The Cookie Law (in the UK at least)

oOo--STAR--oOo

  • @Arantor Our greatest weakness lies in giving up. The most certain way to succeed is always to try just one more time
  • Posts: 43
Re: The Cookie Law (in the UK at least)
« Reply #45, on April 21st, 2012, 12:58 AM »
Hmm,

So let me try and understand this some more.
Basically I have to display a notice that says we use cookies and what they do?
Do we have to give that user the option to turn the cookies off and remove them?

On my ISP's website they have at the bottom right of the site
Change cookie settings
with a few icons before it where on hover displays information about the cookies, and what each setting does with the option to turn some off but not all off.

So if I made some tiny icons like this, where on hover ( requires javascript ) even states on there.
but you can still find out the information without javascript.
After looking on the additional info it even states the ICC website so it looks like they are complying with this just by providing this option.

So if I put an icon with basic information of what cookies are applied and what they track, I would be covered?

Simple fact is.. I will have to apply this so I need some help on what todo..
Do they take into account that some users might not even be aware of what cookies the software they use on their website do?


Arantor

  • As powerful as possible, as complex as necessary.
  • Posts: 14,278
Re: The Cookie Law (in the UK at least)
« Reply #46, on April 21st, 2012, 01:29 AM »
Quote
So let me try and understand this some more.
Basically I have to display a notice that says we use cookies and what they do?
No, you have to put up a prompt to users before cookies are used, and ask them for permission *TO* use cookies. Until you receive permission you cannot use cookies in any fashion.
Quote
After looking on the additional info it even states the ICC website so it looks like they are complying with this just by providing this option.
They're not properly complying. Go look at the ICO's website and check your cookies - note that no cookies are set until you agree to them.
Quote
So if I put an icon with basic information of what cookies are applied and what they track, I would be covered?
As has been said many times in this thread, no, you would not be covered. Providing information is not sufficient, you have to seek consent before using cookies.
Quote
Simple fact is.. I will have to apply this so I need some help on what todo..
Do they take into account that some users might not even be aware of what cookies the software they use on their website do?
No, they don't. They figure you will contact the manufacturers of the software you use, i.e. us, or the SMF team or the phpBB team.
When we unite against a common enemy that attacks our ethos, it nurtures group solidarity. Trolls are sensational, yes, but we keep everyone honest. | Game Memorial

oOo--STAR--oOo

  • @Arantor Our greatest weakness lies in giving up. The most certain way to succeed is always to try just one more time
  • Posts: 43
Re: The Cookie Law (in the UK at least)
« Reply #47, on April 21st, 2012, 02:42 AM »
Oo right I been reading this PDF for more information that is UPTO date and issued in April

http://www.international-chamber.co.uk/components/com_wordpress/wp/wp-content/uploads/2012/04/icc_uk_cookie_guide.pdf

It says this about your problem with guest cookies.
Quote
Category 1: strictly
necessary cookies
For those types of cookies that are strictly necessary, no
consent is required
Quote
Generally these cookies will be essential first-party session
cookies, and if persistent or third party, there should be a good
justification for this.
Not all first-party session cookies will fall into the ‘strictly
necessary’ category for the purposes of the legislation. Strictly
necessary cookies will generally be used to store a unique
identifier to manage and identify the user as unique to other
users currently viewing the website, in order to provide a
consistent and accurate service to the user
So I believe that wedge and SMF are covered by these cookies that produce a session ID to individually identify a guest and you do not need permission.
So you don't need to worry about that.

So in effect, strictly necessary cookies like session ID's for guests do not need consent.
Maybe someone can correct me on that.

All the other cookies, such as performance and blah you could put in the registration agreement
So cookies that remember a change on your website like a theme option or what ever.


Another head ache is we use analytic's and have images from photo bucket that some one posted on the home page.
All these are storing cookies on users computers!
Paypal some how have a cookie stored, youtube because there is a youtube video in the shoutbox... Facebook like.
Google plus one.

I imagine all these need users permission.
Man this is giving me a head ache. I mean seriously.

