Is it legal and ethical for websites to STORE cookies on our laptops and phones (original) (raw)
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SSRN Electronic Journal, 2009
I n the digital world, a decade is a long time. A decade ago many web sites-both government and commercial-started to use "cookies," small data files stored on a user's computer by a web browser to improve the web user's experience. However, in part from a lack of understanding of this new technology, and because of an outcry by some privacy advocates against the use of cookies, in 1999 the Clinton administration implemented strict limitations on the use of persistent cookies on federal government agency websites. Notwithstanding the fact that cookies are in widespread use on commercial and state and local government websites, this federal policy has seen little change in the past ten years.
Online tracking: Questioning the power of informed consent
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Online Privacy Concerns Associated with Cookies, Flash Cookies, and Web Beacons
Journal of Internet Commerce, 2011
Web-tracking and information-gathering technologies, including cookies, Flash cookies, and Web beacons, offer marketers the opportunity to collect a wealth of consumer information. The purpose of this article is to examine Web users' privacy concerns associated with these tracking technologies. We first describe the capabilities of each of these tracking technologies. We then address whether the use of tracking technologies is an intrusion upon an expectation or right of privacy, within the United States and within the European Union. We conclude by offering directions for future research.
INTERNET COOKIES IN EUROPEAN UNION (EU) LAW Mark Davis, Ph.D in European Union Law, UK
Juris Gradibus, 2023
The present paper attempted to analyze the evolution of the use of internet or HTTP cookies through a more concrete discourse on personal data and national security in the practice of the European Union (EU) law. The analysis is oriented towards the transfer of personal data also outside the EU and above all in the United States. What kind of protection do we have? What are the problems inherent in data transfer? These are some of the topics under examination above all to the persistent critical issues that such a transfer entails the risk of a rejection by the CJEU. The paper ends up with the contributions and critical aspects the new ePrivacy regulation provides for.
2014
JIPITEC 5 (2014) 3 - This article provides a holistic legal analysis of the use of cookies in Online Behavioural Advertising. The current EU legislative framework is outlined in detail, and the legal obligations are examined. Consent and the debates surrounding its implementation form a large portion of the analysis. The article outlines the current difficulties associated with the reliance on this requirement as a condition for the placing and accessing of cookies. Alternatives to this approach are explored, and the implementation of solutions based on the application of the Privacy by Design and Privacy by Default concepts are presented. This discussion involves an analysis of the use of code and, therefore, product architecture to ensure adequate protections.
Your Consent Is Worth 75 Euros A Year - Measurement and Lawfulness of Cookie Paywalls
Proceedings of the 21st Workshop on Privacy in the Electronic Society
Most websites offer their content for free, though this gratuity often comes with a counterpart: personal data is collected to finance these websites by resorting, mostly, to tracking and thus targeted advertising. Cookie walls and paywalls, used to retrieve consent, recently generated interest from EU DPAs and seemed to have grown in popularity. However, they have been overlooked by scholars. We present in this paper 1) the results of an exploratory study conducted on 2800 Central European websites to measure the presence and practices of cookie paywalls, and 2) a framing of their lawfulness amidst the variety of legal decisions and guidelines. CCS CONCEPTS • Security and privacy → Economics of security and privacy; • Information systems → Online advertising.
On Compliance of Cookie Purposes with the Purpose Specification Principle
2020 IEEE European Symposium on Security and Privacy Workshops (EuroS&PW), 2020
The enforcement of the General Data Protection Regulation and the ePrivacy Directive relies upon auditing legal compliance of websites. Data controllers, as part of their accountability and transparency obligations, need to declare the purposes of cookies that they use in their websites. This leads to relevant questions such as: How should purposes be described according to the purpose specification principle? And how to ensure a scalable auditing, enabled by automated means, for legal compliance of cookie purposes?In this paper, we investigate the legal compliance of purposes for 20,218 third-party cookies. Surprisingly, only 12.85% of third-party cookies have a corresponding cookie policy where a cookie is even mentioned. Overall, we find out that purposes declared in cookie policies do not comply with the purpose specification principle in 95% of cases in our automatized audit. Finally, we provide recommendations on standardized specification of purposes following the recent draf...
The recent advances in computing power have increased the power and availability of data collection. Consumers face both advantages and costs due to sharing their data. While the GDPR is widely regarded as the strictest privacy law ever passed, its focus on informational selfdetermination overlooks how people's clicks can be manipulated by dark patterns. This study is an empirical examination of how the design of cookies windows affects the cookies acceptance rates. This work contributes to the academic and policy literature by showing how the GDPR model and its progeny are currently being circumvented. With a sample size of little less than 200 participants, this experimental study found a substantial difference in the cookies acceptance rate of a neutral and a highlighted versions of cookies windows that contained the very same content. From these findings it follows that, to properly protect people's privacy, it is necessary to switch from a formalistic model centered on consent to another that addresses the widespread manipulation of the choice environment.