Comments on: E-Gov 2.0 in Action http://blog.cdt.org/2009/01/22/e-gov-20-in-action/ Digital Policy in Process Fri, 16 Oct 2009 17:02:16 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Alissa Cooper http://blog.cdt.org/2009/01/22/e-gov-20-in-action/comment-page-1/#comment-17963 Alissa Cooper Fri, 23 Jan 2009 16:49:31 +0000 http://blog.cdt.org/?p=759#comment-17963 I would argue that the issue of whether a web beacon is used in conjunction with a persistent cookie is irrelevant given the way that federal guidance on the issue is written. The most recent <a href="http://www.whitehouse.gov/omb/memoranda/m03-22.aspx" rel="nofollow">guidelines</a> state that "agencies are prohibited from using persistent cookies or any other means (e.g., web beacons) to track visitors’ activity on the Internet" unless the agencies meet four conditions: they provide clear and conspicuous notice of the use of the tracking technology; they demonstrate a compelling need to use the tracking technology; they publicly disclose the privacy safeguards in place for handling any information derived from the use of the tracking technology; and they obtain personal approval for the use of the tracking technology by the head of the agency. I take this to mean that web beacons cannot be used unless federal agencies meet all four conditions. The WebTrends web beacon currently in use on WhiteHouse.gov does not cause a persistent cookie to be set, but to my mind its use by the White House must still be governed by the four conditions, none of which appear to have been met. Other federal agencies using web beacons should be held to the same standard. As far as the YouTube cookies go, they may be the first third-party persistent cookies that this White House has decided to use, but they are not likely to be the last. That's why we <a href="http://blog.cdt.org/2009/01/09/a-new-cookie-policy-for-e-gov-20-part-2/" rel="nofollow">suggested</a> updates to federal policy that would provide consumers with control over their privacy while still allowing federal Web sites to take full advantage of Web 2.0. I would argue that the issue of whether a web beacon is used in conjunction with a persistent cookie is irrelevant given the way that federal guidance on the issue is written. The most recent guidelines state that “agencies are prohibited from using persistent cookies or any other means (e.g., web beacons) to track visitors’ activity on the Internet” unless the agencies meet four conditions: they provide clear and conspicuous notice of the use of the tracking technology; they demonstrate a compelling need to use the tracking technology; they publicly disclose the privacy safeguards in place for handling any information derived from the use of the tracking technology; and they obtain personal approval for the use of the tracking technology by the head of the agency. I take this to mean that web beacons cannot be used unless federal agencies meet all four conditions. The WebTrends web beacon currently in use on WhiteHouse.gov does not cause a persistent cookie to be set, but to my mind its use by the White House must still be governed by the four conditions, none of which appear to have been met. Other federal agencies using web beacons should be held to the same standard.

As far as the YouTube cookies go, they may be the first third-party persistent cookies that this White House has decided to use, but they are not likely to be the last. That’s why we suggested updates to federal policy that would provide consumers with control over their privacy while still allowing federal Web sites to take full advantage of Web 2.0.

]]> By: Jeff K http://blog.cdt.org/2009/01/22/e-gov-20-in-action/comment-page-1/#comment-17945 Jeff K Fri, 23 Jan 2009 00:23:41 +0000 http://blog.cdt.org/?p=759#comment-17945 You are incorrect and misinformed on this matter. Whitehouse.gov and many other Federal websites have had the webtrend's code for several years now. By Federal guidelines, the system can only implement web analytics or similar site-side visitor behavior systems with a session-cookie. That means after the visitor has left the site (or timed-out) the cookie that is used to collect anonymous data is deleted. Lastly, tools like Webtrends, Google Analytics and others cannot be "tracked across the Web at large" regarding the persistent cookie. That is very specific to the use of YouTube. You are incorrect and misinformed on this matter.

Whitehouse.gov and many other Federal websites have had the webtrend’s code for several years now. By Federal guidelines, the system can only implement web analytics or similar site-side visitor behavior systems with a session-cookie. That means after the visitor has left the site (or timed-out) the cookie that is used to collect anonymous data is deleted. Lastly, tools like Webtrends, Google Analytics and others cannot be “tracked across the Web at large”

regarding the persistent cookie. That is very specific to the use of YouTube.

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