you can see a unique session cookie is being set. That didn't seem right. So I set up a brand new Firefox 4 profile, hit aspen news, then checked the cookies. Without DNT I saw the following cookies related to apnewsregistry:
I then set the DNT option under Preferences -> Advanced -> General -> "Tell websites I do not want to be tracked", and saw the following cookies get set:
This tells me that it's not the analytics site, but the other which is affected by the DNT header.
Does this mean the AP News Registry conforms to the intention of Do Not Track? The answer is that we have no idea. They're still dropping a unique identifier, even with DNT set. Even if they weren't dropping any, the combination of other browser attributes could prove unique enough. In the end, someone would need to perform a code review of their server-side code to make sure the unique identifiers aren't being used for tracking.
This is important, because that's the primary intention of DNT. To quote Harlan Yu when asked about this issue:
Of course, Do Not Track needs a regulatory framework with effective enforcement mechanisms. This is the ongoing policy debate in Washington, whether Congress should give the FTC authority to define and enforce DNT regulations and what these regulation look like.
But enforcement is going to be very hard if situations like the above are allowed to persist. Do Not Track needs to result in no cookies or other unique identifiers being set on the client side and an independent audit of the tracker's server side code for it to be a meaningful label that can be meaningfully "breached".
In short, I'm not saying DNT is useless, just that implemented as AP News has done it, is equivalent to an unverifiable promise. In the end, it is my belief that we need to rely on technical means *first* for provable privacy, and let ideas like DNT provide a *secondary* legislative mechanism.
In the meantime, DomCorp will be offering free "DNT audits", just send me all your codez and passwords :)