I can see the reason why they are implying these laws, but some of them are stupid.
Like changing a theme layout and storing a cookie you need users permission for a cookie that probably only has the option a, b or c.
Annoying!
What can I do about these 3rd paty cookies that are simply being placed on the website simply because of a donate button, or an image from photobucket, a video from youtube being posted.

Like every person who owns a site in the UK has the time to do all this and research it :(
I really don't understand what to do about all the youtube cookies, paypal or any content that can be on the home page and what not.. Do I have to disable use for guests?

These laws should be put in place for websites that display adverts or sell a product or something..
Not to the standard website owner.. Its just too much effort for us to comply with this.. I mean seriously a lot of effort.
I have spent hours already on this subject alone and not even started to implement it.......... HEAD ACHE...

I really don't wanna waste a hell of alot more time actually implementing this and the thought is like I really don't wanna do it.
But I have to... You know that feeling right.?
1st I dunno how I am going to do it lol.

Rant over SCREW DEM!

Arantor

  • As powerful as possible, as complex as necessary.
  • Posts: 14,278
Re: The Cookie Law (in the UK at least)
« Reply #48, on April 21st, 2012, 03:16 AM »
Quote
So I believe that wedge and SMF are covered by these cookies that produce a session ID to individually identify a guest and you do not need permission.
So you don't need to worry about that.
That's the thing, it IS NOT strictly necessary. It is used strictly for analytical purposes, which is specifically noted as not being covered by that exception. Please, did you actually read the letter I wrote to the ICO discussing all of these things in detail and asking for their guidance?
Quote
So in effect, strictly necessary cookies like session ID's for guests do not need consent.
Maybe someone can correct me on that.
Session cookies for guests are not strictly necessary. I could quite easily remove them and SMF and Wedge would continue to function, albeit with reduced analytics and some very minor reduced functionality. I do not see how I can satisfactorily argue compliance for the session cookie that does not need to exist for most users. Especially with the bug I mentioned which causes the otherwise session cookie to become persistent.

And here's the thing... that session cookie makes no difference to that user in terms of 'consistency' or 'accuracy'. And when pointing out what is actually tied to that session cookie, I suspect the ICO will be less than enthusiastic considering how it is not just a session but contains an IP address, a few details about their computer and what page they have been looking at (which can trivially be turned into a limited form of behavioural tracking)
Quote
All the other cookies, such as performance and blah you could put in the registration agreement
So cookies that remember a change on your website like a theme option or what ever.
-sigh- Yes, as discussed here multiple times, yes as set out in my letter to the ICO, yes and everyone here already knows and has agreed, it's probably covered by the registration agreement, however there should still be a full list of all the cookies actively in use on the site because the user should be provided with the knowledge of what they are agreeing to.
Quote
I imagine all these need users permission.
Man this is giving me a head ache. I mean seriously.
Or if you'd read the discussion here, and noticed how the ICO handles it, it's a single opt-in for *all* site cookies.
Quote
Another head ache is we use analytic's and have images from photo bucket that some one posted on the home page.
All these are storing cookies on users computers!
Paypal some how have a cookie stored, youtube because there is a youtube video in the shoutbox... Facebook like.
Google plus one.
That said, most of the reason for this implementation is to cut back on the cookies used by Facebook, Google etc. that are well known to be used for behavioural tracking to serve you 'more relevant' ads.
Quote
I can see the reason why they are implying these laws, but some of them are stupid.
Like changing a theme layout and storing a cookie you need users permission for a cookie that probably only has the option a, b or c.
Or not, seeing how it's tied to the user account and not through a cookie most of the time.
Quote
What can I do about these 3rd paty cookies that are simply being placed on the website simply because of a donate button, or an image from photobucket, a video from youtube being posted.
Do what the ICO does.
Quote
Like every person who owns a site in the UK has the time to do all this and research it :(
If you want to run a website, yes, you have to research it, or pay someone who knows about it. Just as you can't randomly just set up a business or non-profit organisation, you have to go through the correct channels.
Quote
I really don't understand what to do about all the youtube cookies, paypal or any content that can be on the home page and what not.. Do I have to disable use for guests?
It would really help if you started by reading what's been posted. The ICO does some of these things, since they even have Google Analytics on their site.
Quote
These laws should be put in place for websites that display adverts or sell a product or something..
Not to the standard website owner.. Its just too much effort for us to comply with this.. I mean seriously a lot of effort.
I have spent hours already on this subject alone and not even started to implement it.......... HEAD ACHE...
This is half the problem. Most of the existing legislature doesn't work online. That said, boo frickedy hoo about how hard it is: if you want to run a website, you should check the local laws before you do so, simple as that. You're the site owner, it is your responsibility to be compliant with the laws as they stand, and no amount of complaining about how much it sucks is going to change that.

