Wedge

Public area => The Pub => Topic started by: Arantor on April 5th, 2012, 06:55 PM

Title: The Cookie Law (in the UK at least)
Post by: Arantor on April 5th, 2012, 06:55 PM
http://www.theregister.co.uk/2012/04/05/eprivacy_directive_web_analytics/

For those who haven't been following it, essentially this is about cookies and that cookies not being used for 'essential functionality' need to be obtaining permission from the user first.

I'm not quite sure how the hell they intend this to be enforced, but the fact is that site operators in the UK do need to bear this in mind, and any European operator should at least be mindful since it is planned to be rolled out across the EU in some fashion.

Interestingly this was raised some time ago on sm.org, about whether SMF would consider it and I was less than enthused at the response there (since it is a valid matter of concern, just not for them, of course)

The question for us is whether the cookie in Wedge is considered an essential function or not. I'm ignoring the fact that we could just ignore cookies and push the SID via the URL of course, which would be an incredibly bad move, and as far as I'm concerned, I can satisfactorily argue the use of cookies for members as essential functionality - for the security aspect alone.

For guests the matter is a lot more complicated. The cookie there is still the session identifier, but for guests the purpose is merely to indicate uniqueness of session, as a vague form of analytics to figure out how many users are currently on the site (as entirely unique sessions will not do this)

I find the whole concept a bit ridiculous, actually, because as I said you could ignore cookies entirely and still pass all the data between pages internally - but it does essentially exclude Google Analytics, which is of course the point.

This last point does bother me, actually. Firstly, I don't know how it's going to work if I make a plugin of GA, because I don't think it will really pass their rules, and that I'm subject to these rules. Secondly, I have the uncomfortable feeling we're going to start seeing sites that actively demand GA to be running to work, or that they'll run their own full-on analytics.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 5th, 2012, 08:34 PM
What if we use local storage instead :P
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 5th, 2012, 08:46 PM
That would circumvent the 'cookie' aspect of the law, much as pushing the session id into the URL would do so. (And in fact, I have the ominous feeling that's exactly what Google Analytics will do!)

But it doesn't solve the fact that you still have to supply the session id on each request so all you end up doing is having JS pull the session id out of localStorage and serve it up into requests.
Title: Re: The Cookie Law (in the UK at least)
Post by: CJ Jackson on April 5th, 2012, 09:59 PM
What about if the server was in the US?
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 5th, 2012, 10:08 PM
That's a very, very good question. And, of course, one our government has no real answer for - like all the laws made by lawmakers who have no clue whatsoever how the internet actually works.

I think we're supposed to take it as read that as the site operator is based in the EU, EU laws re privacy would actually apply.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 5th, 2012, 10:55 PM
France has strong privacy laws too. All sites are required to register at the CNIL (google it) and print their CNIL ID in their footer.
Did I do that? Nope. Do I care about my user's privacy? Of course I do.
What happen effectively is that they just decided to trust webmasters they wouldn't do anything bad. The CNIL is treating the overall French web community with respect as long as everything's going fine. It's just politics. They can't sue everyone in the uk for not complying.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 5th, 2012, 11:02 PM
No, but users can be reported to the ICO for non-compliance.

As I understand it, this actually potentially runs deeper than CNIL, and to be honest, the ICO is essentially brain-dead when it comes to technology and understanding how it is actually applicable.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 6th, 2012, 07:44 AM
There's a French saying. L'usage fait loi. Users get to make the rules.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 6th, 2012, 10:34 AM
You know I'd be a lot more convinced by our Government seeking to protect our privacy in this way BUT for the fact that it is now monitoring every email we send and receive, knows our browsing habits, records all telephone conversations, keeps copies of our text messages AND, finally, has more CCTV cameras per capita to monitor our movements than any other country on the planet.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 6th, 2012, 01:05 PM
The government is not yet actively monitoring everything, the law has not yet been passed in the UK, though it doesn't seem too far away.

That's the thing, this ruling is not really down to our government but it's actually an EU-wide ruling that is supposed to be adopted by all member states. Note that the UK is one of only two states that has agreed to implement it (and I can't even remember the other)
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 6th, 2012, 06:57 PM
Around 11 months ago, El Reg reported(http://www.theregister.co.uk/2011/05/25/european_commission_cookies_directive/) that almost all EU member states had given a collective "thumbs-down" to the Directive with only Denmark and Estonia being fully signed-up. The UK at that time was only prepared for a partial implementation to which the EU concluded that we Brits had, yet again, fallen short of our legal obligations.

Really and truly the EU should be concentrating on getting its own house in order - Commission accounts that actually pass audit[1] would be nice - rather than forcing through measures that are arguably not needed and certainly don't appear to have much, if any, real support.

In my opinion, it's another daft directive that would be difficult - and therefore expensive - to enforce. The problem is that you and I will be paying for an expensive TV and newspaper advertising campaign to inform the masses about this new law and the Information Commissioner's office will be flooded with complaints. Unless a user either knows how to establish where a particular IP Address points to, or, has something like the Netcraft Toolbar which identifies the host's provider's name and country, he's unlikely to know if a particular site is hosted in the UK (or EU, for that matter). Most of the complaints will be invalid because the hosts are located elsewhere.

I think many web sites will simply update their T&Cs to reflect the new law.

As for Google, it might be able to circumvent the directive since Google.co.uk is hosted in the US!
 1. And that's something the EU Commission has singularly failed to do for around 10+ years: none of its accounts in that time have passed.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 6th, 2012, 07:27 PM
From my perspective, you can call up WHOIS and identify the owner of a domain and their base of operations, which is probably more meaningful than where the host physically is.

Google doesn't get to circumvent it, exactly, if you get a UK site using Google Analytics, they do have to make this declaration.

Though if you do want a laugh, take a look at the ICO's own implementation, http://www.ico.gov.uk/ - especially the privacy policy.

I find it quite disturbing that they're happy with a blanket opt-in which would include Google Analytics.
Title: Re: The Cookie Law (in the UK at least)
Post by: Cryotech on April 12th, 2012, 04:08 AM
I wouldn't get to hung up about it, For one thing, the onus to actually enforce this law will be on both the ISPs and Big Brother and though they'll target a few companies (most likely the competitors of Big Sister - Google), they won't have the funds, nor the man power, to enforce this.

I guarantee it. I was a Federal Officer for 12 years and there's already laws on the books pertaining to this sort of thing even here in the states and the FBI never enforces them unless it's big, headline news that justifies their existence. Much like the DEA's war on drugs. One example is the harvesting of private information for Social Network sites. Most people don't even know it's a federal offense to ask for, or harvest, the private log-in information of users. How many arrests have you heard about in the past year alone? None and there's quite a few would-be, employers now mandating that people hand over Facebook log-in details so they can see what you're doing. I will say this though, now since Facebook has released a statement against this type of practice, the FBI will target a few employers on the behest of FB just to appease the millions of mindless masses and to give FB a gold star.

Secondly, as long as you have it clear within your default terms of service agreement that your software (wedge) implements the usage of cookies for functionality (with details) and not tracking, and reiterate this within the privacy policy (which is site specific actually) and if you create the GA plug-in you make people aware of Google's practices at the time of them downloading it and installing it, you, the creator will be free of any wrong doing caused by any site because you've already made the attempt on your end to obey any, and all, fascist laws of the corporations.

If the site owners decide to break the laws, that will be their responsibility. I, for one, would rather NOT have GA embedded in any software and will refuse to use any software or application that requires or forces me to use anything from Google and there's a lot of people out there that feel the same way and developers know this. That's why they make everything "per choice" meaning, up to the user if they want it or not and the agreement is already in the installation. Will this change in the near-future? Most certainly. As you said Arantor, pretty soon it will be mandated that we all abide by the great and powerful Google and will be forced to use their products whether we want to or not if we want to be on the internet. But there's always ways around this too..

I'm not a conspiracy theorist (though I do believe having a bit of conspiracy theorist in you keeps you alert and aware) but I ask you this, why would a law that's supposed to be *helping* users such as you and I be co-authored by a powerhouse such as Google when Google, as well as Facebook, have been caught time and time again stealing and abusing users' private information? It's because the law is being written by them to protect them. Since when does Big Brother need a corporation to create laws?
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I find it quite disturbing that they're happy with a blanket opt-in which would include Google Analytics.
I do too, but when the corporation is now the government, that's what you get. A corporation allowed to break laws and then allowed to rewrite old ones or write new ones to protect them while others are condemned, punished and driven out of business for doing the same exact thing.

Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 12th, 2012, 11:28 AM
Didn't think we'd fall into conspiracy theories so quickly :P
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 15th, 2012, 09:45 PM
I have one site hosted in the UK and one hosted in the US. My solicitor (in London) has just advised me that I must have a notice prominently displayed for guests and members who are accessing from within the EU regarding the content and use of cookies by the Forum software. Apparently this must appear on both sites in order to comply with the Directive, since they can both can be accessed from within the EU. I'm also advised that a similar notice should also appear in the membership agreement.

I honestly doubt that many people will complain to the ICO but if they do, it's a big hassle and a potentially huge fine for site owners. A simple notice may remove that threat for now but, I'm told, the ICO (and its European counterparts) may in future require site operators to provide a means for cookie-less access to their sites.

What's not clear - and apparently the ICO isn't giving chapter and verse - is where the responsibility for third-party cookies lies. Anyone visiting a web site these days is bound to have one or more Google cookies stored in addition to any first-party cookies. It would seem that site owners may be responsible and have to obtain specific opt-ins before allowing their software to invite third-party cookies. But, as I said, ICO isn't giving any clear guidance on this (that satisfies lawyers).


Mark



Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 15th, 2012, 10:09 PM
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It would seem that site owners may be responsible and have to obtain specific opt-ins before allowing their software to invite third-party cookies. But, as I said, ICO isn't giving any clear guidance on this (that satisfies lawyers).
Have you been to the ICO's site? Their opt-in is a very big list of cookies, which lists every cookie they use (of which there are quite a few), and the opt-in is for all cookies, not a per-cookie basis, so opting in for the important cookies also opts you in by proxy for the others too, which is a very dubious state of affairs.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 15th, 2012, 11:07 PM
LOL. This won't last...
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 15th, 2012, 11:11 PM
It might not, but there is always the possibility that it *does*.
Title: Re: The Cookie Law (in the UK at least)
Post by: PantsManUK on April 16th, 2012, 12:04 PM
On my UK hosted blog, I have a script that requests opt-in for the GA cookies, and a page explaining what all the cookies sent are for and when they expire (and that if you don't like cookies, disable them in your browser because the cookie law won't fix the problem)... Hope that'll keep ICO happy for now.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 16th, 2012, 12:47 PM
Quote from Arantor on April 15th, 2012, 11:11 PM
It might not, but there is always the possibility that it *does*.
In the UK only, then. We'll just ban them from using our sites, because what have the British ever done for us(http://www.epicure.demon.co.uk/whattheromans.html), anyway? :lol:
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 16th, 2012, 01:29 PM
You mean I'd have to run SMF instead of running Wedge on my sites (since I'd be banned from using it)?
Title: Re: The Cookie Law (in the UK at least)
Post by: PantsManUK on April 16th, 2012, 01:51 PM
Quote from Nao on April 16th, 2012, 12:47 PM
Quote from Arantor on April 15th, 2012, 11:11 PM
It might not, but there is always the possibility that it *does*.
In the UK only, then. We'll just ban them from using our sites, because what have the British ever done for us(http://www.epicure.demon.co.uk/whattheromans.html), anyway? :lol:
Except it's an EU directive, so all of y'all will be coerced into enacting it eventually, the UK just happened to have done it "early".
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 16th, 2012, 03:06 PM
Quote from Arantor on April 15th, 2012, 10:09 PM
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It would seem that site owners may be responsible and have to obtain specific opt-ins before allowing their software to invite third-party cookies. But, as I said, ICO isn't giving any clear guidance on this (that satisfies lawyers).
Have you been to the ICO's site? Their opt-in is a very big list of cookies, which lists every cookie they use (of which there are quite a few), and the opt-in is for all cookies, not a per-cookie basis, so opting in for the important cookies also opts you in by proxy for the others too, which is a very dubious state of affairs.
Yes I have and you're right, it is a long list. However, the British implementation of the Directive may be at odds with other EU nations' in the case of exemptions and blanket opt-ins which, apparently, the Directive doesn't even mention. So whilst a UK-hosted site may be in compliance with British Law, it may not be fully-compliant with other nations' implementation of the Directive and the ICO will have to investigate complaints passed to it from its EU counterparts.

Given that, the advice surely must be that an opt-in be obtained for each and every cookie regardless of whether first or third-party. And that could make visiting EU-hosted web sites somewhat tedious.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 16th, 2012, 03:13 PM
Quote from Arantor on April 16th, 2012, 01:29 PM
You mean I'd have to run SMF instead of running Wedge on my sites (since I'd be banned from using it)?
Yes! Because the British have always loved nonsensical humour haven't they? :P
Posted: April 16th, 2012, 03:12 PM
Quote from PantsManUK on April 16th, 2012, 01:51 PM
Except it's an EU directive, so all of y'all will be coerced into enacting it eventually, the UK just happened to have done it "early".
I guess it makes sense that it is -- except that I've never even heard about it being planned to be done in France...
Title: Re: The Cookie Law (in the UK at least)
Post by: PantsManUK on April 16th, 2012, 05:12 PM
Quote from Nao on April 16th, 2012, 03:13 PM
I guess it makes sense that it is -- except that I've never even heard about it being planned to be done in France...
Well, you Frenchies have strange data protection laws as it is :eheh:

Can't find the actual directive listed anywhere in the UK law, but the law itself is PECR - "Privacy and Electronic Communications (EC Directive) Regulations". I'm kinda hoping the rest of the EU shouts it down and the UK is left as Billy Nomates... About the only way I see it being repealed/changed in the UK.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 16th, 2012, 05:15 PM
Quote from PantsManUK on April 16th, 2012, 05:12 PM
Well, you Frenchies have strange data protection laws as it is :eheh:
But they're not applied, as such... So it's just there for everyone to laugh.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 19th, 2012, 02:20 PM
OK, so I've been reading up on the guidance issued by the ICO.

They actually go as far as to note that there is an exemption for 'important' as opposed to 'strictly necessary' cookies, and that they note that 'Cookies used for analytical purposes to count the number of unique visits to a website for example' is not likely to fall within the exemption.

Going back to the whole PHPSESSID thing, which is relevant here, we could remove PHPSESSID, and simultaneously drop the entirety of the problem with the cookie law in the process by simply not starting a session for guests (and take the view that if our own cookie wasn't supplied, it's nothing we're interested in). BUT, this would mean losing accuracy of the number of guests, and will require much more work under the hood.

The other thing is that if we go out and use IP addresses, that we do actually bend the other guidance that there is regrading behavioural tracking. Like a lot of things it is about the lawmakers making policies that don't really work - except that the ICO doesn't have the same view that the French authorities have.

It does also seem that there is a certain degree of insanity in the wording, from what I can tell, a user in the UK can complain to the ICO about a site based in Europe, regardless of being run in the UK or not, and for it to be taken up with the appropriate country's authorities on the matter.

We also have a problem that needs resolving, namely that setting the regular cookie to 'forever' also manages to set PHPSESSID as a cookie to forever too. I need to re-evaluate getting rid of PHPSESSID because if PHPSESSID is actually a session cookie, not a persistent one, we can much better argue its case as important. But still there is an issue with respect to privacy since the admin can see what users are doing because it's logged.

(That is definitely a privacy concern, btw. Going through logs is considered valid if you explain that you have that power. We can probably argue that it is much the same thing, except slightly more real time, and from a privacy perspective more problematic because it's not just logs, it's personally identifiable.)

Jeesh it's a mess.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 19th, 2012, 02:55 PM
I've today sent an email to the contact email address at the ICO.

(click to show/hide)
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Hello,

I'm a developer attached to a project that builds discussion forum software, and I'm trying to get some guidance on whether the software we have is compliant with the cookie laws or not, since the guidance is very confusing.

I would note also that our package ('Wedge') is derived from an existing US-based development ('SMF') and shares much of the same code including the cookie management. I should also note that SMF's developers have absolutely no plans to add any facilities for managing cookie privacy, so that UK site owners which use SMF will be left non-compliant, and not through their own fault.

Currently, Wedge offers two cookies, one is a session cookie created automatically for guests. The session cookie is not shared with any third party. The cookie itself is simply a session ID, though the session ID allows for counting how many non-registered users are visiting, and also the last action carried out by that session can also be logged, meaning that site administrators can identify what topics of discussion a given user is viewing.

When a user actually logs in, a second cookie is deployed. Due to a bug, the first cookie is not erased, though it is not used when this second cookie is. The second cookie is more persistent, however the user is asked how long the session should persist for. This particular cookie carries two items of information, namely the user id of the logged in user, and their session ID. (The user id is carried through primarily for performance, though either way, that session ID is tied to a user account.) It is also possible for administrators to view the actions being carried out by logged in users.

Now, there is a note in the standard registration agreement text, which reads:
"Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer."

I recognise that this is not sufficient for compliance and that something more obvious will be required.


Anyway, this at least is the current position, and I would note that pretty much all of the discussion forum platforms offer a similar collection of features, and to the best of my knowledge, none of them are compliant at this time, and I do not believe there are plans to address that, meaning that site owners are likely to place themselves at risk by using any of these software packages.

My understanding of the cookie laws is that the registered-user cookie would be acceptable, by expressly asking for consent during registration so that on creating the user account, it would be clear that consent had been given.

With respect to the session cookie, I am not clear as to whether this is acceptable or not. We will work on the issue where the session cookie is not removed as promptly as it should be, but given that its primary use within the system is to identify the number of active users who are not currently signed in (and potentially the action they are carrying out), it seems to me that we should ask for consent and not issue if it not given. I do note that the software will be used by people not based in the EU as well as people based there (the core development team consists of one person in the UK and one in France)

I am concerned, also, with respect to the logging of actions. The tracking is not entirely real time, but 'most' page views (certain internal actions are excluded, and there is a threshold whereby making page views in that time will not be logged, typically views less than 8 seconds apart) are logged, and it is tied to the session ID (regardless of being signed in or not). My concern is that currently we are not advising users that this is being done, and that unlike general access logs, it is tied to a user, and could readily be argued to be personally identifiable. I would note that this can be disabled by the site operator, though it is enabled by default.

On a related note, that same session log is also able to identify whether a given user is signed in or not and that information is often made available to all users (visually), even though every user has the option to 'hide' the fact that they are online from the general population, site operators will be able to see that fact regardless.

I appreciate that this is a complex list of information I am giving, but I feel that as I develop a platform that others will make use of, I am duty bound to get advice on what is acceptable within the bounds of the UK privacy laws, and perhaps some insight into what is required across the EU.

Thank you in advance for any insight you can provide.

