As the Cookies Crumble: Federal Web Restrictions outdated, says report

Persistent cookies have been a perennial policy problem for government web sites.  Privacy concerns drove early policy positions that prohibited or restricted the use of persistent cookies -- small bits of code stored on the user's computer that allows visited web sites to remember you -- on government sites.  (Session cookies expire when the browser is closed, so they were generally exempt from the restrictions.)

A new report from the Information Technology and Innovation Foundation (ITIF) says the old cookie policies have become stale, and deserve a fresh look and a new recipe.  Author Daniel Castro sees an opportunity for the new administration to demonstrate its commitment to transparency by giving persistent cookies a legitimate place on the federal web site menu.  Among his recommendations:

• The Federal CIO should direct OMB to allow the use of persistent cookies on government websites.
• In addition, OMB should be instructed to publish regularly updated guidelines outlining permitted uses of persistent cookies and guidance on best practices, such as specifying the maximum lifespan of persistent cookies.
• The Federal CIO should also work to standardize the language used in website privacy policies across government agencies.

The ITIF has earned a reputation for working through intractable issues, most notably in divining a reasonable path forward on the complex and tricky issues related to broadband.  That same sensibility has now been brought to bear on cookies. 

Castro writes that persistent cookies provide another example of the perils of naming specific technologies in policy, noting:

"... citizens now have tools to ensure that online interactions with government occur on their own terms. Rather than restrict specific technology such as cookies, government regulations should instead focus on protecting civil liberties through continued government oversight on the collection and use of personally identifiable information."

If cookies are comfort food in the real world, a ban on persistent cookies is comforting for policy makers insofar as restrictions prevent bad things from happening.  Castro's point is that the restrictions also prevent from good thing from happening.