Friday, February 10, 2012

More Agencies Use Cookies To Track Web Activity

March 16, 2010

Some federal departments have obtained waivers to sidestep a long-standing policy that bars government Web sites from tracking visitor activity on the Internet, Nextgov.com reported.

In 2000, the Office of Management and Budget issued a federal policy banning the use of persistent cookies, files that a Web site deposits on a user's computer to collect information about how the visitor navigates the site to provide more personal interaction. The policy was established to protect personal privacy. But critics argue that it hinders the government's ability to provide richer online experiences for the public and stymies efforts to solicit and respond to what the public wants, noting commercial sites routinely employ cookies to enhance their public outreach.

Even civil liberties advocates favor the use of agency cookies as long as they allow visitors to opt-out and do not collect personally identifiable information. White House officials began considering a new cookie framework last summer, but they have not instituted changes yet. Some Obama administration officials and many open government activists have urged OMB to rewrite the policy so Web managers can tailor agency sites to visitors' preferences and conduct other traffic analysis that the public now typically expects from private sector sites.

In the meantime, some departments, including the General Services Administration and NASA, have used a little-noticed provision in the original cookie policy that allows agency heads to authorize the use of the tracking technologies if they have a "compelling need." OMB is not required to sign off on the waivers, nor are agencies required to tell OMB if managers have granted waivers.

Ari Schwartz, vice president and chief operating officer at the Center for Democracy and Technology, said his group has met with OMB officials to retool the online tracking policy under the rubric of open government. CDT is one of the civil liberties organizations that supports federal cookies within limits, though Schwartz said his group has concerns about the current waiver provision. "If we stick to this waiver policy, over time it's going to deteriorate. ... It won't be based on whether privacy threats have been addressed but will be based on how quickly an agency can get approval from a senior official," he said. To read more, click here.

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Juliana Gruenwald

Tech Writer

E-Mail: jgruenwald@nationaljournal.com.


Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


Josh Smith

Tech Reporter

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.