Peter Spicer
Developer of 'Wedge', wedge.org.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 19th, 2012, 06:22 PM
Quote from Arantor on April 19th, 2012, 02:20 PM
It does also seem that there is a certain degree of insanity in the wording, from what I can tell, a user in the UK can complain to the ICO about a site based in Europe, regardless of being run in the UK or not, and for it to be taken up with the appropriate country's authorities on the matter.
Yes, that's my reading of it also and corresponds to the legal advice I've been given. What's probably a bit draconian about this is that other EU nations are being somewhat dilatory about implementing their own "Cookie Laws" but that won't be taken into consideration if a complaint is made about a web site hosted in one of those member states. They are liable for the same huge fine if they're found to be in violation (£500,000 or $750,000). The unholy side-effect of that is that site owners based in Europe will have to know the applicable laws for each EU member as the Directive does not proscribe any particular wording.

The other bit of advice I've just been given is that site owners should clearly explain the content and use of any third-party cookies introduced on visitors' machines during their visit. But I note that even the ICO is unable to do this fully.

The other rather laughable aspect of the ICO site is that it places a second cookie, in addition to their main one, if you agree to cookies -- surely the presence of their main cookie indicates that you've agreed to cookies!

Oh and thank you for posting a copy of your email to ICO. I am relieved and reassured to know that this issue is being taken seriously by the Wedge Team whilst those over at SMF are simply burying their heads in the sand.  You have just provided me with yet another in an increasingly long list of reasons to wait patiently for the release of Wedge! Thank you!
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 19th, 2012, 06:47 PM
Quote from markham on April 19th, 2012, 06:22 PM
Oh and thank you for posting a copy of your email to ICO. I am relieved and reassured to know that this issue is being taken seriously by the Wedge Team
Only half the team, I'm afraid :P
I'm still convinced that this is just 'for the show', and that this law is only going to be used in clear cases of privacy abuses, as legal grounds for action, rather than being mindlessly applied to every single blog or whatever.
Wedge (and SMF), by having their source code freely available (well, soon for Wedge!), clearly make it easy to get a full list of what the software does with cookies and such.
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whilst those over at SMF are simply burying their heads in the sand.  You have just provided me with yet another in an increasingly long list of reasons to wait patiently for the release of Wedge!
Heck, even *I* can no longer wait for an alpha release...
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 19th, 2012, 07:05 PM
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The unholy side-effect of that is that site owners based in Europe will have to know the applicable laws for each EU member as the Directive does not proscribe any particular wording.
That's true, but to a point one of the considerations is whether you're acting in good faith or not. If you're 'on the edge' but making an attempt in good faith to be compliant, you're probably going to OK, but if you're on the edge trying to bend the rules at every opportunity, when you do skirt the rules, it will come back to bite you a bit more.
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The other bit of advice I've just been given is that site owners should clearly explain the content and use of any third-party cookies introduced on visitors' machines during their visit. But I note that even the ICO is unable to do this fully.
The ICO's own site is where I feel it's failing most: I accept that they may not know the specific details of each cookie - I don't know the specifics of what's in the Google Analytics cookies, for example, so that part I'm willing to accept the way they're doing it. What I don't like is the way they're using a single consent to accept *all* of those cookies, not bits and pieces.
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The other rather laughable aspect of the ICO site is that it places a second cookie, in addition to their main one, if you agree to cookies -- surely the presence of their main cookie indicates that you've agreed to cookies!
It is, but at the same time, there's no other way to do it. They don't set any cookies, so there's no method other than this to indicate consent unless you're a registered member and have provided consent that way somehow.
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Oh and thank you for posting a copy of your email to ICO. I am relieved and reassured to know that this issue is being taken seriously by the Wedge Team whilst those over at SMF are simply burying their heads in the sand.  You have just provided me with yet another in an increasingly long list of reasons to wait patiently for the release of Wedge! Thank you!
Well, as this discussion has shown, Nao and I both have reservations about how this will be enforced, and whether it actually will be or not. But I don't see that we - as platform stewards - can take that risk.

This is the problem I have with SMF: I understand their view that they're in the US and as such they take the view that it does not apply to them. But they're not offering advice on how to be compliant, and given what's involved, and how deeply rooted it is into SMF, with its session management and also the privacy concerns of Who's Online, and that's where the problem is. If the team isn't actively taking this on board, who is? Is anyone?

And that's the problem: it leaves people like you and me (taking off my platform steward hat for a moment) in the lurch because if the platform itself isn't going to take responsibility, that means the site owners have to, and without any guidance, how can they?

As I said in my email, I don't know if other platforms are taking this seriously, but I don't see big noises about doing so, put it that way.
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'm still convinced that this is just 'for the show', and that this law is only going to be used in clear cases of privacy abuses, as legal grounds for action, rather than being mindlessly applied to every single blog or whatever.
Oh, I'm pretty sure that it is just for show, but until it's actually tested in a complaint, we have to assume that it isn't. Bear in mind that it is only to be used in the case of people complaining, rather than doled out by machine.

The thing is, even with the source code available, it isn't that easy to identify what the cookie does, especially if you observe that the PHPSESSID is actually potentially set for 3 years at a time when it is supposed to be a session cookie, it does make you wonder what's going on.

If we make it difficult or even impossible to be compliant, I myself can't use Wedge on my own sites, that's the bottom line. If I can't be reasonably sure that Wedge will be compliant, I don't see how I can in good faith or otherwise operate Wedge on my own sites, so even though I personally believe that it's for show, I can't take that chance for my own stuff, and I can't, thus, take that chance of dropping people in it who use Wedge in good faith.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 19th, 2012, 07:17 PM
Quote from Nao on April 19th, 2012, 06:47 PM
Quote from markham on April 19th, 2012, 06:22 PM
Oh and thank you for posting a copy of your email to ICO. I am relieved and reassured to know that this issue is being taken seriously by the Wedge Team
Only half the team, I'm afraid :P
Ah but it's 100% more than over at SMF! :D
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I'm still convinced that this is just 'for the show', and that this law is only going to be used in clear cases of privacy abuses, as legal grounds for action, rather than being mindlessly applied to every single blog or whatever.
In our case, the UK's Information Commissioner is legally obliged to investigate any complaints and the penalties are proscribed in law but whether anyone actually complains is another matter. Unless they live in Denmark, of course (where I believe this all originated).

That said though, I do wonder how many Forum sites operating from UK hosts actually comply with the requirements of the Data Protection Act. Very few, if any, would be my guess.
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whilst those over at SMF are simply burying their heads in the sand.  You have just provided me with yet another in an increasingly long list of reasons to wait patiently for the release of Wedge!
Heck, even *I* can no longer wait for an alpha release...
That's the one they're promising by the end of the millennium, right?!
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 19th, 2012, 07:28 PM
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That said though, I do wonder how many Forum sites operating from UK hosts actually comply with the requirements of the Data Protection Act. Very few, if any, would be my guess.
I actually did some investigation on this some time ago, when I first started running forums, and I don't believe anything's changed. Basically, a username and password is not considered personal information and as yet, neither is an email address. Consequently because you're not providing anything that comes under their definition of 'personal information', you don't have to get into the realms of being a registered Data Controller, and whatever's left regarding IP (which also, currently, is not considered personal information) is covered by the standard registration agreement, which is within the First Principle's approach to transparency.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 19th, 2012, 07:33 PM
I'm sure Wedge will be fine with just a warning message at registration time. That could be disabled from the admin panel for users outside the UK or whatever.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 19th, 2012, 08:29 PM
Quote from Arantor on April 19th, 2012, 07:05 PM
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The unholy side-effect of that is that site owners based in Europe will have to know the applicable laws for each EU member as the Directive does not proscribe any particular wording.
That's true, but to a point one of the considerations is whether you're acting in good faith or not. If you're 'on the edge' but making an attempt in good faith to be compliant, you're probably going to OK, but if you're on the edge trying to bend the rules at every opportunity, when you do skirt the rules, it will come back to bite you a bit more.
Let's suppose Germany decides to require site owners to obtain separate op-ins for every cookie whilst apparently the UK does not - according to ICO a blanket opt-in is sufficient. A German user visits a UK hosted web site and is presented with a single "Do you agree to our placing cookies?" dialog box. The German user is happy to have the site's first-party cookie as, in all likelihood, that cookie would be rather essential to ensure a good experience, but he doesn't want the (potentially four) extra Cookies placed by Google Analytics or Facebook trackers etc. He feels aggrieved that those cookies have been stored and complains. The UK site has complied with the Directive as implemented in UK law but is not compliant under German law. As things stand, the Information Commissioner would have to agree that the web site concerned was in violation. But whether he would seek prosecution is entirely another matter.
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The other bit of advice I've just been given is that site owners should clearly explain the content and use of any third-party cookies introduced on visitors' machines during their visit. But I note that even the ICO is unable to do this fully.
The ICO's own site is where I feel it's failing most: I accept that they may not know the specific details of each cookie - I don't know the specifics of what's in the Google Analytics cookies, for example, so that part I'm willing to accept the way they're doing it. What I don't like is the way they're using a single consent to accept *all* of those cookies, not bits and pieces.
But is there any other practical way of doing this? As a developer, you'd say "yes", I'll simply include hooks that cause the display of a cookie acceptance dialog so that developers of plug-ins that set cookies can get the user's acceptance. But from a user's point of view, to be presented with a succession of cookie opt-in dialogs is going to become tiresome to say the least. If we are going to go down that road, then I think two opt-in dialogs should suffice: one for first-party and the other for all the third-party cookies. That second dialog could optionally be re-presented to the user if additional cookies are added. How's that for compromise?

Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 19th, 2012, 11:46 PM
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I'm sure Wedge will be fine with just a warning message at registration time. That could be disabled from the admin panel for users outside the UK or whatever.
If that were the case, we could just accept the fact it's in the registration agreement and go home. Except that it isn't the case, and until this is tested by a formal complaint, I at least have to assume that it will expected to be carried out as discussed.
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The UK site has complied with the Directive as implemented in UK law but is not compliant under German law. As things stand, the Information Commissioner would have to agree that the web site concerned was in violation. But whether he would seek prosecution is entirely another matter.
This is my point. I agree that it would be found in violation, but I would expect that the ICO would not seek prosecution because what was being done was being done in good faith. (Assuming it was being done in good faith.)
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But is there any other practical way of doing this? As a developer, you'd say "yes", I'll simply include hooks that cause the display of a cookie acceptance dialog so that developers of plug-ins that set cookies can get the user's acceptance. But from a user's point of view, to be presented with a succession of cookie opt-in dialogs is going to become tiresome to say the least. If we are going to go down that road, then I think two opt-in dialogs should suffice: one for first-party and the other for all the third-party cookies. That second dialog could optionally be re-presented to the user if additional cookies are added. How's that for compromise?
Bearing in mind the first- vs third-party cookies problem, the ideal solution to me seems to be offering an acceptance on first party cookies as a general consent, then a party by party acceptance of other cookies.

So the core cookies for a site itself with a single consent, then Google Analytics with a single consent for GA (ideally... I'd hold that in the browser with the assumption that opting me out of GA would opt me out of GA everywhere), then a single consent for whatever, etc.

Mind you, anyone who actually cares about privacy seriously wouldn't have GA on their site anyway.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 20th, 2012, 08:58 AM
Quote from Arantor on April 19th, 2012, 07:28 PM
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That said though, I do wonder how many Forum sites operating from UK hosts actually comply with the requirements of the Data Protection Act. Very few, if any, would be my guess.
I actually did some investigation on this some time ago, when I first started running forums, and I don't believe anything's changed. Basically, a username and password is not considered personal information and as yet, neither is an email address. Consequently because you're not providing anything that comes under their definition of 'personal information', you don't have to get into the realms of being a registered Data Controller, and whatever's left regarding IP (which also, currently, is not considered personal information) is covered by the standard registration agreement, which is within the First Principle's approach to transparency.
I agree entirely with your comments. But many Forum sites hold other personal information that has been voluntarily supplied by its members - such as their location, user names on social network sites and instant messengers, perhaps even their exact geographic location (for Google Map pins). Now I agree that all this additional information is not only supplied voluntarily by members but can be modified or removed by them at any time. Well almost: if that member receives a ban, he is no longer able to remove his personal details and whilst the site needs to retain that member's email address, user name and IP Address in order to enforce the ban, it does not - and should not (in my view) - retain any of the additional information that user supplied during his membership. That retention might fall foul of the DPA.

If my suspicions have any legs, then wouldn't it be wise for the site to automatically remove all additional informations - including all PMs sent/received - when a member is banned?

To the best of my knowledge - and according to some basic research carried-out by my lawyer - no UK-based Forum site has been found in violation of the DPA but there remains the risk that should the ICO be asked to investigate a site under the "cookie law", it might also check for other violations.
Title: Re: The Cookie Law (in the UK at least)
Post by: PantsManUK on April 20th, 2012, 11:49 AM
Quote from Arantor on April 19th, 2012, 07:05 PM
Oh, I'm pretty sure that it is just for show, but until it's actually tested in a complaint, we have to assume that it isn't. Bear in mind that it is only to be used in the case of people complaining, rather than doled out by machine.
"We" could force the issue - find a UK-based website with an SMF (or any other) forum that doesn't mention cookies at all, and have a mass complaint by anyone in the EU. We'd soon see how the ICO deal with it. :niark:

TBH, I'm in the "this will all fade away eventually" camp too. They'll U-turn: just very, very slowly so no-one notices.

On a side-note - cookie lifetimes. For logged on folks ("paid up" members), it's easy in most cases because you ask them how long they want to be logged in for; just be explicit that a cookie is used to store that information and I would hope that the ICO view that as a "good faith" attempt at compliance. For "anonymous" guests, I'd like to see any cookies lasting for as short a time as can be managed - to the extent of potentially having cookies expire while anonymous users are still browsing. With more and more people leaving their browser running 24x7, you can't really rely on "End of session" cookies any more (this is a browser issue in my book - but I can't think of an easy fix...). Just my 2p...
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 20th, 2012, 01:42 PM
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I agree entirely with your comments. But many Forum sites hold other personal information that has been voluntarily supplied by its members - such as their location, user names on social network sites and instant messengers, perhaps even their exact geographic location (for Google Map pins).
Therein lies part of the problem: a user name and general location are not yet considered to be personal information. I have no doubt that usernames and email addresses will become personal information in the future, but at this time they are not within the definition given.

Exact location is a bit different, because it could be a matter of public record. For example, if I were to put my location in, it could be claimed that my name and address are matters of public record (voter's roll, domain name WHOIS), so it's not even that simple.
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Well almost: if that member receives a ban, he is no longer able to remove his personal details and whilst the site needs to retain that member's email address, user name and IP Address in order to enforce the ban, it does not - and should not (in my view) - retain any of the additional information that user supplied during his membership. That retention might fall foul of the DPA.
This is partly why I never enforce a ban as a true 'ban' in the SMF sense, I do it by a 100% warning (since that also saves certain performance matters), and I suspect we can build that in to the changes to the ban system, since the ban system as it stands needs to be withdrawn.

It gets more complicated, though... what happens if a ban is enacted accidentally against a user who wishes to update or remove their information? Say there's a ban on host which locks out so many more users? Yes, I'd argue there's a problem there, but I don't see how, viably, it's possible to solve them at this time.
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If my suspicions have any legs, then wouldn't it be wise for the site to automatically remove all additional informations - including all PMs sent/received - when a member is banned?
Even that's complicated. What happens if those PMs formed part of a conversation? How does one justify removing them from someone who has received said messages?

What happens if the ban is later removed? Or was put in place by accident?
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To the best of my knowledge - and according to some basic research carried-out by my lawyer - no UK-based Forum site has been found in violation of the DPA but there remains the risk that should the ICO be asked to investigate a site under the "cookie law", it might also check for other violations.
Agreed, there is no known site that has fallen foul of DPA violations (in no small part because the content held by a forum is on the fringe of what is considered to be personal information), but with the cookie law, the ICO is signalling a clear intent to pursue privacy and related matters.

And that's the thing, ultimately, I have no idea whether the ICO would check for violations or not. But while I as a site owner may take one stance, I have to consider the implications for Wedge as a platform too.

Last night, just out of curiosity, I went looking for it on phpBB, because phpBB has at least one UK developer (and their primarily language is 'British English'), and I will also look at what XenForo is doing, though I haven't yet. What intrigued me is that there's a distinct 'we don't think the ICO will pursue it' attitude, it's almost like SMF's stance - 'we don't think anything will be done so we don't have to worry about it', as such they're not planning on doing anything about it.

Now, I personally do not believe we're going to see a rash of complaints or enforcement actions, but that's my personal opinion, not with my 'platform steward' hat on. And I have to consider it a viable threat until I see some evidence to the contrary with that in mind.

]
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On a side-note - cookie lifetimes. For logged on folks ("paid up" members), it's easy in most cases because you ask them how long they want to be logged in for; just be explicit that a cookie is used to store that information and I would hope that the ICO view that as a "good faith" attempt at compliance. For "anonymous" guests, I'd like to see any cookies lasting for as short a time as can be managed - to the extent of potentially having cookies expire while anonymous users are still browsing.
SMF and Wedge have ambiguous behaviour here.

For guests who do not register and have never registered nor never logged in, they get a session cookie, which is a true session cookie - it expires when they close their browser. This is the infamous PHPSESSID cookie, of course.

Logging in, you do get to specify how long you're logged in for. 'Forever' is not really forever, either, it's actually 3 years. But the problem attached is that the PHPSESSID cookie is also held for the same time, but as far as I'm concerned this is actually a bug, because there is no need to keep the session cookie when a proper cookie is established.
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With more and more people leaving their browser running 24x7, you can't really rely on "End of session" cookies any more (this is a browser issue in my book - but I can't think of an easy fix...)
This is a browser issue and that something I'd have to argue is neither our concern nor our problem. Indicating that a cookie lasts until the browser closes (which in modern parlance is theoretically when the tab is closed, not when the browser itself is closed, as I understand it) is a sign of good faith - it's not our place to police that. We indicate the lifetime of a cookie, if the browser doesn't adhere that isn't actually our fault.
Title: Re: The Cookie Law (in the UK at least)
Post by: oOo--STAR--oOo on April 20th, 2012, 10:38 PM
Hmm this has me wondering ?

I live in the UK but my hosting servers are in the US, do I have to comply with these rules on my website?
If we have visitors from the UK so we have to comply for them visitors?
Also isn't the notice on the registration agreement enough to say what cookies are stored on your computer and what they are used for?
As they are stated when you AGREE to sign up and then proceed to enter your details for registration.
I certainly don't understand this very much.
Will this be applicable to voluntary small websites who can basically be bitten by a cookie law?
I would of never heard about this other than reading this website.
AND I LIVE IN THE UK!!! That's a but stupid init?

I noticed on my ISP website they have information at the bottom of their website, like little icons that you don't even know what they are until you hover or click them which allow you to control the use of cookies they store.

Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 20th, 2012, 10:58 PM
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I live in the UK but my hosting servers are in the US, do I have to comply with these rules on my website?
Yes, because you're the site operator.
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If we have visitors from the UK so we have to comply for them visitors?
Yes, if the site is owned or operated within the EU, since this is an EU directive. If there is no EU-based management, there is no requirement to comply - at the present time, since I don't see how a user from within the EU can make a complaint to their respective data management body, when there's no way that can further on be enforced.
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Also isn't the notice on the registration agreement enough to say what cookies are stored on your computer and what they are used for?
You're not the first person to ask this, and the answer is unequivocally NO.

This is the part that people do not follow. What you state in the registration is, frankly, irrelevant. You are supposed to obtain permission before setting ANY cookies. Even guests. The registration process would cover the more complex cookie, but it is not sufficient to cover for guests for whom a cookie is set straight away anyway.
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Will this be applicable to voluntary small websites who can basically be bitten by a cookie law?
Yes, if you use a cookie. This is one of the points we've debated here: all sites that operate within the UK at least (and in time the EU) should comply, and a user can lodge a complaint with the ICO if they do not comply with the rules. (Or the respective country's equivalent)
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I would of never heard about this other than reading this website.
AND I LIVE IN THE UK!!! That's a but stupid init?
You want to know the real fuck-up? This was introduced almost a year ago back in May 2011, but the ICO made it very clear that they would not enforce for a minimum of one year (and that date is fast approaching, it will be May 26th this year), however during that time we have been waiting for guidance from the ICO on how exactly this should work.
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I noticed on my ISP website they have information at the bottom of their website, like little icons that you don't even know what they are until you hover or click them which allow you to control the use of cookies they store.
That's not really satisfactory. The ICO's own site is so far the only site I have seen that actively follows the guidance.
Title: Re: The Cookie Law (in the UK at least)
Post by: oOo--STAR--oOo on April 20th, 2012, 11:21 PM
Quote from Arantor on April 20th, 2012, 10:58 PM
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I live in the UK but my hosting servers are in the US, do I have to comply with these rules on my website?
Yes, because you're the site operator.
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If we have visitors from the UK so we have to comply for them visitors?
Yes, if the site is owned or operated within the EU, since this is an EU directive. If there is no EU-based management, there is no requirement to comply - at the present time, since I don't see how a user from within the EU can make a complaint to their respective data management body, when there's no way that can further on be enforced.
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Also isn't the notice on the registration agreement enough to say what cookies are stored on your computer and what they are used for?
You're not the first person to ask this, and the answer is unequivocally NO.

This is the part that people do not follow. What you state in the registration is, frankly, irrelevant. You are supposed to obtain permission before setting ANY cookies. Even guests. The registration process would cover the more complex cookie, but it is not sufficient to cover for guests for whom a cookie is set straight away anyway.
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Will this be applicable to voluntary small websites who can basically be bitten by a cookie law?
Yes, if you use a cookie. This is one of the points we've debated here: all sites that operate within the UK at least (and in time the EU) should comply, and a user can lodge a complaint with the ICO if they do not comply with the rules. (Or the respective country's equivalent)
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I would of never heard about this other than reading this website.
AND I LIVE IN THE UK!!! That's a but stupid init?
You want to know the real fuck-up? This was introduced almost a year ago back in May 2011, but the ICO made it very clear that they would not enforce for a minimum of one year (and that date is fast approaching, it will be May 26th this year), however during that time we have been waiting for guidance from the ICO on how exactly this should work.
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I noticed on my ISP website they have information at the bottom of their website, like little icons that you don't even know what they are until you hover or click them which allow you to control the use of cookies they store.
That's not really satisfactory. The ICO's own site is so far the only site I have seen that actively follows the guidance.
I say FUCK ICO..
It sounds ridiculous you know, for the fact I can be persecuted for something I was unaware of.
I still don't understand it and if I get bitten by it.

Sounds to me like the want to abolish cookies.
What else are they going todo. Do we need to start displaying HUGE notices explaining what information is cached on your PC also lol.

I can say that almost every website I know on the internet is not even close to complying with this.
For the fact of, how can you comply with something you don't even know about and don't even understand.

Should set myself up as a user suing all websites that do not comply with something and make a million lol.
I am sure with all these stupid laws its possible lol.



Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 20th, 2012, 11:38 PM
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It sounds ridiculous you know, for the fact I can be persecuted for something I was unaware of.
I still don't understand it and if I get bitten by it.
Ignorance of the law is no excuse, and if you prepare to run a website you should generally go out and make sure you are compliant. I've done a considerable amount of legwork for this reason over the years.
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Sounds to me like the want to abolish cookies.
What else are they going todo. Do we need to start displaying HUGE notices explaining what information is cached on your PC also lol.
No, they want to make sure your privacy isn't screwed over. The real target of this law isn't to penalise site owners, it's to fuck over Google, and in particular the way Google's cookies track your actions, both their analytics and their ad cookies.

Also, read the discussions. They're not asking for huge notices. They're asking for prominent ones discussing cookies - the thing is, most sites don't really need cookies at all.

Consider this fact: SMF and Wedge, currently, use two principle cookies. One is issued to guests, whose sole purpose is to track what a guest is doing, and if you read my letter to the ICO, there are even privacy concerns about that. On the other hand, one cookie is only issued to members when they sign up, which will typically be covered by the agreement, so really all we're fighting about in Wedge's case is a cookie whose sole point is to identify a unique user. It's only really required to validate the uniqueness of the user, it's not really required for any other valid reason.
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I can say that almost every website I know on the internet is not even close to complying with this.
It's not your problem. You only have to worry about the sites you manage. However if you find a site in the UK that issues you with cookies that don't really fall under the current laws, you can actually take them to the ICO. So yes, it is a problem if you run a site, but if you don't, it's no issue.
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For the fact of, how can you comply with something you don't even know about and don't even understand.
Ignorance of the law is your problem, not the law's problem. No court of law will consider that a valid defence. As a site owner you are responsible for investigating the laws in your country/region and making sure that you continue to be informed about those rules.

In this particular case, it's been referenced many times on tech news sites, so I suspect if it were tested in court, it would be even further against you - it isn't as if this is a law that has been pushed through quietly.
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Should set myself up as a user suing all websites that do not comply with something and make a million lol.
I am sure with all these stupid laws its possible lol.
You wouldn't win.

I forget whether this happened in the US or UK, but a few years ago, one or other of those places introduced some legislation to ensure that shops and offices introduced suitable measures for access by disabled people. Thinking about it, it might well have been the UK when the Disability Discrimination Act came in. Anyway, this guy in a wheelchair went around place after place after place, and each place that fell foul, he took them to court. The first couple went to court but after a short amount of time he was declared a vexatious litigant (i.e. someone going to court because they're a pain in the arse, not because they necessarily have a valid complaint) and was forbidden from doing it thereafter.
Title: Re: The Cookie Law (in the UK at least)
Post by: CJ Jackson on April 20th, 2012, 11:52 PM
I'm replacing my wordpress blog with one of my own, it will only use the cookie that will hold the session id, it will mainly be used for remembering what you typed into the html form, which should fall under the exception right?

This is all regulation over education, ICO is totally fucked up!
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 21st, 2012, 12:00 AM
Yes, where it's used strictly for carrying through in order to make certain things work, it should come under the exemption attached to 'facilitating communication', but be sure to only start the session when you actually need it, rather than straight away.

I don't think the ICO is fucked up, I think it's a worthwhile idea, let down by stupid implementation. A lot of the problem, as even they note, is that the browsers don't have the capabilities to properly cope with differentiating between first and third party cookies and such like.
Title: Re: The Cookie Law (in the UK at least)
Post by: oOo--STAR--oOo 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?

Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 21st, 2012, 01:29 AM
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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.
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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.
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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.
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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.
Title: Re: The Cookie Law (in the UK at least)
Post by: oOo--STAR--oOo 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.
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Category 1: strictly
necessary cookies
For those types of cookies that are strictly necessary, no
consent is required
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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!
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 21st, 2012, 03:16 AM
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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?
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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.
Title: Re: The Cookie Law (in the UK at least)
Post by: 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
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.

Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 21st, 2012, 07:33 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!
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor 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.
Title: Re: The Cookie Law (in the UK at least)
Post by: 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.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor 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.
Title: Re: The Cookie Law (in the UK at least)
Post by: oOo--STAR--oOo 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.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor 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.
Title: Re: The Cookie Law (in the UK at least)
Post by: oOo--STAR--oOo 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.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 21st, 2012, 11:03 PM
I still think we should try tracking guests through their ip if feasable ;)
Title: Re: The Cookie Law (in the UK at least)
Post by: oOo--STAR--oOo 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.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor 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?
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 22nd, 2012, 06:37 AM
Quote from oOo--STAR--oOo 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.
Well it isn't working 100% for me, let me put it that way. The PHPSESSID cookie is being set regardless. But I will agree that Emanuele has done a splendid job in addressing the issue and has made some changes to subs-eclwarning.php since releasing it yesterday to take account of SEF considerations.

Rather than disable features completely - such as your shoutbox - all you need do is add a call to ecl_authorized_cookies() - and if that returns TRUE, cookies have been accepted ;) I've had to do that in subs.php for the Google Analytics mod[1].

But as you can see on on this site(http://liveinthephilippinesforum.com/forum), no main menu is shown until after the visitor accepts the cookies so, as best I can tell, that site is now almost in full compliance with UK law, the PSPSESSID cookie issue notwithstanding.
 1. (function ob_google_analytics($buffer)
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 22nd, 2012, 06:51 AM
Quote from Arantor 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.
I agree with your view but I do recall reading recently that depending on the PHP configuration on the host server, a session cookie may automatically be set regardless. Is that true?

Mark
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 22nd, 2012, 06:58 AM
Quote from Arantor on April 21st, 2012, 11:14 PM
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?
An interesting point and in the Forum software context I'd suggest that we probably would like to know the number of guests online at any one time but probably aren't very interested in any guest metrics. After all, an owner need simply to run Awstats (or equivalent) to get a breakdown of unique visitors to the site by any number of metrics. Or am I being too simplistic?

Mark
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 22nd, 2012, 03:16 PM
To save Arantor or anyone else trawling through the Wedge/SMF code looking for where PHPSESSID could be set, I can now confirm that the modification posted by Emanuele works 100% and prevents all cookies, including PHPSESSID, from being set until the visitor actively clicks on a link to allow them.

With Emanuele's help (he used some kind of analyser on my site) I discovered that PHPSESSID was being set was because I have SA-Chat installed and, for some strange reason, it has its own index.php file. One of the very first things that happens is that there's a call to start_session(). A simple edit was all it took me to prevent the Mod from loading unless cookies had been authorised.

Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 22nd, 2012, 04:03 PM
I haven't read the entire topic or whatever, but I just wanted to share this -- it is probably a known issue but whatever -- I noticed that if I remove the SID cookie and then hit Refresh, it is regenerated again -- even though I'm logged in to begin with... :-/
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 23rd, 2012, 05:47 AM
Just as an aside, in my view the Cookie Law is actually completely unnecessary in the UK at least. Just after the Parliamentary Christmas break (1989), MP Micheal Colvin introduced the Computer Misuse Bill which although somewhat watered-down came into force mid-year 1990. Cookies are actually covered under Section 3 of the Act which deals with "unauthorised modification of computer material". Unless accepted, a cookie is arguably an unauthorised modification. And the World Wide Web was in gestation at the time.

However we are where we are and there's one scenario that hasn't been mentioned to date. Suppose Nao crosses the Channel and goes to Arantor's new home on a visit. Whilst he's there, he asks Arantor if he can use his (Arantor's) PC to check his Forum - and we'll assume, for the sake of argument, that Arantor is not a member of that Forum. Nao lands on the Home Page and is asked to accept cookies which he does. He then logs-in and because its the default, his session time is set for 6 years. He logs-out and closes the browser which should (but doesn't always) delete the Session Cookie; his "member's" cookie - along, possibly with GA's four - remain in Arantor's browser Cookie "jar".

A few weeks later, Arantor notices that a web site he's never heard of nor visited has set cookies. (Let's not get into a debate as to whether or not Nao should have consulted Arantor prior to accepting the cookies, we'll assume they were both engrossed in what they were doing at the time.) Having noticed these Cookies, Arantor decides to lodge a complaint with the ICO. Cookies were set but HE didn't authorise them and it's entirely possible that ICO might ask awkward questions of the site owner.

A similar situation pertains in the case of Internet Cafes.

So maybe it's not enough for a web site owner to get a visitor to simply click on a link to signify acceptance of cookies. Maybe the visitor should be asked to give some means of identification (but that raises other data and privacy protection issues).



Title: Re: The Cookie Law (in the UK at least)
Post by: live627 on April 23rd, 2012, 06:01 AM
It all comes down to trust in your fellow man, which can easily get skewed and lost on the internet.
Title: Re: The Cookie Law (in the UK at least)
Post by: oOo--STAR--oOo on April 23rd, 2012, 10:18 AM
@markham

Yeah your right.. I coded a lot into the shoutbox myself so I can simply stop them cookies being set.
Its still setting a cookie for the media box even though guests really shouldn't see it anyway, as its not even open to guests lol.
The cookie is set by js, but a tiny bit of js is coded inside the index of the shoutbox, so will move that to the js file which is only issued to logged in members.
Which will solve that problem ;)

Just need to modify the page that displays the information about the cookies to display each cookie and what they do.

I suppose for google analytic's you could also just put this before it in the head.
   
Code: [Select]
if (!ecl_authorized_cookies())

Also reading a lot of discussion about it. It does seem like these big company's might not be taking this serious.
Maybe its my hoping in chance that it will get challenged and thrown out.

I mean who wants to be throwing alerts at people to accept, lol..
I'm not saying I don't agree with the new law, but I certainly think its should be looked at again and properly, probably in my favour LOL.

Edit: I would just like to add.. The cookie that is set from the mod is only supposed to last for that "session" I don't think there is a need to keep throwing it at the users face every time they revisit.
If my understanding is correct, they only have to agree to it once.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on April 23rd, 2012, 06:10 PM
How about us that operate and live in the US and decide to ignore the foreign law. I shouldn't be expected to follow by a law that I am in no way bound by, should I?
Quote from markham on April 22nd, 2012, 03:16 PM
With Emanuele's help (he used some kind of analyser on my site) I discovered that PHPSESSID was being set was because I have SA-Chat installed and, for some strange reason, it has its own index.php file. One of the very first things that happens is that there's a call to start_session(). A simple edit was all it took me to prevent the Mod from loading unless cookies had been authorised.
Yeah, the vision was lost there, not due to the current developer but due to members requesting SMF related features that I had no interest in that broke compatibility for other systems. The idea of the chat system was to be compatible with various systems. I later on lost interest and gave the project away.

But the system was set up on a basic bridge like system, it checks the SMF cookie and loads the DB within the chat, no SMF required. I don't think that is what is causing the problem though. It uses sessions and cookies to figure out what has been sent to the user or if the user needs to connect to the db. The mod doesn't connect to the db unless it has to. The mod will still work I think if this was disabled but there may be sync issues, messages getting sent more than once or not at all.

*edit, this system also helps reduce server load. Hopefully you didn't disable it, the mod IMHO is useless without this system in place because it can bring your site to a slow down. It is hard to remember everything from back then, lol.
Title: Re: The Cookie Law (in the UK at least)
Post by: Cryotech on April 23rd, 2012, 11:18 PM
In a perfect world, no you shouldn't, in a world dictated by the statutes of the U.N and international treaties, yes you will. That's how countries with no copyright laws are able to be forced into extraditing pirates, even if they're nationals, to countries that do have those laws for prosecution in foreign courts.

But in all reality, you don't have to worry about it right now, at least not for a few years. Again, having been a US federal officer for nearly 12 years, I can pretty much guarantee this will not be enforceable for many, many years if at all until the governments worldwide start mandating all websites be hosted on government servers for tracking purposes. The cost alone of enforcing would be astronomical in nature and would be a huge drain on already financially unstable economies.

Until that day happens, I'm not going to worry about it. I already do what I can to protect my users, I don't need Big Brother doing it for me.

Also, don't forget, ID sessions for members is a whole lot different than needing ID sessions for guests which seems to be the focal point of the debate. Members need ID sessions to perform unique functions on the site, guests, however do not for obvious reasons.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 24th, 2012, 06:20 AM
Quote from nend on April 23rd, 2012, 06:10 PM
How about us that operate and live in the US and decide to ignore the foreign law. I shouldn't be expected to follow by a law that I am in no way bound by, should I?
Except for the fact that US law makers are in the process of an equivalent Federal statute ....
Quote
*edit, this system also helps reduce server load. Hopefully you didn't disable it, the mod IMHO is useless without this system in place because it can bring your site to a slow down. It is hard to remember everything from back then, lol.
Ah you're the original author! You created a great modification and, IMHO, the best of its type I found for SMF.

Changing its index.php file was actually very simple - even for a 61 year old non-programmer like me!
Code: [Select]
    define('SMF', 1);

    // Experimental Optimizer
    define('loadOpt', 1);
   

    // Lets go head and load the settings here.
    require_once(str_replace('//','/',dirname(__FILE__).'/').'../Settings.php');

    // Load SMF's compatibility file for unsupported functions.
    if (@version_compare(PHP_VERSION, '5') == -1) {
        require_once($sourcedir . '/Subs-Compat.php');
    }
    //
    // Load Emanuele's 'EU Cookie-checker Modification.
    require_once($sourcedir . '/Subs-EclWarning.php');
   
    // If the user hasn't accepted cookies, get out! We can not go ahead and load SA-Chat
    // because set_session() sets cookies and so potentially does SA-Chat's javascript.
    if (!ecl_authorized_cookies())
        die();
   
    // Okay, cookies can be set so continue.   
    session_start();
    session_cache_limiter('nocache');
   
//<-------------------------------------------------------------------------------   
    // Load the theme
    if (isset($_REQUEST['theme']) && !strstr('..', $_REQUEST['theme']) && is_file('./themes/'.$_REQUEST['theme'].'/template.php') && is_file('./themes/'.$_REQUEST['theme'].'/style.css')) {
        $themeurl = $boardurl.'/sachat/themes/'.$_REQUEST['theme'];
        $themedir = $boarddir.'/sachat/themes/'.$_REQUEST['theme'];
        $thjs = 'theme='.$_REQUEST['theme'].'&';
        require_once($themedir.'/template.php');
    }
All I needed to do was to move the loading of Settings.php and Subs-Compat.php up from below session_start(), then load the Cookie checking code. All your basic logic remains as it was before and now what happens is that if the Cookie authorisation Cookie is not detected, the chat application isn't executed. The load checking and balancing code is still there and fully-operative but only, of course, if cookies are authorised.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 24th, 2012, 06:55 AM
Quote from oOo--STAR--oOo on April 23rd, 2012, 10:18 AM
I suppose for google analytic's you could also just put this before it in the head.
   
