New Law Requires Sites To Have 'Explicit Consent' Before Tracking

Europe is cracking down on websites that monitor visitors' browsing activities.

Starting May 25, a controversial new European law will require sites to obtain "explicit consent" from users before issuing cookies, the BBC reports. The measure is part of the EU's e-Privacy directive (PDF), which aims to inform consumers about behavioral advertising and encourage their participation.

Tracking cookies are designed to help sites tailor content (including ads) based on users' preferences. While these files can make browsing more convenient for users, they raise questions about consumers' privacy online.

"The new [do-not-track] measures are likely to be celebrated as a victory for anyone who doesn't want records to be kept of every time they visit a site and of which pages they view," writes New Scientist. For example, cookie restrictions would ease fears about stored usernames and passwords.

On the other hand, the BBC suggests that advertisers may fall back on pop-up ads if sites begin to adopt tough restraints.

Some experts argue that a strictly enforced opt-out policy could result in more harm than good. Peter Gooch, privacy expert for Deloitte, told The Guardian that a hard-line policy is not likely because it could cripple the EU's Internet commerce. TechCrunch Europe also criticized the new rule: "As if European startups weren’t already at a notional disadvantage in addressing smaller markets, having access to less venture capital and being geographically spread out, a new EU-wide law proposes to hobble its innovation companies by slapping big privacy warning signs all over their sites."

So what kind of changes can consumers expect to see? "For targeted display advertising on websites based upon people's inferred interests and preferences, [the] industry is developing a pan-European approach, which will introduce an ‘icon' in every display ad that uses this technique," Nick Stringer of the Internet Advertising Bureau explained to The Guardian. "[It's] like the re-cycling logo we all know, it will be recognisable to users and -- with one click -- they will be able to find out more information and manage their preferences."

Late last year, the U.S. Federal Trade Commission proposed a "do not track" system that aims to grant consumers more control over how they are monitored online by advertisers.

Meanwhile, both Google Chrome and Firefox are developing automatic in-browser opt-out tools.

Comments

[Johann Q]

10:52 AM on 03/11/2011

Pop-up Ads? Bring it on! Nothing easier to block and nothing turning away traffic (from the people that are not savvy enough to block) then that.

Advertising is not a sustainable core business model on the web, for pretty much any site. There are very few exceptions.

[fidlerja1]

01:39 PM on 03/10/2011

Isn't it odd that we used to celebrate 15 minutes of fame, where now many people celebrate 15 minutes of privacy? Ringleader CRO Brad Blanken wrote on this yesterday: http://www.ringleaderdigital.com/15-minutes-of-privacy

[geekforhireinc]

12:59 PM on 03/10/2011

I'd like to add to my post below, on why preventing JavaScript from automatically running is a good thing, and how to configure the very effective JavaScript interceptor known as NoScript.

One of the most common ways that a computer gets infected today is by you going to a website, which will probe your browser to determine what you are using. The friendly reason to do this is so that they can correctly form the web page so it looks right for the browser you are using. The unfriendly reason is to determine which published weakness to use for injecting an infection into your computer through the browser. The advertising reason is to track and form an opinion about you.

6) Configure NoScript to eliminate many of the default sites which are on it's Whitelist, such as google-analytics.com - which is insidious on the volume of data that it tracks.
a) Mouse to the "S with the red slashed circle", located in the lower right corner of the browser, go up to Options, then click.
b) Click on the Whitelist tab. See the list of websites which NoScript has predesignated as OK to run JavaScript.
c) Highlight everything except the ones which start with "about:", and delete them.
d) Save the changes.

This way, you will explicitly prevent JavaScript from automatically being allowed to run for all websites, and you will need to begin the process of growing the list of your own list of permanently Whitelisted websites.

[Peace Walker]

12:04 PM on 03/10/2011

And this is controversial why? Because the Republicans want to make it so, because anything that prevents the rampant exploitation of people by corporations is "controversial"?

[Blackwing]

11:54 AM on 03/10/2011

Where's the controversy? This is good.