The thing is, the type of website must not matter. If you draft something where only 'displaying adverts' or 'selling a product' is cause for being overseen, what about non-profit organisations? What about review sites? Aggregators who collate and republish others' content? Where does the line end? Answer: it doesn't, and there is no consistent way it can be done other than applying it to everyone.
Quote
I really don't wanna waste a hell of alot more time actually implementing this and the thought is like I really don't wanna do it.
But I have to... You know that feeling right.?
1st I dunno how I am going to do it lol.
How do you think I feel? I have to take this into account in all its forms for Wedge users.

oOo--STAR--oOo

  • @Arantor Our greatest weakness lies in giving up. The most certain way to succeed is always to try just one more time
  • Posts: 43
Re: The Cookie Law (in the UK at least)
« Reply #49, on April 21st, 2012, 05:27 AM »
This is why I like Arantor. You take your time out to reply, and educate + 1
You got skillz bro.. You will get rich one day doing this!
I just viewed that website and man that looks so easy how they have done it.
Only thing is stopping these cookies from my site being stored for guests GRRRR.
Especially those from 3rd party websites, like facebook, google, youtube.. Grrr I hate them now!

I do have a template theme changer that is open to guests, I can just display that to members only.
Put in the registration agreement that they allow all cookies and *hope* SMF do something about guest cookies.
Also need a page that displays each cookie and what that cookie does. Well there is only 3 cookies I made myself.
Which I can explain simply as they are only
Category 3: functionality  cookies
For things like the Shoutbox remembering which chat channel you are in and the theme changer lol.
Still my problem with 3rd party cookies unless they sort that out them selves.
That would mean minimal work for me XDDDDDDDDDDDDD

Last one is analytic's, meh. What's the point in having it on the forums when you can't allow guests lol.
I mean as if a guest is really gonna OPT IN.. I wouldn't lol.
Guess I will remove that. I don't even use it anyway to be honest.
Will probably improve the speed of the website as well XD.

I thank you guys for making me aware of this as I seriously would never of known.
I spoken to alot of friends UK also.. They had no idea either..
Shocking heh.


markham

  • Finally finished the Slideshow... phew!
  • Posts: 138
Re: The Cookie Law (in the UK at least)
« Reply #50, on April 21st, 2012, 07:33 AM »Last edited on April 21st, 2012, 10:01 AM
Quote from oOo--STAR--oOo on April 21st, 2012, 05:27 AM
This is why I like Arantor. You take your time out to reply, and educate + 1
Oh he's earned more than +1 from me as he seems to be the only Forum software developer who has not only taken time to research this (and other legal implications) but has demonstrated a genuine willingness to implement a decent solution.
Quote
Put in the registration agreement that they allow all cookies and *hope* SMF do something about guest cookies.
You can hope and you can pray but whatever you do, don't hold your breath! Here's the solution that a (former?) SMF project person has suggested:
Quote
  • Move your forum to a sub-directory
  • Put up an entrance page advising of the cookies that will be set.
  • Make a small change on the main SMF index page redirecting anyone who doesn't have an "opt in" cookie set to the entrance page.
  • Require a click-through to get to the new forum location, setting a cookie (which was disclosed on that page!) to prevent SMF from kicking them out.
If you put the check right at the start of the SMF execution path, that should avoid a PHP session from being started.