Code: [Select]
if (!ecl_authorized_cookies())
If you're using the GA Mod available on SMF, then you'll need to modify the function ob_google_analytics($buffer) in subs.php to this
Code: [Select]
// Google Analytics Integration
function ob_google_analytics($buffer)
{
    global $modSettings, $boardurl;

    if (ecl_authorized_cookies())
    {
            /*
            if (!empty($modSettings['googleAnalyticsCode']) && !isset($_REQUEST['xml'])) {
            $google_code = '
            <script type="text/javascript"><!-- // -->' . chr(60) . '![CDATA[' . '
            var _gaq = _gaq || [];
            _gaq.push([\'_setAccount\', \'' . $modSettings['googleAnalyticsCode'] . '\']);
            _gaq.push([\'_trackPageview\']);

            (function() {
            var ga = document.createElement(\'script\'); ga.type = \'text/javascript\'; ga.async = true;
            ga.src = (\'https:\' == document.location.protocol ? \'https://ssl\' : \'http://www\')   \'.google-analytics.com/ga.js\';
            var s = document.getElementsByTagName(\'script\')[0]; s.parentNode.insertBefore(ga, s);
            })();
            // ]]' . chr(62) . '</script>';
            */
            // add in the analytics code at the very end of the head section
            $buffer = substr_replace($buffer, $google_code . "\n" . '</head>', stripos($buffer,
                '</head>'), 7);
        }
    }
    // All done
    return $buffer;
}
You can use "if (!ecl_authorized_cookies()) return $buffer;" if you prefer ;) I personally prefer positive tests to negative ones.
Quote
Also reading a lot of discussion about it. It does seem like these big company's might not be taking this serious.
Those hosting within the EU will have to or they will find themselves "targets of choice" by enforcers such as the ICO.
Quote
Maybe its my hoping in chance that it will get challenged and thrown out.
It's been on our statute books for 11 months and hasn't been challenged so far - as far as I know.
Quote
I mean who wants to be throwing alerts at people to accept, lol..
I'm not saying I don't agree with the new law, but I certainly think its should be looked at again and properly, probably in my favour LOL.
It means a (hopefully) one-time extra mouse-click to enter sites, not exactly taxing even for the most technology-challenged of users is it? I agree that it could become a bit tiresome but that's a price to pay if we want to protect our privacy.
Quote
Edit: I would just like to add.. The cookie that is set from the mod is only supposed to last for that "session" I don't think there is a need to keep throwing it at the users face every time they revisit.
If my understanding is correct, they only have to agree to it once.
The authorisation cookie should be persistent on all except shared computers and I've modified Emanuele's code to reflect most of that. I can't deal with the shared computer aspect since there's no way of knowing about that. His code does this:
Code: [Select]
        setcookie('ecl_auth', 1, 0, '/');
which simply sets a session cookie that should be removed when the browser window closes. I've changed it to this:
Code: [Select]
        setcookie('ecl_auth', 'EU Cookie Law - LiPF cookies authorised- ' . strftime('%d-%b-%Y %H.%M.%S', time()), time()   189345600, '/');  // Set a 6 year cookie, the same as a "Forever" cookie in SMF
which sets a persistent (6 year) cookie and whose "text" tells the user the nature of the cookie and exactly when it was set - milliseconds after he agreed to cookies.[1]
 1. That information string contains HTML entities and I'm not sure if (a) that is safe and (b) how to overcome it.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on April 24th, 2012, 05:53 PM
Quote from markham on April 24th, 2012, 06:20 AM
Quote from nend on April 23rd, 2012, 06:10 PM
How about us that operate and live in the US and decide to ignore the foreign law. I shouldn't be expected to follow by a law that I am in no way bound by, should I?
Except for the fact that US law makers are in the process of an equivalent Federal statute ....
Quote
*edit, this system also helps reduce server load. Hopefully you didn't disable it, the mod IMHO is useless without this system in place because it can bring your site to a slow down. It is hard to remember everything from back then, lol.
Ah you're the original author! You created a great modification and, IMHO, the best of its type I found for SMF.

Changing its index.php file was actually very simple - even for a 61 year old non-programmer like me!
Code: [Select]
    define('SMF', 1);

    // Experimental Optimizer
    define('loadOpt', 1);
   

    // Lets go head and load the settings here.
    require_once(str_replace('//','/',dirname(__FILE__).'/').'../Settings.php');

    // Load SMF's compatibility file for unsupported functions.
    if (@version_compare(PHP_VERSION, '5') == -1) {
        require_once($sourcedir . '/Subs-Compat.php');
    }
    //
    // Load Emanuele's 'EU Cookie-checker Modification.
    require_once($sourcedir . '/Subs-EclWarning.php');
   
    // If the user hasn't accepted cookies, get out! We can not go ahead and load SA-Chat
    // because set_session() sets cookies and so potentially does SA-Chat's javascript.
    if (!ecl_authorized_cookies())
        die();
   
    // Okay, cookies can be set so continue.   
    session_start();
    session_cache_limiter('nocache');
   
//<-------------------------------------------------------------------------------   
    // Load the theme
    if (isset($_REQUEST['theme']) && !strstr('..', $_REQUEST['theme']) && is_file('./themes/'.$_REQUEST['theme'].'/template.php') && is_file('./themes/'.$_REQUEST['theme'].'/style.css')) {
        $themeurl = $boardurl.'/sachat/themes/'.$_REQUEST['theme'];
        $themedir = $boarddir.'/sachat/themes/'.$_REQUEST['theme'];
        $thjs = 'theme='.$_REQUEST['theme'].'&';
        require_once($themedir.'/template.php');
    }
All I needed to do was to move the loading of Settings.php and Subs-Compat.php up from below session_start(), then load the Cookie checking code. All your basic logic remains as it was before and now what happens is that if the Cookie authorisation Cookie is not detected, the chat application isn't executed. The load checking and balancing code is still there and fully-operative but only, of course, if cookies are authorised.
Just went over the code changes and the found the source on github, Your right, It looks like it shouldn't cause any problems. The ecl warning script just checks to see if a cookie is set that it added before and returns true or false. ;)
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 24th, 2012, 07:24 PM
Quote from nend on April 24th, 2012, 05:53 PM
Just went over the code changes and the found the source on github, Your right, It looks like it shouldn't cause any problems. The ecl warning script just checks to see if a cookie is set that it added before and returns true or false. ;)
Well yes but that's more by accident than by design. By rights the ecl cookie should be deleted at the end of the browser session as should the SMF session cookie and possibly even the member cookie too. Problem is that none of the web browsers I've tested this against actually deleted expired cookies!

On the off-chance that browser companies fix that, I have modified my version of the code so that the script sets a persistent (6 year) cookie and that it only checks for that one cookie.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 25th, 2012, 05:50 PM
OK, so let's back up a minute.

The PHPSESSID cookie, left alone and untouched by logins, will be removed properly. When logging in, though, SMF and Wedge both make that a persistent cookie. There's no argument on that score: it's a persistent cookie that is not being handled nicely and certainly flies in the face of any argument we can make that PHPSESSID is a valid session cookie when it stops being one.

@nend, why should you bother? That's a good question, and for now I don't think you have to be too concerned if you're based entirely outside the EU. That assumes the US do not introduce any forms of sanction, and I wouldn't put it past them, because then a user in the EU could complain to their national body and they can take it forward on that user's behalf. So in that respect, you don't have to be too bothered - for now.


Assuming the ECL cookie is set, there is nothing in the guidance about it being a session cookie from what I remember, and it does seem overly onerous to make it such, particularly if there is a persistent cookie of any form present.

My take on it is that if cookies are provided that the site is expecting (e.g. the member cookie or PHPSESSID), we can assume that consent must have been provided in the past and not require that extra cookie.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on April 25th, 2012, 06:09 PM
Why they don't make the law require it at the browser level and leave webmasters out of it. The browser can then prompt "This site is requesting to store a cookie, bla bla bal, do you accept." It should be required in browsers, set by default depending on location, with the ability to disable. I would disable it if my browser had something like that, annoying. :lol:

I don't get what the big fuss is about cookies, there are other means of tracking, useless law IMHO.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 25th, 2012, 06:19 PM
Their view is that the browsers do not currently have the functionality they want (but they are pursuing the browser manufacturers separately)

Even IE4 had that functionality, in fact, to offer to prompt for every cookie, but it's been the default not to ask for years, which is where we are now.

Most users do not understand the consequences of cookies, which is why the ICO feels it needs webmasters to reconsider the cookies they use and whether those cookies are even needed.

I'm increasingly taking the view that Wedge need not issue a cookie for guests at all, since all that really gives you is mostly meaningless tracking information (and some potential per-session caching, but for guests that's mostly avoidable anyway!)
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on April 25th, 2012, 06:25 PM
I don't know, too many laws, another straw. I think we are starting to get to a point where we say screw big brother and lets all be pirates. With all the new laws being introduce everyday, we will all be criminals soon. I am not saying go out and distribute illegal media, but heck with all these stupid laws, I am getting tired of it. Every single country every single day moving more and more to communist. I only say that because they make laws where the public doesn't have a voice so they can do whatever they want without a single vote. Even my own country with all their stupid laws, I guess we like electing idiots into office, sad though that is all we got to choose from.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 25th, 2012, 06:45 PM
It's not even a communist attitude. It's actually more of a fascist approach where the state dictates your life.

What I will say, as I said to a colleague of mine last week: I cannot and will not defend the likes of SOPA or PIPA, I cannot do so with a whole heart, and there is nothing well meaning or well intentioned in those laws.

This law, however badly implemented, at least has one argument in its defence: even though it is written by lawmakers who don't understand how the internet works, it is written with the intention of protecting one's privacy and enshrining that into law that privacy is not an entitlement or right conferred upon the higher-ups but mandated into law that all have the right and expectation of privacy in an increasingly online world. I disagree with many aspects of implementation but I can fully stand up and justify its intent.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 26th, 2012, 06:00 AM
Quote from Arantor on April 25th, 2012, 05:50 PM
OK, so let's back up a minute.

The PHPSESSID cookie, left alone and untouched by logins, will be removed properly. When logging in, though, SMF and Wedge both make that a persistent cookie. There's no argument on that score: it's a persistent cookie that is not being handled nicely and certainly flies in the face of any argument we can make that PHPSESSID is a valid session cookie when it stops being one.

@nend, why should you bother? That's a good question, and for now I don't think you have to be too concerned if you're based entirely outside the EU. That assumes the US do not introduce any forms of sanction, and I wouldn't put it past them, because then a user in the EU could complain to their national body and they can take it forward on that user's behalf. So in that respect, you don't have to be too bothered - for now.


Assuming the ECL cookie is set, there is nothing in the guidance about it being a session cookie from what I remember, and it does seem overly onerous to make it such, particularly if there is a persistent cookie of any form present.

My take on it is that if cookies are provided that the site is expecting (e.g. the member cookie or PHPSESSID), we can assume that consent must have been provided in the past and not require that extra cookie.
The ECL cookie is SMF's counterpart to the ICO's ICOCookiesAccepted cookie and which that site appears to check if you re-visit.

The ECL cookie should be persistent, in my opinion, for the simple reason that the SMF member and PHPSESSID cookies could get removed at the end of a session[1] should the user select a session length shorter than "forever".

As an amusing aside, I followed a link provided by the ICO in its guidance document. The link is to a US-hosted site, ]allaboutcookies.org(http://www.allaboutcookies.org/[/url) and immediately upon landing on its home page, a nice JScript popup informs you that it would like to set a cookie - for advertising - and gives you some options; very nicely done. The problem is that its popup window doesn't include any details of the first-party cookie it wants to set and that cookie is set regardless! I was left wondering whether the ICO should really continue promoting "allaboutcookies" since its implementation of the new regulations is somewhat lacking!
 1. But that assumes that the browser makers get their act together and actually removed expired and session cookies!
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on April 26th, 2012, 04:56 PM
Quote from Arantor on April 25th, 2012, 06:19 PM
(and some potential per-session caching, but for guests that's mostly avoidable anyway!)
How so?
In the current example (detecting mobile browsers), having it cached per session would allow me to run Mobile_Detect 2.x without an afterthought, and thus some finely tuned variables in return... While having a possibility of it being disabled means I have to rely on my current (and *very* fast) Class-MoDe.php class, which should find 99% of all mobile devices, but not all of them. Which pisses me off :lol:
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 26th, 2012, 07:04 PM
That's actually about the only thing that will have to be run for guests per page rather than per session; the mod cache is not needing to be populated at all, for example.

In fact, if we look at what is cached in session for guests, it's actually very little and nothing that's hideously expensive (since guests can't do a lot really)
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 26th, 2012, 07:55 PM
I've just noticed something rather alarming. If your site permits Google Analytics to set up to four cookies (__utma, __utmb, __utmc and __utmz) it appears you are also inviting Google to set further cookies. I only discovered this by accident and these cookies are not listed in Firefox but are by Chrome's "inspect elements" (I actually use SW Iron, a Chromium-based browser which has none of the "phone home" stuff that Google has in Chrome).


As you can see, the four cookies I've highlighted have not been set by my site but by Google. I'm not in the UK at the moment so I don't know if Google is using geoIP to determine whether or not to ask permission before setting these cookies, but as they are being set via my site, I'm a tad concerned as to who is responsible. (The other "odd" cookie, bb2_screener_, is set by my ISP and is used, I think, for traffic-shaping purposes.)


I wonder if the ICO is aware of this.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 26th, 2012, 07:57 PM
Well,bb2_screener_ is set by Bad Behaviour. I'm aware of that cookie and have chosen not to implement it into the implementation that's in Wedge, so that's not an issue.

But that's rather unpleasant that you're getting injected cookies like that. Not using Google Adsense, I take it?
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 27th, 2012, 01:36 PM
Quote from Arantor on April 26th, 2012, 07:57 PM
Well,bb2_screener_ is set by Bad Behaviour. I'm aware of that cookie and have chosen not to implement it into the implementation that's in Wedge, so that's not an issue.
What's interesting about that cookie is that if you inspect it in Firefox, it contains the name of the ISP you're connected via. That's what led me to believe it was being set by an ISP.
Quote
But that's rather unpleasant that you're getting injected cookies like that. Not using Google Adsense, I take it?
Not specifically no, we do have a couple of advertisement spots though.


Incidentally, Wolf Software (UK) has a neat javascript GPL implementation requiring only a slight modification to the page header. The company claims it has consulted with ICO to ensure its solution fully complies with the law.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 27th, 2012, 01:43 PM
Quote
What's interesting about that cookie is that if you inspect it in Firefox, it contains the name of the ISP you're connected via. That's what led me to believe it was being set by an ISP.
Funny, in the screenshot you posted, it was using your IP address - but it'll go with a hostname if it has that available. The idea is to validate that when content is posted, that it's come from the same source as the person getting the form (so that you don't get the same amount of pump and dump spam)
Quote
Incidentally, Wolf Software (UK) has a neat javascript GPL implementation requiring only a slight modification to the page header. The company claims it has consulted with ICO to ensure its solution fully complies with the law.
Got a link? There's certainly nothing that says the consent has to be shown every page and nothing that says it can't be set via JavaScript, so I can well believe it is compliant but I'd like to see it to get a sense of what the ICO is claimed to have agreed with.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 27th, 2012, 02:45 PM
Quote from Arantor on April 27th, 2012, 01:43 PM
Quote
What's interesting about that cookie is that if you inspect it in Firefox, it contains the name of the ISP you're connected via. That's what led me to believe it was being set by an ISP.
Funny, in the screenshot you posted, it was using your IP address - but it'll go with a hostname if it has that available. The idea is to validate that when content is posted, that it's come from the same source as the person getting the form (so that you don't get the same amount of pump and dump spam)
Yes that is the IP Address my ISP tells you I'm on, but according to my desktop gadget, my external IP is 120.28.248.151 - go figure!
Quote
Quote
Incidentally, Wolf Software (UK) has a neat javascript GPL implementation requiring only a slight modification to the page header. The company claims it has consulted with ICO to ensure its solution fully complies with the law.
Got a link? There's certainly nothing that says the consent has to be shown every page and nothing that says it can't be set via JavaScript, so I can well believe it is compliant but I'd like to see it to get a sense of what the ICO is claimed to have agreed with.
There are a couple of packages available from Wolf, one is jConsent(http://www.wolf-software.com/downloads/jquery-plugins/jconsent/) and that appears to be just the Javascript to which you need to interface with your own (PHP) logic to set its options. A more complete solution is Wolf's Jpecr(http://www.wolf-software.com/downloads/packages/jpecr-package/) package which also contains all the PHP driver logic and only requires a minor change to the page header to be operative. A really neat feature of this second package is that in one of the small PHP files, there's a setting to use geoIP (it's disabled by default) which if set only causes the display of the Cookie Agreeement stuff if the user is located within the EU.


To save you rushing over there, I'm attaching both to this post.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 27th, 2012, 02:58 PM
Quote
Yes that is the IP Address my ISP tells you I'm on, but according to my desktop gadget, my external IP is 120.28.248.151 - go figure!
The IP address used is the one the webserver itself received - if it's behind a firewall it might be the internal IP rather than an external one. It's... complicated.
Quote
To save you rushing over there, I'm attaching both to this post.
Thanks, though I really wanted a link so I could see them in action before I looked at any code. It's not always practical to study code to see the result you will get from it ;) Still, always good to have the code handy.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on April 27th, 2012, 03:23 PM
Quote from Arantor on April 27th, 2012, 02:58 PM
Quote
Yes that is the IP Address my ISP tells you I'm on, but according to my desktop gadget, my external IP is 120.28.248.151 - go figure!
The IP address used is the one the webserver itself received - if it's behind a firewall it might be the internal IP rather than an external one. It's... complicated.
Quote
To save you rushing over there, I'm attaching both to this post.
Thanks, though I really wanted a link so I could see them in action before I looked at any code. It's not always practical to study code to see the result you will get from it ;)Still, always good to have the code handy.
Both the links I provided will cause the display of a "cookie acceptance" panel but a more complete - and differently configured popup - is to be found on the ICO's recommended cookie information site All About Cookies(http://www.allaboutcookies.org).
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on April 27th, 2012, 03:26 PM
*nods*, I just had to dive in and see for myself.

I'd note that it's... complicated... to use their code since they're using a modified GPLv3 licence which is going to fuck everyone around anyway.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 4th, 2012, 07:42 PM
You replying to my post on SMF reminded me - did ICO ever reply to your well thought-out email? If so, was it quite simply the web equivalent of RTFM?  ::)

My reason for posting an implementation of geoIP functionality to determine if the use of cookies needs visitor approval or not was twofold:
I wonder how long it will take for our legislators to discover the "joys" of web bugs and HTML5 local storage both of which can, I understand, be used to track people around the net.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 4th, 2012, 07:51 PM
Heh, nope, not any reply at all. Can't say I'm entirely surprised but I'll give them a nudge shortly.

Oh, I have no problems with people trying it out at all. I think it's great that people are at least taking it seriously and trying to implement something that's workable. I don't have issues with that, I have issues with the concept of geo-location, as I said (though I was perhaps a touch less tactful than I might have been)

I just get the feeling that if it falls flat and gives a spurious response, the ICO will not be too enthusiastic about it, because it would appear to be a way of 'getting around' the requirement.