[geekforhireinc]

09:43 AM on 03/10/2011

If you want to address the problem directly, do this:

1) Download the latest and greatest version of the FireFox web browser, from here:
"www.getfirefox.com"

2) Do a google search to download and install the add-ins: "adblock plus", "better privacy", and if you want fine contol over the running of JavaScript get "noscript" (highly recommended, but is not for everyone).

3) Configure Better Privacy to not ask you what to do whenever FireFox exits:
Tools -> BetterPrivacy, Options&Help tab, clear the check next to "Always ask".

3) Configure Better Privacy to automatically delete tracking cookies. On the same page as above, put checks in the following boxes:
a) Delete Flash cookies on application start
b) Delete Flash cookies by timer
c) Also delete Flashplayer default cookie
d) On cookie deletion also delete empty cookie folder
e) Disable Ping Tracking

f) Rember to click on the OK button to save the changes!

5) Download and install "Spybot Search and Destroy". Configure the following:
a) Update.
b) Immunize. (this will add a large list of 127.0.0.1 loopback IP address to the hosts file, that will prevent many advertising websites from even being accessed)

Do this, and you will solve most of your tracking issues, and you won't have to wait for someone else to pass a law that can't possibly be enforced in an Internet that cannot be federalized.

[JScott]

10:39 AM on 03/10/2011

so does stuff on websites still work or will it deny access and get message that 'such and such
does not work because ....is not installed etc.

[Mar23]

10:59 AM on 03/10/2011

Can you choose to get cookies from sites that you like and feel are benign?

[geekforhireinc]

12:01 PM on 03/10/2011

The intent of Adblock Plus is to prevent advertising images from being accessed by the browser. It's pretty effective in preventing the visual garbage from being displayed, and reduces the roughly 10% consumption of your internet bandwidth and your CPU utilization that the advertising imposes.

Better Privacy prevents the retention of something called "Super Cookies", which are like regular cookies, in that they serve to uniquely identify you without personally identifying you, but they are stored in a different location that doesn't get automatically cleared when you configure your browser to clear cookies when the browser exits. This solves that.

NoScript is the most invasive, and it will prevent some websites and features from working, which is why I don't recommend it for everyone. There is a Temporary Allow feature which will allow JavaScript to work when it comes from a specific web site which you trust, which will go away after you exit the browser. You can also permanently Allow if you actually trust the website. For example, YouTube will not work without JavaScript enabled, so I'll temporarily allow it when I specifically want to see a video, so that their videos don't automatically start to load and play when I open a new page.

[French Toast]

02:00 AM on 03/10/2011

I bet all of the people who think it's controversial are shady tracking companies.

Great idea.

[Rowena Keefe]

01:20 AM on 03/10/2011

Thank you. Finally.

This isn't just a privacy issue, it's a major safety issue. It is a matter of user confidence in their browsing experience.

[realitytrumpsbull]

10:29 PM on 03/09/2011

I read that basically, a website can pretty much interrogate any computer that connects to it, and depending on security settings, can pretty much start downloading the contents of your hard drive, either selectively, or full-bore and indiscriminately. I think if you're REALLY concerned about network security, then, don't connect to the network. You figure there's people on the other end with friends on different continents, college degrees, and nothing to do all day but drink Slurpees and hack into other people's computers, and then they get jobs for companies like Symantec or something. 

Once Upon A Time, the big concern was Big Brother or somebody listening to your phone calls, eavesdropping, and stealing your business information or whatever went on there, you figure that the www. just has more spiesspiesspies, and they hack other people's websites, and use them as phishing instruments, or they're hacking databases or just doing the distributed computing thing and stealing clock cycles, or stealing user's account info and and and. It's the Information Age, who has yours, and what are they doing with it, as we speak? Hmmm...

[Rowena Keefe]

01:23 AM on 03/10/2011

You're right of course, if you want to know you're safe, just don't log on.. I'm an idealist though, it's nice to think that our society can try and do its best not to descend into total anarchy :/