Oh, this solution also prevents search engines from indexing anything since SMF now requires an "opt in" cookie to even show.

I think that would legally work, although it would probably destroy your site since you wouldn't have any results in search so you'd only get new visitors via direct referral.
So that's the best SMF can suggest - are they serious?!! A Forum with no traffic. Terrific! They are not going to like the response I've just posted and expect I'll be slapped on the face with a wet fish before the day is out.

However, there is another British Forum owner contributing to that same thread and he poses the following:
Quote
In my view the new law actually makes using the internet illegal as your server can not legally read the packet headers which contain informationf from the users terminal without thier prior permission but how can you get that prior permission if you can't reas the headers.
The sad fact is that were things different to what they are today, there would have been an Arantor-authored modification for SMF available by now[1] but like everyone else affected, I will do what I can to be in compliance whilst waiting patiently for Wedge's release.

I've noticed that some ISPs are placing tracking cookies for each web site visited. I wonder what ICO's views on that would be, since such cookies are outside the direct control of the web site owner.
 1. This is simply an observation (and probably a truism!), nothing more than that!

Arantor

  • As powerful as possible, as complex as necessary.
  • Posts: 14,278
Re: The Cookie Law (in the UK at least)
« Reply #51, on April 21st, 2012, 02:33 PM »
Quote
This is why I like Arantor. You take your time out to reply, and educate + 1
I do try, and I do also try not to snap at people who ask for help (but when people who ask for help then throw it back at me because they didn't get the answer they wanted, that pisses me off no end)
Quote
I just viewed that website and man that looks so easy how they have done it.
Only thing is stopping these cookies from my site being stored for guests GRRRR.
But why do guests need to have cookies shoved at them, exactly?
Quote
Put in the registration agreement that they allow all cookies and *hope* SMF do something about guest cookies.
Also need a page that displays each cookie and what that cookie does. Well there is only 3 cookies I made myself.
Pretty much the official line from SMF is that it isn't their problem. I'll come back to that when replying to markham's post, though, because there's a lot more to it than that.
Quote
Which I can explain simply as they are only
Category 3: functionality  cookies
For things like the Shoutbox remembering which chat channel you are in and the theme changer lol.
Still my problem with 3rd party cookies unless they sort that out them selves.
That would mean minimal work for me XDDDDDDDDDDDDD
Depending on implementation it may not be as simple as that, or it may be. Certainly if it is functionality related, you're far more covered but as I understand the wording, you'd have to ask before setting those cookies, because it's up for debate as to whether it's 'required' functionality. A shopping site would not work very well without a cart setup, and as such a cookie there is clearly for required functionality. But for remembering preferences, as I understand it, that's not necessarily defined as 'required'.

This is part of the problem, actually, the guidance from the ICO is very vague and open to interpretation. If in doubt, seek guidance either from the ICO itself or from a separate legal institution.
Quote
Last one is analytic's, meh. What's the point in having it on the forums when you can't allow guests lol.
I mean as if a guest is really gonna OPT IN.. I wouldn't lol.
Guess I will remove that. I don't even use it anyway to be honest.
Will probably improve the speed of the website as well XD.
Well, there's nothing that says you can't allow guests. You just have to be mindful of how you approach it.

But you're exactly right, my very first thought when this was announced is that analytics cookies would be the sort of thing people would not opt-in for. Which is why I was less than thrilled at the way the ICO itself handles Google Analytics, because you can't (easily) opt in to certain cookies and not others. But I figure it will encourage a migration off Google Analytics, which from my perspective is no bad thing.
Quote
I thank you guys for making me aware of this as I seriously would never of known.
I spoken to alot of friends UK also.. They had no idea either..
Shocking heh.
The whole escapade is pretty shocking if you go back and look over the history of it - like so many recent laws, it is implemented by people who do not really understand how the internet works and is going to be abused. I personally think it's going to be withdrawn but because I just can't take the risks attached, I don't see how I can do anything other than look at it properly, as it's not just my own stuff that I have to bear in mind.