What it does mean, really, is that developers will change how they approach things, exactly as you indicate; we'll see items pushed into URLs and localStorage to bypass being in cookies, though once that's pointed out, we'll likely see the law expanded to cover these things too.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on May 5th, 2012, 05:57 AM
Quote from markham on May 4th, 2012, 07:42 PM
I wonder how long it will take for our legislators to discover the "joys" of web bugs and HTML5 local storage both of which can, I understand, be used to track people around the net.
It is like these OSes and Firewalls, "Are you sure you want to do this?", "So and So is requesting such and such, Allow?". Point being, most computers still get infected because most users can care less as to what they agree to. That is what the Anti-Virus is for most may say, unknown to them a Anti-Virus is no magical cure.

The people that really care about the cookie subject I am sure already have the situation sorted in their browser. The people that don't care, are going to accept those prompts without giving it a glance as to what it says.

Useless annoying law, I stand by my claim. ::)
Title: Re: The Cookie Law (in the UK at least)
Post by: godboko71 on May 5th, 2012, 06:15 AM
Can't wait for the US to get into these laws should be an interesting clusterf*ck.
Title: Re: The Cookie Law (in the UK at least)
Post by: live627 on May 5th, 2012, 06:54 AM
hehehehe
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 6th, 2012, 12:23 PM
Quote from godboko71 on May 5th, 2012, 06:15 AM
Can't wait for the US to get into these laws should be an interesting clusterf*ck.
As I understand it, US law-makers have been studying the EU's PECR and do intend to implement very similar legislation. And when they do, there will be much wailing and gnashing of teeth throughout the land but I do wonder if some of those brave American souls who've spoken out against PECR[1] will be quite so brave when the legislation affects them also.
 1. Eg as expressed on SMF for example
Title: Re: The Cookie Law (in the UK at least)
Post by: nolsilang on May 17th, 2012, 04:39 PM
Cookies: Majority of government sites to miss deadline
Code: [Select]
http://www.bbc.com/news/technology-18090118
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 17th, 2012, 04:42 PM
I'm not surprised. I still haven't had an answer from the ICO and I have sent another email asking for an update.

I still think the problem can be solved in Wedge's case by a more drastic measure than previously indicated and would have a lot of beneficial effects as a consequence but the shouting that will ensue from users afterwards... I don't want to have to deal with that.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 17th, 2012, 06:56 PM
Quote from Arantor on May 17th, 2012, 04:42 PM
I'm not surprised. I still haven't had an answer from the ICO and I have sent another email asking for an update.
I was about to ask you about that!

It's not good that Government sites won't be in compliance as like the rest of us, they have had a year's grace. They really should be setting a good example.
Quote
I still think the problem can be solved in Wedge's case by a more drastic measure than previously indicated and would have a lot of beneficial effects as a consequence but the shouting that will ensue from users afterwards... I don't want to have to deal with that.
Would you care to elucidate?  :)

I had a quick look at the WordPress plug-in and have to question whether it is a compliant solution. Seems to rely on a third-party site with which your site must register and it simply displays a message with an "accept" button but doesn't seem to be a way for your site to determe whether a given user has accepted cookies (if so, which). I suspect it's a means of collecting marketing intelligence in disguise.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 17th, 2012, 07:06 PM
The more drastic solution I've proposed is the one that obliterates all tracking of any kind for non-logged-in users. You lose the ability to see how many guests there are and what they're doing, but you gain a massive performance boost and instant compliance. You also get some SEO benefits to not having to munge the session ID around.

That aside, it would be trivially possible to be absolutely compliant with the rules with almost no work by having the session ID pushed to the URL but that does raise issues for SEO. And you can imagine how many people won't like the idea of not knowing how many 'guests' there are, which means there's a debate on how to judge how active a forum is.

But it would absolutely solve all the problems by then making cookies required only to be logged in, and if you don't agree with that, you don't get to be logged in, simple as.

What I am seeing, though, is sites simply refusing access without cookies and being done with it, such as Games Workshop's site was doing last night when I looked, which is entirely legitimate as I understand it - but it spells doom for search engines.
Title: Re: The Cookie Law (in the UK at least)
Post by: nolsilang on May 18th, 2012, 11:26 AM
Is this any good?
Code: [Select]
http://civicuk.com/cookie-law/index
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 18th, 2012, 01:08 PM
Apart from the fact that it disappears real quick and is not particularly obvious or obtrusive...

Thing is, the little UI tweaks are just variations on a theme, there are far larger matters to attend to in both SMF and Wedge. (I don't believe, for example, that emanuele's mod fixes a side bug in SMF where the PHPSESSID cookie gets set for 6 years)
Title: Re: The Cookie Law (in the UK at least)
Post by: nolsilang on May 18th, 2012, 05:49 PM
Code: [Select]
http://www.pcpro.co.uk/news/enterprise/374734/ico-no-fines-for-breaking-cookie-rules

I'm still looking for official news, all links about this "no fines" lead to this news.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 18th, 2012, 05:55 PM
Yeah, The Register is reporting similar: http://www.theregister.co.uk/2012/05/18/cookie_law_ico/

But the most amusing part is one David Evans, a rep for the ICO...
Quote
Asked whether the ICO thought users knew enough to be able to consent to cookie agreements, Evans said: "We're not asking that user education has to give everyone a masters in computer science." He added that the legal definition of consent did not ask for proof that users understood what they were doing.
That last part is very interesting... and makes the whole thing basically irrelevant. Argh, so much time wasted, hardly surprising they haven't responded to my email yet.


The best one, though, is a comment in response to that article.

http://forums.theregister.co.uk/post/1414984
Quote
Well, if you have a gripe against a particualr website
Why not complain to the ICO? At least then your grumbling over their uselessness will be based on actual experience.
Meantime, is it too polite to term this whole episode as an omni-shambolic barrel of cluster-fucking monkey-shite?
Title: Re: The Cookie Law (in the UK at least)
Post by: nolsilang on May 18th, 2012, 06:03 PM
Maybe the goverment will do it after all the government sites comply, so it just postponed. Better safe than sorry
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 18th, 2012, 06:13 PM
It's not likely that the government sites are going to comply any time soon, by the looks of it.

For my part I'd be quite happy to ditch the whole session cookie in Wedge so we're compliant by default, as it were, but I don't think that's going to go down so well...
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on May 18th, 2012, 06:19 PM
Lulz this last page... ;)
Problem fixed. As I predicted!
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 18th, 2012, 06:28 PM
Well, the problem's still there, it's still written into law, and just because the ICO is toothless doesn't mean it won't try gumming people for compliance.

If a test case does emerge, though, and the ICO does issue a penalty, it might have an effect...
Title: Re: The Cookie Law (in the UK at least)
Post by: nolsilang on May 20th, 2012, 06:18 PM
It seems quite annoying
(http://i.imgur.com/IfwUZ.png)
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 20th, 2012, 06:39 PM
Interesting approach. Note that they're essentially saying 'you cannot use this site until you at least agree to cookie use'.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on May 20th, 2012, 06:59 PM
Splash pages on websites?! Great Scott! Marty, we're back in 1985!!
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 20th, 2012, 06:59 PM
Yup yup, and with all the SEO nightmare attached to that, of course. But in this case it doesn't matter as it's not really stuff designed for search engines.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 20th, 2012, 07:36 PM
Quote from Arantor on May 20th, 2012, 06:39 PM
Interesting approach. Note that they're essentially saying 'you cannot use this site until you at least agree to cookie use'.
I think the reality is that this will be the norm and it's pretty much what I've done with my sites. I know you're concerned about SEO and spiders but they seem unaffected and happily munch their way through our content.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 20th, 2012, 07:37 PM
Well, that's the thing - if you force users to agree to cookies before you get to any content, you're permanently going to be blocking spiders, no?
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 20th, 2012, 09:47 PM
Depends on how you do it. I've added a small amount of code in index.template.php which tests to see if cookies have been accepted and if not, the main menu bar isn't displayed[1]. That lets spiders crawl the message content - and there's a sitemap to help them - and they can get at our (Aeva) gallery.

I *think* we're compliant - and thanks, btw, for the heads-up on Nibongo's multi-quote mod whose cookie I've now added to our list.
 1. Most actions are blocked in index.php by Emanuele's mod, if cookies haven't been accepted.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 25th, 2012, 07:38 AM
There is one aspect that has not been addressed at all. Many browsers are configured by their users to send a "Do Not Track" code in the request header. It should be noted that "Do Not Track" is an American initiative and may well form the basis of Cookie Laws there.

"Do Not Track" can be tested server-side by the following code:

Code: [Select]
$DoNotTrackHeader = "DNT";
$DoNotTrackValue = "1";

$phpHeader = "HTTP_" . strtoupper(str_replace("-", "_", $DoNotTrackHeader));

if((array_key_exists($phpHeader, $_SERVER)) and ($_SERVER[$phpHeader] == $DoNotTrackValue))
{
        // Do Not Track is enabled
}

else
{
       // Do Not Track is not enabled
}

As the default browser setting is "off" (ie DNT is not set), the user has made a conscious decision that he doesn't want to be tracked as he goes from web site to web site. Currently trackers such as Google do not honour this setting but should we do so? I ask this because a user may have a perfectly valid complaint if he has already enabled "Do Not Track", has accepted SMF Cookies and discovers that Google Analytics (or tracking cookies) have been set.

It might therefore be wise to test for DNT and not include the GA code in Subs.php when serving the page if DNT is set.

Mark
Title: Re: The Cookie Law (in the UK at least)
Post by: nolsilang on May 25th, 2012, 07:51 AM
Another implementation
(http://i.imgur.com/bfh2b.png)
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on May 25th, 2012, 08:22 AM
Err... Since when do we have GA code in Wedge anyway? :lol:

The only thing I don't understand is that I regularly get GA cookies in Opera on my Wedge.org tabs, and I don't have GA anywhere on Wedge.org, so where does that come from..?!
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 25th, 2012, 11:49 AM
@Ox - The BBC is using Geo-location to determine whether or not to seek cookie acceptance which better minds than mine reckon is a bit dangerous.

@Nao - I'm not suggesting that Wedge will serve GA cookies "out of the box" but someone's bound to write a plug-in for GA as there will be those who want it. And yes, Wedge.org is, or has been, definitely setting GA cookies.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 25th, 2012, 12:30 PM
The Noisen code seems to include Google Analytics, but the Wedge mainline code certainly does not, and I'm assuming that the cookies are still legacy of that.

FWIW I never visited Wedge.org on this PC until after the change to Wedge itself and I do not have the GA cookies present.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on May 25th, 2012, 01:12 PM
Probably the case yeah.
But then again -- my latest Opera (a relatively fresh install) has the umtc stuff in my cookie list for wedge.org, even though, well, you can't say it's an old install of Opera... Right?
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on May 25th, 2012, 04:23 PM
Quote from markham on May 25th, 2012, 11:49 AM
@Ox - The BBC is using Geo-location to determine whether or not to seek cookie acceptance which better minds than mine reckon is a bit dangerous.
Don't look like Geo-location, I am in the USA and getting the same message on the BBC website.

Yay we are starting to censor communication more and more. I am thinking about writing a letter to your government who set up this law and tell them they are setting a bad example for the rest of the world. This is BS that you all have to code around this just for a few that are tracking users for unjust purposes.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on May 25th, 2012, 05:37 PM
Same in France.
Amusingly, they also store a cookie to keep your cookie preferences, even if you said you don't want any cookie... :lol:
Title: Re: The Cookie Law (in the UK at least)
Post by: nolsilang on May 25th, 2012, 05:50 PM
A service from Cloudflare for cookie law
Code: [Select]
techcrunch.com/2012/05/25/cloudflare-to-launch-service-for-sites-dealing-with-tortuous-eu-cookie-law/
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 25th, 2012, 06:34 PM
Quote from nend on May 25th, 2012, 04:23 PM
Yay we are starting to censor communication more and more. I am thinking about writing a letter to your government who set up this law and tell them they are setting a bad example for the rest of the world. This is BS that you all have to code around this just for a few that are tracking users for unjust purposes.
Hey - don't blame us, we didn't invent this law! Blame the EU and in particular the Danish Commissioner who dreamt-up this load of malarkey.

Don't forget that "Do Not Track" is an American 'initiative' that could well be law[1]. And aren't Facebook and Google American corporations? But for them and their ilk, none of this would be necessary!  :P
 1. Strange isn't it, that all the later web browsers support DNT but few of them handle cookies correctly.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 25th, 2012, 06:44 PM
I also think the people complaining about this law are also missing the point... it's not a law that's in the works - it's been law for a year, but not enforced at all until tomorrow.

There were complaints made at the time it was in the works. I wrote to my MP, though why the hell I thought that would make any difference, I have no idea...
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on May 25th, 2012, 06:57 PM
I have been trying to fight my government on some of these ridiculous laws also. However one of the ways to fight them is to help others in other countries fight for their rights too. If you notice one country does it then the others follow, so maybe it is a matter a time til the USA does this. I feel if we can prove some of these laws useless then we might have a fighting chance at stopping them where they started.
Quote from markham on May 25th, 2012, 06:34 PM
Quote from nend on May 25th, 2012, 04:23 PM
Yay we are starting to censor communication more and more. I am thinking about writing a letter to your government who set up this law and tell them they are setting a bad example for the rest of the world. This is BS that you all have to code around this just for a few that are tracking users for unjust purposes.
Hey - don't blame us, we didn't invent this law! Blame the EU and in particular the Danish Commissioner who dreamt-up this load of malarkey.
Not blaming anyone here, maybe I came out misunderstood. Our government structures are more than likely different, so don't really know who is responsible for anything over there.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 25th, 2012, 07:03 PM
Well, I think we need to see really how this law gets enforced before we can say any further. I suspect this law will turn out to be somewhat toothless.
Title: Re: The Cookie Law (in the UK at least)
Post by: nolsilang on May 27th, 2012, 04:43 AM
Code: [Select]
http://h30565.www3.hp.com/t5/UK-Edition-start-here/Hurrah-ICO-flip-flops-on-UK-cookie-consent-law/bc-p/4111
Quote
However, the ICO has flip-flopped at the last minute, now saying that "Implied consent is a valid form of consent."

With these innocent-sounding eight words, the ICO has radically shifted the goalposts for most website owners. Depending on the context, there may now be no need to get users to click a button or checkbox, as long as your users understand that using the site will result in cookies being used.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 27th, 2012, 02:44 PM
Which is all well and good for registered users. I see nothing that indicates that the session cookie has implied consent whatsoever, and certainly nothing that indicates the other cookies, that this law is meant to banish, will be permitted through 'implied consent'.

I tried reading the advice given, but that's just maddeningly unhelpful.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 27th, 2012, 08:30 PM
One of the big problems with this law is the lack of precise definitions. Take "tracking cookie" as an example; what exactly does that mean? Does it mean only a cookie that is used to track your navigation along the information superhighway, or does the definition include cookies that track your movements within a given web site such as Wedge/SMF's session cookie?

I believe that clarification regarding session cookies was one of the questions Arantor asked in his so far unanswered email to ICO. But if a session cookie is classed as a tracking cookie, then surely the main SMF cookie is too.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 27th, 2012, 09:13 PM
Yup, even though it's only tracking what a user is doing 'right now', it's still got a privacy concern attached.

But just for fun, and in defence of the thing I keep arguing in favour of, the number of guests now becomes hilariously inaccurate now, as feline indicated 70% or so of guests don't agree to the ECL thing, in which case the number of guests reported is probably only 30% of the number of actual guests... so why bother keeping it?
Title: Re: The Cookie Law (in the UK at least)
Post by: billy2 on May 28th, 2012, 11:47 AM
Got an email from one UK forum I use, goes as follows -
Quote
You are receiving this as a registered member of my internet forum. While we do not email users as a rule, we are required to update all registered users of our adherence to the new UK and European law in regards to our use of cookies on the site.

When registering to join as a member, you have already given express consent to our use of cookies as stipulated in our Privacy Statement (/forums/content/section/177-privacy-statement.html).

Further information about how the site uses cookies can be found here - /faq.php?faq=vb3_board_usage#faq_vb3_cookies

Your continued use of the site will be taken as a reaffirmation of your consent to us using cookies and storing them on your computer.

Regards
Thought you might be interested
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 28th, 2012, 11:51 AM
Now I'm getting a bit confused: both Emanuele's ECL Mod and Live627 changed loadSession() to prevent cookies being set - but using different criteria[1] and yet guests are still being shown in "Who" and, where possible, what they are currently doing. This is the behaviour I believe many/most of us would prefer to retain.

That said though, I accept that the number of guests may be misleading. I have found, for instance, that not all Microsoft's bots identify themselves as such and that there may be others (even though I've added all known ones to the spider table). So that I understand the issues surrounding guests, are there any other circumstances that would make the number of guests online simply a guestimate?
 1. Emanuele's mod tests for the existence of the "cookie acceptance" cookie whilst Live627 (I think) tests if the session to be started is for a guest.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 28th, 2012, 02:43 PM
@billy2: I would argue that that's acceptable within the bounds of implied consent.

@markham: The number of guests shown in Live's case is thoroughly misleading, I think. The problem is, it's thoroughly misleading in both directions, because it does actually fall back to Nao's suggestion of using IP addresses for tracking.

But without the session linking them together, if you make two requests, with a different IP address between them, that's now two guests, not one.
Title: Re: The Cookie Law (in the UK at least)
Post by: feline on May 28th, 2012, 08:59 PM
you have to exit the WriteLog() if a Guest don't have accept the ECL .. if don't do that, a lot of errors occurs because it's no session created at this time ...
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 28th, 2012, 09:45 PM
Quote from feline on May 28th, 2012, 08:59 PM
you have to exit the WriteLog() if a Guest don't have accept the ECL .. if don't do that, a lot of errors occurs because it's no session created at this time ...
Yup, that's one of the changes included in Emanuele's mod....
Title: Re: The Cookie Law (in the UK at least)
Post by: feline on May 28th, 2012, 11:23 PM
yeah .. but there more mistakes in emanuelas mod .. I posted that in the thread
Title: Re: The Cookie Law (in the UK at least)
Post by: live627 on May 29th, 2012, 12:29 AM
Quote
whilst Live627 (I think) tests if the session to be started is for a guest.
Close. Although that is correct from a user's viewpoint, the code checks to see if the login cookie has been sent.
Quote from feline on May 28th, 2012, 08:59 PM
you have to exit the WriteLog() if a Guest don't have accept the ECL .. if don't do that, a lot of errors occurs because it's no session created at this time ...
Yes, that's right. Actually, more than that function assume the session is loaded. I'm still fixing loose ends, even though  it is now six days since I did the cookie change.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 29th, 2012, 03:43 AM
Quote from feline on May 28th, 2012, 11:23 PM
yeah .. but there more mistakes in emanuelas mod .. I posted that in the thread
They are all fixed in his latest version I believe.
Title: Re: The Cookie Law (in the UK at least)
Post by: feline on May 29th, 2012, 11:20 AM
WAP/WAP2/IMode is not handled I think .. and you can login/register without accept the ecl. That's not correct I think ...
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on May 29th, 2012, 12:33 PM
FYI the latest .Net issue has a couple pages on the cookie law. They mention the solution adopted by BT, too (implied consent.)
Title: Re: The Cookie Law (in the UK at least)
Post by: live627 on May 30th, 2012, 07:04 AM
Quote from feline on May 29th, 2012, 11:20 AM
WAP/WAP2/IMode is not handled I think .. and you can login/register without accept the ecl. That's not correct I think ...
The bare minimum is covered, no? That a user (and spider) can access the site without having to deal with cookies.
Title: Re: The Cookie Law (in the UK at least)
Post by: feline on May 30th, 2012, 01:39 PM
Quote from live627 on May 30th, 2012, 07:04 AM
The bare minimum is covered, no? That a user (and spider) can access the site without having to deal with cookies.
Well .. you can make a work on the minimum or you can make a work 100% ..
I prefer the last :)
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on May 30th, 2012, 01:44 PM
What are you doing here anyway, feline? I thought you had no interest in Wedge "if you weren't given half of the rights over it"... :^^;:

As you would say, "To browser these website, it's necessary to give us cookies and explain yourself." :lol:
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 30th, 2012, 04:19 PM
Hey, I thought it was nice to see feline... I mean, she and I *actually agreed* on something the other day! It's also nice to have discussions with people who are aware of all the consequences of changing some of the things I've speculated about, because in my case they were only speculative rather than attempted...


