Google, even after addressing privacy problems associated with the White House's use of embedded YouTube videos, is "still calling the shots on federal privacy policy," EPIC argued in an email. GSA's Google contract asserts that the "provider acknowledges that except as expressly set forth in this agreement Google uses persistent cookies in connection with the YouTube video player." It goes on to state: "To the extent any rules or guidelines exist prohibiting the use of persistent cookies in connection with provider content applies to Google, provider expressly waives those rules or guidelines as they may apply to Google."

In the GSA's contract with Yahoo, which owns photo sharing site Flickr, Yahoo acknowledged that the agency was obligated to follow various "laws and regulations," but there is nothing to indicate that Yahoo would be bound by those same laws and regulations, EPIC said. A review of the documents by EPIC's Lillie Coney, who pursued the FOIA request, also revealed a statement on federal policy banning Internet tracking cookies that mentions a waiver and adds that "policy may change." Further, it is unclear whether contracts signed by the GSA complied with the guidance prepared by the agency's general counsel on "GSA's ventures with social media tools," EPIC said.