Did you know, in fact, that at one point a branch of the German government was using SMF for discussions? I don't see any reason why Wedge won't be able to appeal to that level - but it does of course require that we comply as best we are able (on a generic level) with the legislature out there, and we can take case-by-case matters separately.
Quote
Oh he's earned more than +1 from me as he seems to be the only Forum software developer who has not only taken time to research this (and other legal implications) but has demonstrated a genuine willingness to implement a decent solution.
I'm certainly willing to implement a decent solution, even taking into account my personal reservations about the whole matter - provided that I can get some meaningful information from the ICO. The big problem - as we've seen from pretty much all the forum camps - is that people look at the wording, look at the guidance, and make what is really a prognostication about the way things should be interpreted.

I know pretty much everyone is taking the view that the session cookie is probably OK and that the main cookie issued to members is also probably OK in and of themselves, but I'm not yet satisfied that this view matches the guidance the ICO themselves issue, especially considering that they don't even allow *their* session cookie to be transmitted without this consent.[1]

And if the ICO come back to me and tell me that they're satisfied with the breakdown I've given them of SMF and Wedge cookies, so be it. But I strongly doubt it, and in fact I realised there are more cookies issued by SMF and Wedge than that, but those we can work around or build into the existing systems.
Quote
You can hope and you can pray but whatever you do, don't hold your breath! Here's the solution that a (former?) SMF project person has suggested:
Actually, one of their developers has now issued a mod that should cover the fundamentals. I haven't tried it, but a quick glance at the code suggests two things: one, it'd probably work to prevent cookies being issued and two, it doesn't quite conform, because it doesn't indicate what the cookies in use are or what they do. (Nor can I see any way for mods to register such.)
Quote
However, there is another British Forum owner contributing to that same thread and he poses the following:
And, without being funny, this is why people who are neither technically nor legally qualified to make a judgement should avoid doing so.

His view is incorrect, because the wording of all the related legislature makes it very clear that any transfer of data that is 'strictly required' to function is permitted, and in any case when a user goes to a page themselves, they are the one initiating the transaction of data, and are implicitly giving permission for the bulk of the headers going anyway. (That said, there are privacy implications relating to things like the user-agent.)
Quote
The sad fact is that were things different to what they are today, there would have been an Arantor-authored modification for SMF available by now
It's probably true that were things different, I'd have gotten involved on an SMF modification. It's also probably true that working code would have been available sooner, though there is a work in progress available from the team at this point in time but even then it seems to be issued personally, not under the 'team' as it were.
Quote
I've noticed that some ISPs are placing tracking cookies for each web site visited. I wonder what ICO's views on that would be, since such cookies are outside the direct control of the web site owner.
You as a site owner cannot be held accountable for that since it is not a cookie you are issuing, and it is the ISP who is clearly at fault. If you can identify which ISP it is, take the matter to the ICO as a complaint.
 1. Yes, that's one thing that hasn't exactly been noted by those who've looked around the issue.

markham

  • Finally finished the Slideshow... phew!
  • Posts: 138
Re: The Cookie Law (in the UK at least)
« Reply #52, on April 21st, 2012, 06:45 PM »
Unfortunately neither of the solutions work. That by the-person-whose-name-I-can't-read-let-alone-pronounce didn't work at all. The second one, by Emanuele, isn't preventing the PHPSESSID (ie visitors) cookie from being set.

Arantor

  • As powerful as possible, as complex as necessary.
  • Posts: 14,278
Re: The Cookie Law (in the UK at least)
« Reply #53, on April 21st, 2012, 06:58 PM »
Hmm, I didn't know whether or not it worked or what its gotchas were.