In Wedge's specific case, there is no WAP/WAP2/imode to deal with, so we only need to worry about the one codepath for users.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on May 30th, 2012, 07:44 PM
I just think that considering how she regarded me (if not both of us) back when we started work on Wedge, even though I was inviting her to share her feelings about our fixes to *her* specific problems with SMF, the least I deserve from feline is an apology...
Title: Re: The Cookie Law (in the UK at least)
Post by: PantsManUK on May 31st, 2012, 04:47 PM
Just for a bit of perspective - http://www.lloydstsb.com/cookie_policy.asp

They've sent you six cookies across two domains before you get to read this, a clear violation of the regulations (feel free to complain to the ICO if you're in the EU), but otherwise their information is really good: you have a browser, you control your browser, this is how to delete cookies in your browser.
Title: Re: The Cookie Law (in the UK at least)
Post by: feline on May 31st, 2012, 04:57 PM
For what I want to apologize to you, Nao?
That I have a clear idea of what I will do what?
I've never personally attacked you and I respect what you do.
And that, I think, I can also expect from you ...
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 31st, 2012, 05:02 PM
@feline, what Nao is getting at is back when Wedge was still very young and fragile, we were interested in having you on board but you basically told us that you weren't interested in being involved unless we turned over half the rights to you.

@PantsMan, nice to know how messed up the banks are about this.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on May 31st, 2012, 05:04 PM
Quote from feline on May 31st, 2012, 04:57 PM
For what I want to apologize to you, Nao?
That I have a clear idea of what I will do what?
I've never personally attacked you and I respect what you do.
And that, I think, I can also expect from you ...
You don't seem to remember do you..?

Back in late 2010 I think, I offered you to join our private forum to share your ideas about what SMF should be. Then you said you'd only share your ideas once we give you "half ownership of Wedge".
Which was a bit 'expensive' for some text that you already posted on sm.org for free, if I may say...
It even led me to ignore your posts, suggestions and requests on sm.org from that point on.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on May 31st, 2012, 05:20 PM
Getting back to the topic :), I've found that a site by the name of live.com sets a cookie that can not be deleted. Possibly the expiry date is the reason?

Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 31st, 2012, 05:22 PM
Would seem like it, but on the other hand, your browser should still allow you to remove it. Unless you're using IE, in which case it may or may not allow you to (seeing that Live.com is owned by MS IIRC)
Title: Re: The Cookie Law (in the UK at least)
Post by: PantsManUK on May 31st, 2012, 05:57 PM
Got eight cookies from them when I visit the live.com landing page, but no problems deleting any of them in Chrome Dev.
Title: Re: The Cookie Law (in the UK at least)
Post by: feline on May 31st, 2012, 08:35 PM
Quote from Arantor on May 31st, 2012, 05:02 PM
@feline, what Nao is getting at is back when Wedge was still very young and fragile, we were interested in having you on board but you basically told us that you weren't interested in being involved unless we turned over half the rights to you.
That's right .. I have a couple of years the PortaMx corp. established, with which I earn my money. If I now investing a lot of time into other projects (such as Wedge), I lose a lot of money. So I offered to be involved to 50% on Wedge, so as to achieve a balance. That's probably not too objectionable ...
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 31st, 2012, 08:40 PM
You didn't explain that at the time, you just said unless we turned over half the rights to you, you weren't interested - and given how things had just happened with us and SMF, we weren't even remotely interested in sharing anything.
Title: Re: The Cookie Law (in the UK at least)
Post by: feline on May 31st, 2012, 10:31 PM
Well .. It's possible that I have not explained in detail, is already too long ago. Also, I had enough work with our portal software in addition to the "normal" work. Today our Business part is well established and I have more time for other projects. But I am not and never angry, neither you nor against Nao ..
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on May 31st, 2012, 10:41 PM
I hope you can see where our position at the time was, though - that was the summer after the SMF project nearly imploded, that Wedge started, and then vbgamer ripped me off and publicly called me a liar... we were very wary of being taken advantage of, and we still are, really... (it's why Wedge still has the same basic licence as SMF 1.1.x and the reason we're not allowed to publicly discuss much about Wedge at sm.org)
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on June 1st, 2012, 12:08 AM
Quote from feline on May 31st, 2012, 08:35 PM
That's right .. I have a couple of years the PortaMx corp. established, with which I earn my money. If I now investing a lot of time into other projects (such as Wedge), I lose a lot of money.
Programming work is not the same as suggesting improvements or reporting bugs etc. We never offered any developer positions to anyone (so far), and no one has invested (or had to invest, thankfully!) more than a quarter of the time we spent on Wedge in the end.
Quote
So I offered to be involved to 50% on Wedge, so as to achieve a balance. That's probably not too objectionable ...
That would assume that we make, or plan to make, money from Wedge...
But it was never in our plans, either. (And I'm starting to regret that, after two years of hard work on the project...! :^^;:)
Title: Re: The Cookie Law (in the UK at least)
Post by: feline on June 1st, 2012, 09:35 AM
Everyone has his attitude and his plans and that's a good thing.
But everyone should also accept the decisions of others and not (as is often done) to insulting the other, just because he has a different opinion.
I think we should accept and respect each other .. that would be a good start :)
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 4th, 2012, 09:43 AM
IE 10 which is included in the Windows 8 Preview, has Do Not Track set "on" by default and follows the W3C 2011 Draft Submission(http://www.w3.org/Submission/2011/SUBM-web-tracking-protection-20110224/#dnt-uas) for its implementation - which is the same as used by Firefox[1]. The Submission is quite unequivocal:
Quote
Websites that track users across multiple first-party websites must check for the presence of the Do Not Track user preference(http://www.w3.org/Submission/2011/SUBM-web-tracking-protection-20110224/#dfn-do-not-track-pref). If a website detects that this preference is enabled, it must disable any tracking code or collection of data that can be used for tracking purposes, regardless of the level of identification of the user.
 1. "DNT: 1" in the HTML header.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 4th, 2012, 03:48 PM
And that doesn't actually apply to us at all, as it happens.

A single Wedge install is not one-of-multiple first party websites. It does apply to the likes of Google Analytics of course and is by far a better solution than this bloody shambles.

The only time it would really come into play is for analytics type plugins for adding GA etc.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 5th, 2012, 09:41 AM
Quote from Arantor on June 4th, 2012, 03:48 PM
And that doesn't actually apply to us at all, as it happens.

A single Wedge install is not one-of-multiple first party websites. It does apply to the likes of Google Analytics of course and is by far a better solution than this bloody shambles.

The only time it would really come into play is for analytics type plugins for adding GA etc.
What we have are two quite separate but related provisions, one of which is law and the other may be in future. So I'm wondering how Wedge will handle this. In my somewhat simplistic view, basic cookie handling should be a core function and, out of the box, an admin can enable either Cookie Law and/or Do Not Track handling. Along with that would be a hook that plug-in authors could/should use to determine whether cookies can be set: the plug-in can call the integration hook with either "tracking" or "non-tracking" as its parameter and get a boolean response as to whether it can set the cookie.

There are wider questions such as: does a Do Not Track setting override a user's acceptance for cookies on a given site or should websites honour that setting regardless? My personal view is that it should as the user has already made the choice not to be tracked.

I really don't think we can count on the ICO's "impled consent" provision being around for too long, possibly a year if that.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 5th, 2012, 12:47 PM
I'll say this again: Wedge does not have to care at all about DNT.

It is irrelevant to Wedge out of the box whether DNT is enabled or not. DNT is to prevent information being shared across multiple first-party sites. Wedge is not designed to be multi-first-party. The only time that is even potentially an issue is if someone manages to mash up multiple sites with a single-sign-on controlled by a single cookie, a vastly complicated and unreliable process at the very best of times. Wedge out of the box does not offer this (and is unlikely to ever do so), thus from my perspective, Wedge neither has no requirement or place in doing anything for DNT.

Does a DNT setting override a user's acceptance for cookies? If the cookies are not multiple-first-party cookies, then no, it does not override it. DNT is for tracking across multiple sites.

The thing is, DNT is designed by people who actually understand how the internet works, and it is designed with user choice, and reasonable technical implementation in mind.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 11th, 2012, 11:04 PM
Hoo-bloody-ray, I got an answer from the ICO.

I've added quote tags to clarify which parts are from my email and which parts are their reply. They could have formatted it or something, but I guess that was too complicated.
Quote
11 June 2012.
 
Dear Mr Spicer,
 
Thank you for your emailed correspondence to the Information Commissioner’s Office (ICO), dated 20 April 2012, regarding the new rules on cookies under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) (PECR).
Quote
“I'm a developer attached to a project that builds discussion forum
software, and I'm trying to get some guidance on whether the software we have is compliant with the cookie laws or not, since the guidance is very confusing.

I would note also that our package ('Wedge') is derived from an existing US-based development ('SMF') and shares much of the same code including the cookie management. I should also note that SMF's developers have absolutely no plans to add any facilities for managing cookie privacy, so that UK site owners which use SMF will be left non-compliant, and not through their own fault.

Currently, Wedge offers two cookies, one is a session cookie created
automatically for guests. The session cookie is not shared with any
third party. The cookie itself is simply a session ID, though the
session ID allows for counting how many non-registered users are
visiting, and also the last action carried out by that session can also
be logged, meaning that site administrators can identify what topics of discussion a given user is viewing.

When a user actually logs in, a second cookie is deployed. Due to a bug, the first cookie is not erased, though it is not used when this second cookie is. The second cookie is more persistent, however the user is asked how long the session should persist for. This particular cookie carries two items of information, namely the user id of the logged in user, and their session ID. (The user id is carried through primarily for performance, though either way, that session ID is tied to a user account.) It is also possible for administrators to view the actions being carried out by logged in users.”
The new regulations are as follows:
 
“6.
 
A person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met
 

 
(2) The requirements are that the subscriber or user of that terminal equipment- 
 
(a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
 
(b) has given his or her consent.”


The more persistent a cookie is, the clearer the information needs to be in order to obtain valid consent. More persistent cookies are likely to be more intrusive, and therefore the level of consent needs to be greater.
Quote
“Now, there is a note in the standard registration agreement text, which reads: "Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer."

I recognise that this is not sufficient for compliance and that
something more obvious will be required.
When using terms and conditions to obtain consent, those terms and conditions must be actively accepted (as opposed to terms and conditions which are simply available on a website for viewing).  Where someone has to actively accept terms and conditions (for example, ticking a box as part of a login or registration process) then that can indicate consent.
 
It is important to remember that whilst the cookie rule requires information about cookies to be available to users, it also requires consent to the use of cookies to be obtained (where the exception is not met).  On this basis, while making information available in an online document will satisfy the first part of the rule, it will not meet the consent requirement.
Quote
“Anyway, this at least is the current position, and I would note that
pretty much all of the discussion forum platforms offer a similar
collection of features, and to the best of my knowledge, none of them are compliant at this time, and I do not believe there are plans to address that, meaning that site owners are likely to place themselves at risk by using any of these software packages.”
We are aware that there are a number of issues with this type of software.
 
Accordingly, we would at the very least expect that the requirement of Regulation 6(2)(a) is met (that is, the provision of clear and comprehensive information about the purposes of the storage of, or access to, information stored on or accessed from the equipment of the subscriber or user).
Quote
“My understanding of the cookie laws is that the registered-user cookie would be acceptable, by expressly asking for consent during registration so that on creating the user account, it would be clear that consent had been given.”
I can confirm that, if implemented appropriately, the above appears likely to be a valid method of obtaining consent.
Quote
“With respect to the session cookie, I am not clear as to whether this is acceptable or not. We will work on the issue where the session cookie is not removed as promptly as it should be, but given that its primary use within the system is to identify the number of active users who are not currently signed in (and potentially the action they are carrying out), it seems to me that we should ask for consent and not issue if it not given. I do note that the software will be used by people not based in the EU as well as people based there (the core development team consists of one person in the UK and one in France)”
The new rules apply to UK established organisations operating websites using cookies irrespective of whether site users are based in the UK. For example, an organisation established in the UK with an online presence entirely focussed on countries outside the EU would still be required to comply with the new rules on cookies.
 
We would recommend consulting page 6 of the following guidance in respect of the timing of consent:
 
Download the ICO's cookies guidance (pdf)(http://ico.gov.uk/news/blog/2012/~/media/documents/library/Privacy_and_electronic/Practical_application/cookies_guidance_v3.ashx)
Quote
“I am concerned, also, with respect to the logging of actions. The
tracking is not entirely real time, but 'most' page views (certain
internal actions are excluded, and there is a threshold whereby making page views in that time will not be logged, typically views less than 8 seconds apart) are logged, and it is tied to the session ID (regardless of being signed in or not). My concern is that currently we are not advising users that this is being done, and that unlike general access logs, it is tied to a user, and could readily be argued to be personally identifiable. I would note that this can be disabled by the site operator, though it is enabled by default.

On a related note, that same session log is also able to identify
whether a given user is signed in or not and that information is often made available to all users (visually), even though every user has the option to 'hide' the fact that they are online from the general population, site operators will be able to see that fact regardless.”
The above scenario raises wider privacy concerns not specifically addressed under the new rules on cookies, but by the Data Protection Act 1998 (DPA98).
 
The DPA98 is specifically concerned with the processing of personal data. “Processing” includes obtaining, holding, recording, disclosing or using personal data in any way. Personal data is data which relates to and identifies a living individual. The DPA98 imposes eight Principles of “good information handling” on organisations responsible for processing personal data (“data controllers”).
 
The First Principle states that personal data must be processed fairly and lawfully. The First Principle goes on to state that personal data cannot be processed fairly unless the data controller ensures, as far as possible, that the individual has, is provided with, or has made readily available, the following information:
 
The identity of the data controller;
The purpose, or purposes, for which personal data will be processed;
Any further information necessary, in the specific circumstances, to enable the processing in respect of the individual to be fair.
 
The above information is generally provided to individuals in the form of a “fair processing notice” or “privacy notice” when their personal data is first collected.
 
For further information, please use the following link:
 
Privacy Notices Code of Practice(http://www.ico.gov.uk/for_organisations/data_protection/topic_guides/privacy_notices.aspx)
 
I trust this response has been helpful. If you require any further assistance, please contact me at: Casework@ico.gsi.gov.uk. In the subject field of your email please include the following text (including the square brackets) [Ref. XXXXXXXXXX], replacing the ‘X’ characters with your case reference number, including its three character prefix. This will add your email to the other information you have already sent to us about your case, and should occur automatically if you click the ‘reply’ button.
Well, that's maddeningly unhelpful, because they're not covering as to whether our cookies are or are not intrusive. They're all first-party cookies, however, so that's something to be thankful for!


1. We can't realistically mandate users accepting cookies before entering the site (because it excludes search engines entirely), so we will need to investigate the ECL type mod that Emanuele and feline worked on, simply because it's something we will need to look at doing.

2. Accepting cookies via registration allows for the extended cookie, however we should probably be explaining to users a bit more.

3. I'm thinking a general privacy policy (perhaps even user-editable) should be available in the forum. I'd argue for that regardless, actually.

4. The person writing the reply doesn't really understand what I'm talking about anyway.

5. It's not clear about the whole who's online issue, but that it would be covered by the privacy policy generally to log that.


I still think dropping sessions for guests would save a lot of hassle all around, even though it makes who's online only useful for registered members and up.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on June 12th, 2012, 12:01 AM
Meh. :(
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 12th, 2012, 09:36 AM
Quote from Arantor on June 11th, 2012, 11:04 PM
Well, that's maddeningly unhelpful, because they're not covering as to whether our cookies are or are not intrusive. They're all first-party cookies, however, so that's something to be thankful for!


1. We can't realistically mandate users accepting cookies before entering the site (because it excludes search engines entirely), so we will need to investigate the ECL type mod that Emanuele and feline worked on, simply because it's something we will need to look at doing.

2. Accepting cookies via registration allows for the extended cookie, however we should probably be explaining to users a bit more.

3. I'm thinking a general privacy policy (perhaps even user-editable) should be available in the forum. I'd argue for that regardless, actually.

4. The person writing the reply doesn't really understand what I'm talking about anyway.

5. It's not clear about the whole who's online issue, but that it would be covered by the privacy policy generally to log that.


I still think dropping sessions for guests would save a lot of hassle all around, even though it makes who's online only useful for registered members and up.
I have just completed an implementation of ECL for a British-owned Forum for expats and visitors to the Philippines. Although the site is currently hosted in the US, its owner intends moving it to an ISP in the UK shortly. You are very welcome to visit the site, Live in the Philippines Forum(http://liveinthephilippinesforum.com), and see how I've implemented the regulations and take away and use any ideas.

My implementation goes a bit further than Emanuele's mod:
It's not the prettiest of implementations but it is effective; Javascript and CSS are "black arts" as far as I am concerned! It would be far better if the initial cookie acceptance dialog was coded in Javascript in a similar fashion to the "confirm()" dialog, but alas, that's beyond my limited capabilities.


Mark
 1. and was announced after I had completed the implementation in any case
 2. The current Registration Agreement is also available post-registration under the "About Us" menu option
 3. It would have been cleaner and likely more satisfactory to use the menu item's "show" property but this would only work for menu items that are coded in Subs.php and not for those that are added by integration.
Title: Re: The Cookie Law (in the UK at least)
Post by: emanuele on June 14th, 2012, 01:51 PM
/me's knowledge of English is far from perfect and legal matters make his head hurt...
BTW, regarding the part about privacy, if I'm not too wrong the email addresses are usually considered a personal information. In that respect SMF (don't know Wedge) should show something to guests when they are allowed to post I think...

