Federal CIO Vivek Kundra proposes removing the ban on placing tracking cookies on federal Websites and instead adopting a policy of using cookies to provide better customer service and allow for enhanced Web analytics.The Obama administration is considering reversing a nine-year ban on the use
of tracking cookies on federal Websites. In a July 27 Federal Register notice,
the White House Office of Management and Budget said the administration is
considering a three-tiered approach to the use of tracking cookies.
"The goal of this review is for the federal government to continue to
protect the privacy of people who visit federal government Websites while at
the same time making these Websites more user-friendly, providing better
customer service and allowing for enhanced Web analytics," the notice
stated.
Since 2000, the government's policy on tracking cookies has been to simply ban
the use of them. Under the proposed new policy, cookies would not be used at
federal Websitesor by contractors when operating Websites on behalf of
agenciesunless the site posts clear and conspicuous notice of the use of
cookies and the following conditions are met: a compelling need to gather the
data on the site; appropriate and publicly disclosed privacy safeguards for
handling of information derived from cookies; and personal approval by the head
of the agency.
"This past June, we blogged
about ways to enhance citizen participation in government through basic policy
changes, including revisions to the current policy on Web-tracking
technologies. We heard a lot of informal comments on that blog, so we decided
to pursue the more formal comment route through the Federal Register,"
Federal CIO Vivek Kundra blogged July 24 on
the White House's Office
of Science and Technology Policy Website.
Kundra further noted, "Cookies have become a staple of most commercial Websites,
with widespread public acceptance of their use. For example, every time you use
a 'shopping cart' at an online store, or have a Website remember customized
settings and preferences, cookies are being used."
According to Kundra's blog, the proposed three-tier government approach to
using cookies would involve: (1.) "Single-session technologies, which
track users over a single session and do not maintain tracking data over
multiple sessions or visits;" (2.) "multisession technologies for use
in analytics, which track users over multiple sessions purely to gather data to
analyze Web traffic statistics;" and (3.) "multisession technologies
for use as persistent identifiers, which track users over multiple visits with
the intent of remembering data, settings or preferences unique to that visitor
for purposes beyond what is needed for Web analytics."
"We expect that there would be more stringent restrictions or review of
the technologies within the tiers that might have higher privacy risks,"
Kundra wrote.
The OMB is seeking public comments on, among other things, "acceptable
use and restrictions of each tier" and the "applicability and scope
of such a framework on federal agency use of third-party applications or Websites."