Regarding the one foible mentioned in the thread, there is a note that viewing threads 'should not be permitted' without a cookie. My interpretation of the ICO's directive is that viewing threads would come under the whole 'viewing information' thing and that you'd be able to do that for publicly-visible topics without having to have cookies enabled.

oOo--STAR--oOo

  • @Arantor Our greatest weakness lies in giving up. The most certain way to succeed is always to try just one more time
  • Posts: 43
Re: The Cookie Law (in the UK at least)
« Reply #54, on April 21st, 2012, 10:11 PM »
Quote from markham on April 21st, 2012, 06:45 PM
Unfortunately neither of the solutions work. That by the-person-whose-name-I-can't-read-let-alone-pronounce didn't work at all. The second one, by Emanuele, isn't preventing the PHPSESSID (ie visitors) cookie from being set.
Hey, that was me who tried Emanuele mod.
It did work, I set it up and it disabled cookies for guests until they agreed to use them, using the notice that is placed at the top.
So SMF didn't issue no cookies at all lol.

It says, either agree, login or register to accept the cookie.
Then it places an ecl_ cookie on your computer to verify that you have accepted lol.
I checked and there was no cookie issued to the guest only analytic's and shoutbox, not SMF.
I have un installed it now, as it looks a mess right now lol.

But I believe it does the job, with an extra page that you can click in the notice where all the information will be about the cookies.
Nothing on it as of yet lol.

Arantor

  • As powerful as possible, as complex as necessary.
  • Posts: 14,278
Re: The Cookie Law (in the UK at least)
« Reply #55, on April 21st, 2012, 10:33 PM »
One thing I will add... actually... there is an interesting point to be made here. Complying with the law as it seems to be, that means we can't issue the PHPSESSID cookie without permission. That means search engines won't give consent, and thus we don't have to worry about PHPSESSID for non-guests.

In *that* case, yes, we lose the accuracy of the 'number of online guests', but we actually gain performance and speed and stop having any PHPSESSID/SEO issues again ever to have to deal with.

From my perspective, I'm increasingly considering that a viable option - though I do note there is an exemption in there for cookies used for performance and tracking the number of users to balance load, and it's possible to argue that one with PHPSESSID. Until I get some guidance from the ICO, though, this is all largely hypothetical.

oOo--STAR--oOo

  • @Arantor Our greatest weakness lies in giving up. The most certain way to succeed is always to try just one more time
  • Posts: 43
Re: The Cookie Law (in the UK at least)
« Reply #56, on April 21st, 2012, 10:46 PM »
Yeah I think it is kind of an argument whether or not you can have these cookies.
Because as it states and I quote
Quote
Not all first-party session cookies will fall into the ‘strictly
necessary’ category for the purposes of the legislation. Strictly
necessary cookies will generally be used to store a unique
identifier to manage and identify the user as unique to other
users currently viewing the website, in order to provide a
consistent and accurate service to the user.
Examples include:
•    Remembering previous actions (e.g. entered text) when
navigating back to a page in the same session.
•    Managing and passing security tokens to different services
within a website to identify the visitor’s status (e.g. logged in
or not)
•    To maintain tokens for the implementation of secure areas of
the website
•    To route customers to specific versions/applications of a
service, such as might be used during a technical migration
Meaning the PHPSESSID really shouldn't be a problem as the whole purpose of the cookie is to track individual guests and uniquely identify them right?
Which is says above is perfectly fine to do so, aslong as its not used for marketing or customer preference, its a forum nothing to sell. So you could probably argue that and win.

Then there is this line.
Quote
Generally these cookies will be essential first-party session
cookies, and if persistent or third party, there should be a good
justification for this
I am not 100% sure, but is the cookie a session cookie, meaning when you close the browser its expired and no longer valid?

As it does lots of database logging on guest actions, if the cookie doesn't actually do this, you could simply adapt that cookie to follow the guide lines on here. Like it says, it is perfectly o.k. to track a unique user as they click through pages.
So if a guest is browsing the forums and clicking through pages, you are going to lose them.

I think the best thing to do, if this doesn't apply is to adapt the cookie to fall directly under these terms.
I think that would be a better way, and would allow tracking to still exist. As in uniquely identify them.

