Why the EU Cookie Law is wrong.
blog.madebyhd.us
blog.madebyhd.us
Microsoft would be against, but Google would be happy to oblige ? Seriously ? Google Analytics is probably the most widespread user of tracking cookies out there.
Besides, while I agree that this regulation is very weird, and very hard to justify, saying that it is about governments controlling the web and reducing free speech is something I don't really agree about. By saying that, you put this legislation in the same category as SOPA and friends, which are very different beasts.
Namely, SOPA and related regulations are about the content, while this is about technicalities. This doesn't impose any restrictions on the users, it forces websites to do things differently. Maybe it will put a charge on website creators, but it won't restrict anything. Plus, SOPA is about protecting the rights of non-internet companies, while the Cookie Law is about protecting users against internet companies.
Yes, it's misguided. But, for once, it takes the side of users, and not the side of companies.
Okay, one more time: neither EU Directive 2009/136/EC [1] nor the local laws that implement that directive are specific to cookies. They are worded such that they apply to all mechanisms that involve storage on the client.
Take, for example, the UK Privacy and Electronic Communications Regulations. Regulation 6 of the Privacy and Electronic Communications Regulations 2003 (PECR) [2], after applying the 2011 amendment [3] that includes the changes necessitated by Directive 2009/136/EC, reads:
(1) Subject to paragraph (4), a person shall not store or gain access to
information stored, in the terminal equipment of a subscriber or user
unless the requirements of paragraph (2) are met.
(2) The requirements are that the subscriber or user of that terminal
equipment-
(a) is provided with clear and comprehensive information about the
purposes of the storage of, or access to, that information; and
(b) has given his or her consent.
(3) Where an electronic communications network is used by the same person to
store or access information in the terminal equipment of a subscriber or
user on more than one occasion, it is sufficient for the purposes of
this regulation that the requirements of paragraph (2) are met in
respect of the initial use.
(3A) For the purposes of paragraph (2), consent may be signified by a
subscriber who amends or sets controls on the internet browser which
the subscriber uses or by using another application or programme to
signify consent.
(4) Paragraph (1) shall not apply to the technical storage of, or access to,
information—
(a) for the sole purpose of carrying out the transmission of a
communication over an electronic communications network; or
(b) where such storage or access is strictly necessary for the provision
of an information society service requested by the subscriber or user.
[1]: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2...
[2]: http://www.legislation.gov.uk/uksi/2003/2426/contents/made
[3]: http://www.legislation.gov.uk/uksi/2011/1208/contents/made
With the recent developments in new storage mechanisms
like Local Storage, cookies are no longer needed anymore.
If you don’t update your browser, some of your favorite
sites aren’t going to work.
Second problem here is the fact that it only affects
countries in the EU.
Protect your privacy. See who's tracking your web browsing and block them with Ghostery.