/metakes a note
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 14th, 2012, 03:28 PM
As far as the DPA goes, they're not considered personal information. But I agree that something should be shown to guests when posting.
Title: Re: The Cookie Law (in the UK at least)
Post by: Norodo on June 14th, 2012, 05:23 PM
Seriously, fuck this. This can be a plugin. Most of us don't really give a shit about UKs rampant idiotic laws. Sorry for the harsh language, but stupid legislation annoys me to no end. At least make this "feature" toggleable. I don't like cluttering stuff just to please buerocratic imperialistic dimwits.

Cheers.

PS: I mean no disrespect to the English people, you're all grand.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 14th, 2012, 05:49 PM
Yes, that's right, ignore the crap out of it until the rest of Europe implements it. Is it then something to ignore? What about when the US inevitably introduces something similar?

Will you be so brave about ignoring it then?

The other thing is that the plugin architecture is not as flexible as SMF, mods cannot modify any line of code they choose, so making this a plugin is at least as difficult as it is in SMF, and possibly more so.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 14th, 2012, 06:19 PM
Setting cookies are no different then RFID's, how is it they are trying to frown on one and not the other. IMHO this law is BS and I still believe if any consent should be done it should be done on the client end and not the server.

We are delivering content, we shouldn't be responsible for figuring out these stupid cookie laws. What we are going to do soon read a 1,000 page manual of all the laws of the internet just to set up a personal webpage. Talk about some real treats to freedom of speech.

What I really hope happen is this law goes down the drain.

So would I like to see it as a software solution? I have to be honest here if a software is built around this then IMHO it isn't worth installing. If a software has this as a portion of it it must be configurable and not interfere with the software if disabled. Mainly this is worthy of a plugin and not a core component.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 14th, 2012, 06:22 PM
Quote from Norodo on June 14th, 2012, 05:23 PM
Seriously, fuck this. This can be a plugin. Most of us don't really give a shit about UKs rampant idiotic laws. Sorry for the harsh language, but stupid legislation annoys me to no end. At least make this "feature" toggleable. I don't like cluttering stuff just to please buerocratic imperialistic dimwits.

Cheers.

PS: I mean no disrespect to the English people, you're all grand.
Umm, it's not exactly a UK law but rather a Europe-wide one which has, in fact, been around for the last ten years[1] but has only recently been implemented by three member nations so far. The rest of the EU has a limited amount of time to introduce the required enabling legislation. As Arantor says, similar provisions will very likely be enacted in the US and other first world nations will follow. Even the Philippines, a third world country, is to introduce cookie legislation among a range of other computer and internet-related measures ordered by the President recently.

Having had to do an implementation, I agree that it really should not be in the form of a plug-in.
 1. If my memory serves!
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 14th, 2012, 06:31 PM
You know its little stuff like this that get these movement groups going. The governments only have themselves to blame and if the US does try to implement this law I hope these groups take my government down. I love my country but I hate how its being run into the ground when we have more important issues at hand then the internet.

It's not the entire government but quite a lot in there that don't know anything about the internet or computers. There the old ones that believe change can break things, when it only makes things better. They rather listen to their own uneducated opinions then listen to the ones that know.

You know I am tired of it, if a revolution ever did break out I will be one of the ones dismantling this countries sorry government.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 14th, 2012, 06:41 PM
Quote
Setting cookies are no different then RFID's, how is it they are trying to frown on one and not the other. IMHO this law is BS and I still believe if any consent should be done it should be done on the client end and not the server.
Actually if you read the laws it's not exactly about using cookies. It's about using methods to track users, of which cookies is the most well known and most entrenched. localStorage is mentioned indirectly but because it's not sent automatically every request it's actually much less of a threat.
Quote
We are delivering content, we shouldn't be responsible for figuring out these stupid cookie laws.
Read the laws. You're responsible for the data you're sending. Is it wrong that you should be reasonably accountable for the data that you have control over? That's really what we're arguing about here: the right of site owners not to be held accountable for what data is collected about users. Why should you have that right?
Quote
What we are going to do soon read a 1,000 page manual of all the laws of the internet just to set up a personal webpage. Talk about some real treats to freedom of speech.
While I understand your sentiment, I'm not opposed to *some* regulation, handled sanely. The web is a wilderness as it is, and frankly it would do some good for some proper sane regulation, but no-one can be trusted to enforce it without the inevitable cries of censorship.

What is freedom of speech? Does the right of freedom of speech entitle you to publish content banned in some countries? Is freedom of speech a legitimate defence for 'child porn'? Before campaigning for freedom, you would do well to understand what the flipside of having those freedoms is.
Quote
So would I like to see it as a software solution? I have to be honest here if a software is built around this then IMHO it isn't worth installing. If a software has this as a portion of it it must be configurable and not interfere with the software if disabled. Mainly this is worthy of a plugin and not a core component.
Now you understand my dilemma. I AM IN THE UK, I HAVE TO CONTEND WITH THIS LAW. But not only do I have to contend with this law for my own stuff (which I haven't yet, I would add), Wedge has a responsibility to deal with it too.

But more importantly, as a site owner you have to be responsible about the data you're sending. Is that really such a big deal for you? What the hell happened to accountability and taking responsibility?

Why are so many people wanting to avoid having to take some responsibility for what they're doing? Why, also, are there so many revolutionaries that are all talk and no action? I hear an awful lot of people that want to stick it to The Man, but I don't see anyone much actually doing anything about it.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 14th, 2012, 06:41 PM
Quote from nend on June 14th, 2012, 06:19 PM
Setting cookies are no different then RFID's, how is it they are trying to frown on one and not the other. IMHO this law is BS and I still believe if any consent should be done it should be done on the client end and not the server.
In the case of RFIDs embedded into machine-readable Passports, this was a requirement originally imposed by the US Department of Homeland Security which required machine-readable Passports to be used by all non-US citizens when entering the US. When you apply for a Passport, you are made aware that it will contain a chip encoded with all your personal details and your application is conditional on you accepting that.
Quote
We are delivering content, we shouldn't be responsible for figuring out these stupid cookie laws. What we are going to do soon read a 1,000 page manual of all the laws of the internet just to set up a personal webpage. Talk about some real treats to freedom of speech.
I don't see the connect between the Cookie Law and threats to freedom of speech. The Cookie Law is all about protecting an individual's privacy.

Just to make you feel even hotter "under the collar", the European Commission is likely to issue a new Directive one day quite soon to strengthen the existing privacy and data protection laws. I have seen a draft of the new proposals which includes mention of the use of local storage and web beacons as well as conventional and flash cookies as means to track internet users.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 14th, 2012, 06:47 PM
Quote
In the case of RFIDs embedded into machine-readable Passports, this was a requirement originally imposed by the US Department of Homeland Security which required machine-readable Passports to be used by all non-US citizens those entering the US.
Yes, I had a debate with the passport people about this. And yes, this is exactly why it was implemented, not for EU or rest-of-world benefit.
Quote
I don't see the connect between the Cookie Law and threats to freedom of speech. The Cookie Law is all about protecting an individual's privacy.
It's actually a strawman of sorts. The Cookie Law is being suggested as being the tip of an iceberg whereupon setting a site up will require permissions and increasing amounts of legislation. But right now most of the laws do not have any coverage of online behaviour, at least not thoroughly.
Quote
Just to make you feel even hotter "under the collar", the European Commission is likely to issue a new Directive one day quite soon to strengthen the existing privacy and data protection laws. I have seen a draft of the new proposals which includes mention of the use of local storage and web beacons as well as conventional and flash cookies as means to track internet users.
Actually, the wording of the current directive does reference - but only indirectly - local storage and flash cookies. The wording is sufficiently vague that it could be construed as covering those things, however do note that there are side benefits to their implementation that make them slightly 'better' than conventional cookies as they're not quite so heavily broadcast as regular cookies are.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on June 14th, 2012, 06:52 PM
I'll just say that once again -- cookie laws are done to give some juice to lawyers so they can attack bigger anti-privacy companies. They're not made to piss off people who have a forum, even those who think it's a smart idea to run Google Analytics (the agony!) on it.
So it's basically safe...
And if you ever receive an official notice about it -- then it'll be time to implement that in Wedge.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 14th, 2012, 06:54 PM
Quote from nend on June 14th, 2012, 06:31 PM
You know its little stuff like this that get these movement groups going. The governments only have themselves to blame and if the US does try to implement this law I hope these groups take my government down. I love my country but I hate how its being run into the ground when we have more important issues at hand then the internet.

It's not the entire government but quite a lot in there that don't know anything about the internet or computers. There the old ones that believe change can break things, when it only makes things better. They rather listen to their own uneducated opinions then listen to the ones that know.

You know I am tired of it, if a revolution ever did break out I will be one of the ones dismantling this countries sorry government.
It is pressure from the privacy protection groups that brought about the "Do Not Track" proposal and that places the responsibility of preventing tracking cookies (and other tracking mechanisms) firmly on site owners. That proposal will very likely be enacted in the US - possibly with a variant of the EU Cookie legislation. It will effectively mean that when serving a page, you must actively prevent the serving of any tracking mechanism if that browser setting is enabled.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 14th, 2012, 06:59 PM
Yup, DNT also requires site owners to take action, so even if that gets implemented [1] it *still* requires site owners to actually do something about it.

So, again, brushing aside such measures either indicates that either you actively don't care about (or want) users to have privacy (e.g. for better advertising!) or you actively do not want to take responsibility for what your site is doing. Neither is particularly good for site owners.

I would also note that I consider Google Analytics to be not just invasive but flat out unethical.
 1. Noting full well that the W3C has actively said yesterday it should be off by default even though IE10 turns it on by default.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 14th, 2012, 07:02 PM
Quote from Nao on June 14th, 2012, 06:52 PM
I'll just say that once again -- cookie laws are done to give some juice to lawyers so they can attack bigger anti-privacy companies. They're not made to piss off people who have a forum, even those who think it's a smart idea to run Google Analytics (the agony!) on it.
So it's basically safe...
And if you ever receive an official notice about it -- then it'll be time to implement that in Wedge.
I appreciate that France hasn't yet enacted the required legislation and therefore the issue of Cookies won't be uppermost in your mind. However, if Wedge doesn't have built-in provisions to comply with that law, what are you going to say to prospective Wedge users whose sites are owned by, or operated from, countries that have enabled that law?
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 14th, 2012, 07:13 PM
The argument is that a plugin should be created similar to the one in SMF by Emanuele, except that it's a bit different as it's not possible to modify core behaviour like that with a plugin, meaning we pretty much have to do it in the core - though we can leave it disabled by default.
Title: Re: The Cookie Law (in the UK at least)
Post by: Kindred on June 14th, 2012, 07:22 PM
it is all about stupid people who don't understand how the internet (or computers, in general) work.
Someone said "this site puts a cookie on my machine that stores my frequently used info for that site"
they heard "ZOMG, they are invading our privacy!"

I will not be implementing the SMF version of this, regardless of what the US does...If they feel like coming after me, I'll take them to court over it (and I'll win, guaranteed)
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 14th, 2012, 07:37 PM
Quote from Kindred on June 14th, 2012, 07:22 PM
it is all about stupid people who don't understand how the internet (or computers, in general) work.
It might surprise you to know that not everybody is as computer-literate or internet-savvy as you may be but that certainly doesn't make them stupid.

When I read posts such as yours, I really do wonder if those who are opposed to laws to protect privacy aren't putting their personal prejudices and bank balances before their site users' rights to privacy - and, incidentally, your own right to privacy since I'm quite certain you visit web sites that you don't own or control.
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I will not be implementing the SMF version of this, regardless of what the US does...If they feel like coming after me, I'll take them to court over it (and I'll win, guaranteed)
Words are cheap and it's easy to say when there is no legislation in place. But will you be quite so gung-ho about this issue when (not if) similar laws are enacted in the US? If you really have deeper pockets than a Federal Prosecutor, then perhaps you should donate some of your cash to the US Government to reduce the trillions of dollars of debt :P
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 14th, 2012, 07:38 PM
I think most of the people arguing in this thread don't actually understand what the wording of the laws involved actually are.

The point, amongst other things, is for you to look at what your site is doing and make a judgement about it. The session cookie is 'probably' OK. cookies for other things like the upshrink are also 'probably' OK because you can make a reasonable defence about those, even though it's pretty tenuous and against the letter of the law.

The thing is, I'd argue that at least doing the review of what cookies is involved is not only a good practice, it means you can show accountability for what your site is doing. It's good practice, it's also taken responsibility for what your site is doing. Is that, at least, not a good thing to do?

Or are you also of the school of thought that what your site is doing is not actually your problem?
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 14th, 2012, 08:13 PM
Yup and you can deploy as many first and third-party cookies as you want provided you inform the user what they are, their use and get his/her permission first.

I've had our implementation in place for over a month and there's been no adverse affect on visitor numbers. In fact, our membership is increasing at a faster rate since deployment[1] and I have received several messages thanking us for our concern about our users' rights to privacy.

I agree completely about the need to conduct a cookie survey as site owners need to identify the source and usage of every cookie likely to be served.

If you have Adsense-served advertisements on your site, you may not realise this but there are circumstances where Adsense will serve four (or sometimes five) cookies into your site's folder in the user's Browser cache. One scenario guaranteed to cause this is if the user clicks on the small icon in the top-right corner of an advertisement - this opens a new page to allow the individual setting of Adsense options. From memory, they all have the prefix "GoogleAdsense" followed by "__utma" (etc) and have the same persistency as their Analytics counterparts. Adsense also serves other cookies which are stored in the Google folder including "rememberme".
 1. I can't state categorically that our Cookie Law provisions are solely responsible and recognise there may be other valid reasons for that.
Title: Re: The Cookie Law (in the UK at least)
Post by: Kindred on June 14th, 2012, 08:19 PM
Oh, I am with you on that, Arantor...   it is always good practice to review and to be aware of what your site is actually doing (of course, most people wouldn't understand the explanation/description after doing the review)

I agree that having a statement like "This site uses cookies" is not a bad idea... and my user agreement usually includes a line like that.

However (and to address markham's point) "requiring" this crap because of some illusion that this involves privacy in any way shape or form is complete BS.

To address his other points...  yes, these people are stupid. It has very little to do with their knowledge of how the internet works. They would be stupid, even if they did understand it... the fact that stupid people get to make such stupid laws just emphasizes the point.
And nope... deep pockets has nothing to do with it. There are plenty of groups and lawyers who would defend this sort of case and include a class-action suit against the government in the deal.

There are certain idiotic laws that have been put in place and are only there because people are too lazy (or have been idiotically convinced that this is for "their protection". Homeland security is one of them. Seat belt laws are another... the list goes on....   with this one added right at the top.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 14th, 2012, 08:39 PM
You know me, I'm the first to think ill of users :P But I dispute the validity of 'stupidity'. It is not stupidity, it is a lack of education on the subject. I would argue that it is the user's responsibility to understand some of what their computer is doing, much as I would imagine any driver should be aware of really common faults and things that shouldn't be the case on a car, even if they can't strip the engine and rebuild it themselves. THAT, I will argue, is stupid.

That at least is the way I see it for regular users. They do not take responsibility for the way things work that they have control over; those who care already did something about this.

Now, lawmakers. I don't have a lot of faith in lawmakers as far as legislating the internet goes. I don't have much faith in this law for example, other than the fact that it directly affects me to have to deal with it. It is because these people do not understand how the internet works and assume that 1) it is a single united entity and 2) laws can be applied equally everywhere. Of course neither of these are true, and the lawmakers end up screwing something up even if it is with the very best of intentions behind the law.

This law, however ill-implemented it may be, is designed to protect user privacy. DNT and similar measures also put user privacy at the front, though are implemented by people who at least understand some of how the systems work, but even DNT and ilk are flawed because again they put the onus on the developer/site owner.

I'm fully of the belief that there are stupid laws. Most of what comes out of the DHS seems to be flawed, especially with the likes of the TSA... the effectiveness of the measures of actually detecting anything contraband aside, it's guaranteeing that the terrorists win, because now the terrorists do not actually have to do anything and yet everyone is running around on alert and implementing all these measures, which will never be tripped; it's all shutting the gate after the horse has bolted.

Getting down to the point about informing users, informing users is a good thing however you slice it. You're taking responsibility for your end of the bargain, it's not your problem whether users don't bother to read such things. That's one of the flaws with this law is that it's educating users to just click yes, just like Vista/UAC did. You can lead a horse to water, etc.

But if users have access to that information - something not widely normally available - they can make a decision whether to accept cookies or not, or even set up some exclusion rules should they so desire. It's giving the choice and responsibility to the user. You can't make them take that responsibility. But I believe you have to give them the tools to do so - and without laws like this (or, hopefully, better thought out ones), there will never be any reason for site owners to be accountable other than what they 'feel' is right.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 14th, 2012, 09:09 PM
Quote from Kindred on June 14th, 2012, 08:19 PM
However (and to address markham's point) "requiring" this crap because of some illusion that this involves privacy in any way shape or form is complete BS.
This law wasn't created out of a whim. Bureaucrats didn't have a brainstorming session and suddenly decide to legislate about the deployment of cookies. This law originated in Denmark, a country whose citizens are very protective of their privacy and who were (rightly) concerned about the power certain internet companies had acquired through tracking users' movements around the internet and selling that information. That'd be the likes of Google, Microsoft, Facebook et al.

Admittedly the implementation of that law is not ideal in that it - and DNT - place the responsibility for compliance with the site owners. It would have been far better to have made it a requirement of the browser (as DNT will be) but they would have faced certain difficulties there: of all the browsers in common use, only one originates from within the EU, Opera. As requiring browser producers to incorporate it wasn't a realistic option, they went for the next best thing.
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To address his other points...  yes, these people are stupid. It has very little to do with their knowledge of how the internet works. They would be stupid, even if they did understand it... the fact that stupid people get to make such stupid laws just emphasizes the point.
So everyone, in your eyes, is stupid? That's a rather arrogant and patronising statement to make about people who visit my sites, your sites and everyone else's sites. Are they stupid because they want to retain one of their few remaining rights, that of privacy? Or perhaps they're stupid to browse the internet when they could go to a public library to get information and do their shopping in real shops rather than online. Or do you just have a low opinion about everyone else?
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on June 14th, 2012, 09:44 PM
Quote from markham on June 14th, 2012, 09:09 PM
So everyone, in your eyes, is stupid? That's a rather arrogant and patronising statement to make about people who visit my sites, your sites and everyone else's sites.
Oh come on... You should know Pete by now... He's not like that :P
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 14th, 2012, 09:57 PM
For once that wasn't about me! :lol: That was in reply to Kindred, who it seems is even more cynical and weary of humanity than I am, which takes some doing.