Nao

  • Dadman with a boy
  • Posts: 16,082

oOo--STAR--oOo

  • @Arantor Our greatest weakness lies in giving up. The most certain way to succeed is always to try just one more time
  • Posts: 43
Re: The Cookie Law (in the UK at least)
« Reply #58, on April 21st, 2012, 11:13 PM »
Quote from Nao on April 21st, 2012, 11:03 PM
I still think we should try tracking guests through their ip if feasable ;)
True but wouldn't that lead to a performance issue as you are relying on the database to track guests?

I coded a group channel in the shoutbox using cookies, so its not constantly using the database to check what channel they are in.
Wouldn't be too healthy when you are running at 1sec intervals.

Arantor

  • As powerful as possible, as complex as necessary.
  • Posts: 14,278
Re: The Cookie Law (in the UK at least)
« Reply #59, on April 21st, 2012, 11:14 PM »
Yup, there is a huge argument about it. There are a few things that bug me with respect to SMF/Wedge's implementation, and at this point I am specifically referring to the PHPSESSID cookie, NOT the logged in one.

1. The PHPSESSID cookie is normally a session cookie but due to odd behaviour it can also become a persistent cookie when you actually sign in, and its state becomes somewhat indeterminant at that point too.

2. There is no behaviour in SMF or Wedge that relies on the PHPSESSID cookie for remembering previous actions, no behaviour for managing or passing security tokens, nor maintaining tokens for security or for routing purposes.

3. It does, however, store a unique identifier for that session to identify the user. There are no consistency concerns, no accuracy concerns.

4. Its primary use is to uniquely identify a user for the purposes of seeing how many users are online at once. Because of the fact it is a full session, it also stores things like what user agent the user is reporting and also the URL they are visiting. This does have a concern regarding privacy since we have a uniquely identified session and tracking otherwise personal details.

So, yes, I agree that it does come under the definition of uniquely tracking a user. But there are concerns attached to it because it isn't used for any behaviour other than analytics. This puts it into the category of questionable.

And yes, it is a session cookie, in theory. Practice is somewhat different, though.

The cookie itself doesn't log that information, but it does tie it to a database record which does.
Quote
I think the best thing to do, if this doesn't apply is to adapt the cookie to fall directly under these terms.
I think that would be a better way, and would allow tracking to still exist. As in uniquely identify them.
I think the best thing to do would be for you to stop taking this argument around and around and around in circles. Stop trying to justify something you don't know enough about, please, for the sake of everyone else trying to solve this. You're taking pieces of the advice out of context and trying to apply them to what you think is going on.

The facts remain thus: no matter how much you argue, the PHPSESSID cookie is not compliant based on the terms and wording of the law (as opposed to the layman's interpretation, which you're misquoting and taking out of context). That said, the law's terms are very vague and badly defined, so it's possible that the PHPSESSID cookie could be argued to be compliant but certainly the current implementation DOES NOT COMPLY IN FULL. Stop trying to pretend otherwise.

Now, that's not to say that it can't be made compliant, it certainly can, but some work is required to make that the case.

AND AGAIN: UNTIL WE HAVE A RESPONSE FROM THE ICO, THIS IS ALL HYPOTHETICAL ANYWAY.
Quote from Nao on April 21st, 2012, 11:03 PM
I still think we should try tracking guests through their ip if feasable ;)
It's not entirely feasible, and it is also considered bad faith under the privacy and tracking considerations, which is the entire point of this law in the first place: to protect user privacy.


Do we actually *need* to track unique guests? Do we care how many 'guests' are online at once? Do we care how many 'unique guests' (given that's a figure that we don't really understand nor have any accuracy for) are online at once?

If we do care, we should push for using something like Google Analytics and do it that way (with all the cookie concerns that way), but if we don't care out of the box for 'unique guests', a figure I'm actually not that bothered with anyway, we could ditch it, be compliant out of the box by not using *any* cookies for guests at all, save some DB space by not tracking active numbers of guests as true sessions, make it a little faster by not performing queries for this sort of thing for guests, and just for fun, make it faster by saving bandwidth.

How important, really, is the number of 'maybe unique guests' to us?