Our Thoughts on Web 2.0 Cookie Transparency and Control
June 24th, 2009 by James McDermottWebtrends applauds President Barack Obama’s Administration and its use of Web 2.0 technology to promote the democratic ideals of this nation. More can be done, however, to help citizens better understand the technology that drives Web 2.0 and the privacy controls that can and should be used to protect or limit use of personal information by that technology.
In particular, there is much misunderstood about Web analytics tools such as cookies. Because cookies work behind the scenes, many of the benefits enabled by cookies including enhancing and improving Internet experiences are not fully appreciated. Further, the notion that cookies cannot be used in a manner that respects privacy is no longer valid given the privacy controls that have been developed in recent years. The Obama Administration and the Office of Management and Budget should consider the increased value of these benefits and the privacy advancements made from the time when cookie policies were first drafted as it reevaluates and develops a new policy position on cookies that best enhances the Web 2.0 citizen participation experience.
One of the benefits cookies can deliver in the Web 2.0 environment is increased transparency. Federal sites can now provide a window into site statistics by dynamically displaying to visitors a visual representation of aggregated data generated by even anonymous cookie data. This window into site statistics can act as a very powerful social media tool. By gaining visibility to traffic patterns, for example, visitors to a government site can engage in a process of discovering information such as the states from which other site visitors tend to come and the issues that are top of mind to others in the nation. Through this dynamic learning process facilitated by cookie data, citizens can feel more connected to other visitors of the site, the trends affecting the nation and the governmental process. Federal sites could also use these statistics as illustrations of what cookie technology can be used for and to help visitors have a better concrete understanding of how cookies can be used in a privacy-respectful way.
There are many other traditional ways cookies can be used to benefit citizens in the Web 2.0 environment such as:
- Driving site improvements to save visitors time and frustration in finding the information they need.
- Saving costs to taxpayers by reducing follow-up calls to telephone support or in-person requests at government offices.
- Helping more precisely meet the unique needs of different citizen groups, for example by identifying different online services or assistance sought by people in different districts, counties or states.
- Providing better ways to view and navigate federal sites by identifying the browsers, devices, media formats, and applications visitors prefer to use.
Despite these benefits, the OMB should continue to recognize the potential privacy implications of this technology if not properly used and controlled. In implementing these tools, the Federal government should be held accountable to properly balance the potential privacy impact of use of certain types of cookies versus the potential citizen benefits to determine what type of cookies to use and the type of information tracked. The OMB should also be aware of the many privacy enhancing choices offered by web analytics service providers that help government web administrators greatly reduce these privacy concerns:
- First Party Cookies Although cookies historically have been served by third party services, Federal web administrators can now choose to serve first party cookies using applications residing on their own servers and thereby better control access and use of the data collected from government sites. Citizens benefit because first party cookies will only be delivered by the sites they visit and they will know exactly whom they can contact if they have a problem with a cookie.
- Transparency in Naming and Technology -Avoiding obfuscating naming conventions for cookies and providing clear, concise privacy statements along with readable cookie names and values will provide citizens transparency on the technologies in use and explain how cookies can improve their interaction with the web site.
- Use of Session Cookies Session cookies or temporary cookies that last only as long as a browser session or other set period of time can be used when appropriate and adequate to serve the needs of citizens.
- Anonymization Avoiding use of personal information tied to cookies can help visitors be anonymous. Processes have also been developed that obscure or eliminate IP address and other potential identifiers to further enhance privacy while still allowing for meaningful analytics.
Further, Internet users have many other privacy enhancing controls at their disposal. Now more than ever privacy-concerned individuals can avoid unwanted tracking through widely available browsers, applications and operating system controls that allow blocking and removal of cookies and even blocking of transmission of IP address.
We note that use of persistent cookies and even cookies in the context of identifying information can be appropriate at times. As pointed out by the Center for Democracy and Technology in its PolicyBeta blog the key is user control of the data collected by persistent cookies not banning of the technology altogether.
While others might unreasonably see use of technology as at odds with promoting open dialogue and an open government, this Administration has taken a bold step forward using new media and social networking tools to promote transparency and create a two-way flow of information that is essential to citizen participation needed to create an even stronger democracy. In revisiting its cookie policy, the Administration and the OMB should take similar steps to allow Federal sites to realize the full benefits that cookies can facilitate to deploy a fully modernized Web 2.0 while respecting the privacy of citizens who use and visit those sites.


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