Cookie Law Conundrum: Do you know what your webmaster is busy baking?
Cookie Law Conundrum: Do you know what your webmaster is busy baking?
Karma. I may have been a scoundrel in a
previous lifetime. As penance, I voluntarily reviewed ten webpage privacy
statements from five prestigious law firms, four somewhat intrusive social
media organizations, and one highly regarded national magazine for lawyers in
Canada. Did I say well written? That too.
Cookie policies range from the buried deep
within the privacy cookie jar to the flashing K-mart end of aisle cookie sale. Cookies
refer to the little crumbs of text file code that websites place on users’ browsers
that land on the organization’s webpage. These cookies do not contain any
coding themselves, so they cannot transfer any viruses or other types of
malware. But like real cookie packaging, you must read to the bottom of the
ingredient list to determine what your system ingests.
Cookies come in two major flavors. Session
cookies store information about user page activities so that users can easily pick
up where they left off. Think of them as celery cookies. Light and
non-fattening.
Compare these to persistent cookies which
store user preferences. These websites allow the user to customize how information
presents itself through site layouts or themes. These more fatty chocolate
laden type of cookies adhere to the fatty midsection of your browser.
Cookies cannot be executed nor are they
self-executing, but like real cookies, they can be insidious. Or at least the information on them can be
used maliciously. Similar to your personal profile, your browser history can
show where you have been and what you have been consuming.
The cookie continuum provides a range of
uses for various organizations. The
responsible and ethical approach entails clear descriptions of how cookies are
deployed on their site. The privacy policy for the various law firms are
conservative and straightforward. For legally trained individuals at least.
Canadian cookies delight the user. Most websites
track usage, but some of the Canadian sites merely indicate that they ‘may’
attach cookies. This lite approach appears more like a digestive biscuit cookie.
Good for gumming and easy to absorb.
US firms use Twinkie like cookies which look
innocent and light, but the fat and sugar consumed have ‘persistent’ lasting
effects. The cookie policy for one large
law firm broadcasts the use of cookies similar to the exclusion clause you
learned about in law school. Red ink with arrows. Here users see a banner ad at the base of the
webpage warning about cookie usage. The banner clearly states that by using the
website, the individual consents to the use of cookies.
These persistent cookies act like the
classic packman game and capture information such as your operating system,
browser software, IP address, and the full uniform resource locator. They do
then load on the full calorie cookie which allows a number of features such as
accessing secure areas of the website, analyzing information and tracking how
you share content from the law firm website via social media or email, using
sharing buttons provided by AdThis for example. Cookies always extract a cost.
Although the cookie usage seems somewhat invasive,
you may be asking what does the Canada Anti-spam Law say about this. For
certain types of programs, such as cookies, you are considered to have express
consent without requesting it, so you can distribute (attach) cookies to users.
The Facebook Cookie policy portrays a sense
of permanence likened to real cookies laced with trans-fat to extend
shelf-life. Here, cookies provide for authentication, security, and advertising.
The cookies allow Facebook to deliver ads to people who have previously visited
a business’s website, purchased its products or used its apps. Fortunately the
cookies allow Facebook to limit the number of times you see a particular ad.
You can innately appreciate the benefits of seeing ads you would be interested
in, but at some tipping point, the ads can come across as stalking. Do you want
people looking over your shoulder to know what products or services you were
researching the night before?
Cookies help businesses understand the
kinds of people who like their Facebook page or use their apps so that they can
provide more relevant content and develop features that are likely to be
interesting to their customers. Ultimately, cookies help store preferences to provide
customized content and experiences.
This ‘pull’ type of marketing experience benefits
a potential client interested in receiving certain advertisements for relevant products.
Perhaps seeing a sale on litigation services would finally convince that
reluctant client to file that civil lawsuit?
Law firms have room to move up the cookie continuum
to provide a more individualized website experience. Admittedly, clients may prefer
not to open up their browser in a coffee shop and receive updates on the
developing law of criminal fraud, but those showing interests in mergers and
acquisitions may prefer to see a website customized on that basis. Cookies with
sprinkles could be the next big thing.
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