NEWS13 August 2009

Privacy pros and cons aired in White House cookie debate

Data analytics North America

US— White House proposals to lift a ban on the use of cookies on federal government websites have met with a mixed response, with the American Civil Liberties Union (ACLU) warning of a “sea change” in government privacy policy.

ACLU representatives say the organisation “strenuously” opposes the idea, which would allow the use of technologies to track visitors over single and multiple sessions for web analytics purposes, and to remember users’ data, settings and preferences.

Many of the comments submitted in response to the proposal acknowledge the benefits such a move would bring, particularly in terms of helping federal government departments ensure they are providing the right information to citizens in an accessible manner.

While noting concerns over privacy, Jules Polonetsky and Christopher Wolf of The Future of Privacy Forum said: “Using analytics tools to understand how users succeed or fail in accessing content and refining steps to ‘surface’ this content is a valuable public benefit of cookie use.”

But Christopher Calabrese, counsel for the ACLU Technology and Liberty Project, said: “No American should have to sacrifice privacy or risk surveillance in order to access free government information. No policy change should be adopted without wide-ranging debate including information on the restrictions and uses of cookies as well as the impact on privacy.”

Jeff Chester of the Centre for Digital Democracy also expressed concern at the limited nature of the debate, with only two weeks given to comment on the proposal.

“The government’s potential expansion of data collection and profiling on US citizens and residents requires a serious public debate,” said Chester. “While the [proposal] suggests there is ‘widespread public acceptance’ of cookies, it does a disservice by not acknowledging that many polls show that there is deep concern about the myriad of techniques used in behavioural profiling and targeting.”

Federal websites have been prohibited since June 2000 from using certain web-tracking technologies, primarily persistent cookies, because of privacy concerns.

“As with most technologies there is proper use and there is misuse,” said Larry Freed, CEO of online survey firm ForeSee Results. “Examples of misuse should not lead us to the conclusion to restrict the use of the technology, but rather set standards, policies and guidelines across the federal government websites that insure the proper use of the technologies.”

Lending its support for lifting the ban, Web Analytics Association president Alex Langshur said: “it is perfectly within the means of any organisation to unambiguously and comprehensively ensure that the right to privacy is fully protected while at the same time using industry standard measurement and evaluation technologies.”