Stupidity = lack of intelligence, but the problem isn't a lack of intelligence, it's a lack of knowledge and people taking responsibility, and people being given the tools to be able to take responsibility without having to become experts in the subject.
Title: Re: The Cookie Law (in the UK at least)
Post by: Kindred on June 14th, 2012, 09:59 PM
actually, Nao...  I think that was directed at me. :niark:


and markham...   yes, I generally think that most of humankind is indeed, incredibly stupid.
And yes, I am arrogant and even patronizing, at times. (just ask Nao and Arantor and, well, heck anyone who knows me)


As for their "right to privacy"  PSHAW. This law has absolutely nothing to do with privacy. It really doesn't. It, like the stupid Homeland security stuff, has to do with people's PERCEPTION of a protection of privacy. And that right is regularly abridged and removed by the government(s). The governments just want to give everyone the perception that they are protecting Joe Public from the big bad internets, all the while quietly doing everything they can to violate those rules themselves.

And yup... I have an incredibly low opinion of humanity.
persons (individuals) are OK and sometimes even intelligent.
people, as a group, are stupid, unintelligent and easily led.


and yup, Arantor... I'm older than you... I've had more years to build up my cynicism storage tanks.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on June 14th, 2012, 10:53 PM
Then I WAS right ahah. Pete ain't like that :P
Title: Re: The Cookie Law (in the UK at least)
Post by: Norodo on June 14th, 2012, 11:43 PM
Quote from Arantor on June 14th, 2012, 05:49 PM
Will you be so brave about ignoring it then?
Yes, in fact I will. A law like this does nothing but hold society back. Ignoring it sounds good, fighting it sounds better.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 14th, 2012, 11:50 PM
-sigh- Then nothing I've said has been worth the effort of thinking about it.
Title: Re: The Cookie Law (in the UK at least)
Post by: live627 on June 14th, 2012, 11:53 PM
Rules get bent if enough people ignore them, or so they say...
Title: Re: The Cookie Law (in the UK at least)
Post by: Norodo on June 14th, 2012, 11:55 PM
You have said a lot of things, however in reply to me you have only told me that this is a EU law (fair enough, this is not really something to think about, I'll save that for one of my anti-EU-rants), that the plugin architecture of Wedge will not allow this (fine, if there's no way around it there's nothing to discuss about this, unless you want me to comment on the plugin architecture, something I am not competent to do) and asked me if I will be so "brave" as to ignore this, something I will, for the reasons live627 state above, and because this kind of stuff gets me annoyed. As for the rest of your posts, I did not assume they were directed at me. I may however take a moment tomorrow if I have time to scour over them and reply, but for now I only read your one post.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on June 14th, 2012, 11:59 PM
Gotta admit this topic is ultra complicated to go through ;) even I pretty much gave up on it... That's the beauty of laws. They're too complicated and yet we are all supposed to understand them.

I'm interested in the fact that Ie10 generated backlash because people think that since it enables DNT by default, websites will decide to turn it down. However, what makes one think that they wouldn't turn it down either way? Spammers don't care about laws anyway...
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 15th, 2012, 12:04 AM
Let's see.

1. It is an EU law, yes. It is likely to be implemented in a similar fashion in the US.

2. The plugin architecture makes this awkward but not impossible to deal with.

3. There are a very large number of related matters. Even if this law does not affect you, it is still good practice to review the state of play and actually be at least partly compliant, in at least as much as reviewing what cookies the site uses and being able to justify those to users. Are you saying that you are not accountable for the software your site runs? Are you saying that you do not care about the privacy of your users?

While I dislike the way such implications can be thrown about, it is something that should be considered, whether you are required to comply by law or not. What cookies does your site issue? Do you need them? Are you actively, passively or secretly analysing your users? Are you allowing that data to be shared with third parties deliberately or accidentally?

These are things that reviewing the site and its software would bring. You as a site owner are responsible for what your site does, burying your head in the sand to these issues does not absolve you of that responsibility.

Just because you may not be subject to a law trying to protect privacy, does not mean you shouldn't try to protect their privacy!
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I'm interested in the fact that Ie10 generated backlash because people think that since it enables DNT by default, websites will decide to turn it down. However, what makes one think that they wouldn't turn it down either way? Spammers don't care about laws anyway...
Who has a vested interest in DNT not being implemented? Who has a browser that does not support DNT as set out in the specification at this time? Who is also a member of the W3C? (The answer is one and the same, and it isn't Microsoft.)
Title: Re: The Cookie Law (in the UK at least)
Post by: Norodo on June 15th, 2012, 12:19 AM
Quote from Arantor on June 15th, 2012, 12:04 AM
These are things that reviewing the site and its software would bring. You as a site owner are responsible for what your site does, burying your head in the sand to these issues does not absolve you of that responsibility.

Just because you may not be subject to a law trying to protect privacy, does not mean you shouldn't try to protect their privacy!
Makes sense, and I agree that I as a site owner have a responsibility to ensure people visiting my site don't get tracked any more than reasonably so. But not tracking people more than necessary is something I can do without having to plaster nasty banners above my sites asking people to agree with what little tracking I may have in place, and it is something I can do without government intervention. The law has a good intent, but in my opinion it misses the point entirely with implementation, and I will promptly ignore it and carry on as before.

I don't think making people plaster ugly banners on their sites protects privacy. Me actually not tracking my users protects privacy, and from my understanding of the code of the forum boards I use right now, I am not tracking people to any real extent apart from a. User info b. impersonal session info. This tracking is not being used in any way, and if I were a user and I knew this was how a website I visited operated, I would be very very fine with it, as would any sane person (I hope).

Are there sites out there that track more than they need to? Of course. Are they likely to comply with these rules any soon? Nah. Rules about what you can and can not track would be better suited, but then again that would take real courage on the legislators part, so that shit ain't happening.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 15th, 2012, 12:26 AM
Oh, don't get me wrong, I'm well aware that the whole implementation of the cookie law is farcical. But it's making site developers go back and think about the cookies that are required and consider whether that feature is necessary. For me, that's a huge deal, because it's encouraging developers to take some responsibility - and it's making site owners do the same, which is a great thing, even if for the wrong reasons.
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I don't think making people plaster ugly banners on their sites protects privacy.
It doesn't. But informing users of how their information is being used can do because it gives them the power to understand what their data is being used. I just wish it were more driven by site owners wanting to take that responsibility without having to be strong-armed into it in any fashion.
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Rules about what you can and can not track would be better suited, but then again that would take real courage on the legislators part, so that shit ain't happening.
This is actually why I railed about people not reading the laws as written and relying on third party reporting on the subject. The laws are about making site owners review their software and making a judgement about things. It starts by asking 'do you need to track anything' rather than presuming that tracking is actually required.

Even a session cookie is not really required, except for analytical purposes. But would anyone think about that aspect without a review like this being put under peoples' noses?
Title: Re: The Cookie Law (in the UK at least)
Post by: ziycon on June 15th, 2012, 12:31 AM
The way I see it is that all that's required is a line in the registration agreement to you're sites terms & conditions and privacy policy and just have a one or two line'r about cookies that are used. If someone registers then it's there own bad for not reading the too pages and you're covered.

It's a 10 minutes job for a site admin and if the site admin is worried about it they'll implement it. No need for forum software to include cookie laws/regulations unless there legally threatened.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 15th, 2012, 12:35 AM
Apart from the fact that the ICO considers SMF's (and Wedge's) cookies beyond what is reasonable, (putting aside the privacy implications of Who's Online) the fact that the registration agreement is only barely acceptable and that in the UK, officially forum owners are actually supposed to register with the ICO for being data controllers... yes, apart from those tiny details, it's fine.

Go back and read the letter I sent them and their response. Even though I actually pointed out to them that SMF's default registration agreement does mention cookies.

Oh, and SMF's registration agreement etc. definitely does not extend to the likes of Google Analytics, which are so far beyond what is acceptable without work that it isn't even funny.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on June 15th, 2012, 08:51 AM
Hmm who's online is not a privacy issue per se as concerned users can hide their online status and thus activity.. No?
Title: Re: The Cookie Law (in the UK at least)
Post by: live627 on June 15th, 2012, 09:11 AM
Yes, they can. But the majority don't bother. So, moot point...?
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on June 15th, 2012, 09:32 AM
I think so.

However... Bug report?
I had a look at determineAction(), in Who.php, and it never tests for mem.show_online, assuming that if the user isn't shown in the Who's Online list, the action won't be shown either...

*However*, because Wedge also shows their current action in the profile summary, it should test whether the user is online or not, and whether they want their online status to be given away or not.
Is this a SMF or a Wedge bug? From a look at the *code*, it looks like if a user is online, their Online icon is green regardless of their privacy settings, and their current action is indicated. I'm pretty sure that if a user doesn't want to "show up in the online list", they certainly don't want their online status to be given away either...? (Heck, we could even *hide* the icon everywhere it shows up, whether online or offline, for non-admin members...)

Is that something relevant...?
Title: Re: The Cookie Law (in the UK at least)
Post by: Norodo on June 15th, 2012, 11:04 AM
Quote from Arantor on June 15th, 2012, 12:26 AM
I don't mind having to think about privacy and I think it's a good thing that people do, but saying that this makes people think about privacy is like making police wear pink suits for people to think about police more, but only if the police are outside the police station (A solution that strikes way more police than it probably should, just like this law strikes way more sites than it should). It's just not a good approach. The thought behind it is good. I don't mind the govt having a snoop around those pesky Facebook "Like" buttons that track you whether or not you utilize them, but when they start punishing hobbyists like me who are acting in good faith, that's just silly and makes me want to kneejerk at them, something I probably will.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 15th, 2012, 12:03 PM
Quote from Arantor on June 15th, 2012, 12:35 AM
Apart from the fact that the ICO considers SMF's (and Wedge's) cookies beyond what is reasonable, (putting aside the privacy implications of Who's Online) the fact that the registration agreement is only barely acceptable and that in the UK, officially forum owners are actually supposed to register with the ICO for being data controllers... yes, apart from those tiny details, it's fine.

Go back and read the letter I sent them and their response. Even though I actually pointed out to them that SMF's default registration agreement does mention cookies.

Oh, and SMF's registration agreement etc. definitely does not extend to the likes of Google Analytics, which are so far beyond what is acceptable without work that it isn't even funny.
Actually I'm not so sure about that as things are right now. The advice I've been given suggests that log-in names, email and IP addresses can be stored without having to register as a Data Controller. But there is new legislation being introduced by the government which may require sites to retain information that can be used to more closely identify users should they engage in anti-social behaviour such as cyber-bullying[1] and that would almost certainly require UK-based/owned Forums to register,
 1. Similar legislation is also being proposed in the US and the Philippines but with different aims in the latter case where there will be a definite affect on the freedom of speech.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 15th, 2012, 03:01 PM
Quote
Is that something relevant...?
Oh, yes. It's been discussed at SMF that the 'hide online' doesn't hide last online time for users, this is an extension of the same idea.

There is still an issue, though, regardless of whether hide online is enabled or not - it's still logged as to what they're doing and it's still shown to admins, so even if 'hide online' is on, it's not hidden from admins. Whether that's a privacy issue is also questionable, of course.
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It's not a good approach
I know that. But can you imagine anything else that's going to get any number of sites to actually consider what they're doing about privacy? Sites have shown more than once that they don't care - and if there's no penalty to being lax, they'll keep doing it. This law, however badly implemented, is at least understanding that privacy is being eroded in favour of companies who want to monetise you. And it IS getting sites to consider how they're doing things, the fact that we're having this debate is proof of that.
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I don't mind the govt having a snoop around those pesky Facebook "Like" buttons that track you whether or not you utilize them, but when they start punishing hobbyists like me who are acting in good faith, that's just silly and makes me want to kneejerk at them, something I probably will.
Yup. I take much the same view, but I can also argue about my cookies because I know what all of them do ;)
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The advice I've been given suggests that log-in names, email and IP addresses can be stored without having to register as a Data Controller.
That is also the same understanding I have, though you'll note the reply from the ICO is a bit vague on that point.
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But there is new legislation being introduced by the government which may require sites to retain information that can be used to more closely identify users should they engage in anti-social behaviour such as cyber-bullying[1] and that would almost certainly require UK-based/owned Forums to register,
Yay, more legislation from lawmakers who don't understand the workings of the law. For example, the recent ruling in favour of the lady who was bullied on Facebook. What are the odds the people who were bullying were feeding FB fake data?
Title: Re: The Cookie Law (in the UK at least)
Post by: Norodo on June 15th, 2012, 03:22 PM
Quote from Arantor on June 15th, 2012, 03:01 PM
And it IS getting sites to consider how they're doing things, the fact that we're having this debate is proof of that.
But I already concidered this before deciding not to sign up for Google analytics. I'm lazy. I don't like to think again just because buerocrats tell me to. :whistle:

The people who are doing malicious stuff already thought things through and said fuck it, we'll do it even if it's unethical.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on June 15th, 2012, 03:23 PM
Quote from Arantor on June 15th, 2012, 03:01 PM
Oh, yes. It's been discussed at SMF that the 'hide online' doesn't hide last online time for users, this is an extension of the same idea.
Didn't think of that one. Hmm...
Well, I suppose we could just hide it entirely, too. It's a bit annoying because sometimes you'll (at least) want to know whether someone is an active member or not, but...

Oh, maybe we could hide the item *only* if the user has been online in the last X months...? i.e. if you're no longer a regular visitor, what do you care that people know you aren't...?
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There is still an issue, though, regardless of whether hide online is enabled or not - it's still logged as to what they're doing and it's still shown to admins, so even if 'hide online' is on, it's not hidden from admins. Whether that's a privacy issue is also questionable, of course.
Admins have access to the database anyway, so showing this is okay. (I added em tags around the action because AFAIK there's no other way in a profile page to see that a user wants their privacy enabled.)
(AFAIK we have only one regular lurker who's hiding his online status here, and it was helpful for my tests earlier today :P)

Now, as to whether or not we should STORE their online status in the database... I think it's asking a bit much not to do it, right..?
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 15th, 2012, 04:30 PM
My argument stands IMHO, this is still a threat to freedom of speech and should be placed on the arms of the browser creators and not the content creators. My argument is any noob isn't going to know how cookies work and download or use some old software that violates the law. They may even think that their site uses no cookies.

This would be a good reason for the government to take a site offline or fine a site owner for something they may have not known they where doing. In the respect of freedom of speech these complications are just going to make things harder for new content creators and this is just the tip of the iceberg.

All these new laws and legislation are just going to mute out freedom of speech and make it more difficult for noobs to set up a website. Like I said this is just the tip of the iceberg and the cookie law isn't that bad if you know what your doing. But somebody out there is going to break this law with no idea they did so.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 15th, 2012, 05:08 PM
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My argument stands IMHO, this is still a threat to freedom of speech and should be placed on the arms of the browser creators and not the content creators
You do know that even Do Not Track requires content creators to actually respect it, right?
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But somebody out there is going to break this law with no idea they did so.
For the love of $deity, have you not been listening to what I've been saying? The whole point of this law is so that site developers actually take some responsibility. That means they should be reviewing the site and doing something about it. And if they're not capable of doing that, they should get someone who is - that way the site operator is showing that they've done something towards being compliant - which goes a long way towards being beaten over the head with the legal stick.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 15th, 2012, 06:17 PM
Quote from Arantor on June 15th, 2012, 03:01 PM
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But there is new legislation being introduced by the government which may require sites to retain information that can be used to more closely identify users should they engage in anti-social behaviour such as cyber-bullying[1] and that would almost certainly require UK-based/owned Forums to register,
Yay, more legislation from lawmakers who don't understand the workings of the law. For example, the recent ruling in favour of the lady who was bullied on Facebook. What are the odds the people who were bullying were feeding FB fake data?
Speaking as someone whose daughter was a victim of cyber-bullying a few years ago, I have absolutely no sympathy with those who are made accountable for their actions. If it was fake data, then more fool them for posting it, knowing it was false and untrue.

Libertarians please note, this has nothing to do with "freedom of speech" but everything to do with accountability. Just because the internet provides a cloak of anonymity, some misuse that to publish things that they wouldn't otherwise be able to.
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My argument stands IMHO, this is still a threat to freedom of speech ...
Just how is the Cookie Law a threat to freedom of speech, nend?
Title: Re: The Cookie Law (in the UK at least)
Post by: godboko71 on June 15th, 2012, 07:55 PM
Well as silly as this law may be and how it may not affect me now. I am all for the handling in core. If its based on what ever law is most stringent it means most will comply everywhere. I can't see how asking a user is it okay if I put cookies on your computer is in any way infringing on freedom of speech.

DNT is a fairy good concept but it still requires work of site owners not sure what all the hoopla about this is TBH. Sure the people making these laws are ignorant to how technology works, but at the end of the day nothing to scary yet,
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 15th, 2012, 08:31 PM
Quote from godboko71 on June 15th, 2012, 07:55 PM
Well as silly as this law may be and how it may not affect me now. I am all for the handling in core. If its based on what ever law is most stringent it means most will comply everywhere. I can't see how asking a user is it okay if I put cookies on your computer is in any way infringing on freedom of speech.

DNT is a fairy good concept but it still requires work of site owners not sure what all the hoopla about this is TBH. Sure the people making these laws are ignorant to how technology works, but at the end of the day nothing to scary yet,
Both the Cookie Law and DNT share one thing in common: the onus is on the site owner and/or his software supplier to ensure compliance.

I agree that a Wedge implementation should take the strictest case - but how far do you want to go along that road? The UK, for example, requires a single affirmative action to accept all the cookies that a site serves but other EU members may require a per-cookie acceptance. The other point is, do you combine DNT with ECL so that if a user has DNT enabled and accepts cookies from your site, do you prevent him receiving tracking cookies you would otherwise serve, or cause to be served?[1]
 1. I believe you should.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 19th, 2012, 05:55 PM
Quote from markham on June 15th, 2012, 06:17 PM
Quote
My argument stands IMHO, this is still a threat to freedom of speech ...
Just how is the Cookie Law a threat to freedom of speech, nend?
It is a stepping stone, that will soon lead to site content. The publisher should not be responsible for security concerns around cookies. It is a way of censorship by censoring ones ability or saying you must do it this way. What they are doing here is forcing their idealism onto us saying we must say this, choosing what we say is one of our freedoms.

If you don't like what is on TV you change the channel, same on internet, if you don't like the site go to another one. If anything the content provider should be reliable for some sort of rating system and content/technological description that should be transparent and handled by the browsing mechanism as it chooses. Even though a browser is perfectly capable of denying cookies on a site basis already.

The site is not the driving software, the browser is and it should be the sole responsibility of the browser to handle these things. It is the same like loading a text document, the text editor is responsible for all security concerns, not the document. All the document is for is to tell the program what it contains, how to render it, etc. It is up to the program to decipher these things and adjust on user settings.

A web page is the same, it is a document, no different then any other document you may find on your computer. Just because it is sometimes generated by another computer makes no difference, it is what it is.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 19th, 2012, 06:09 PM
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It is a stepping stone, that will soon lead to site content. The publisher should not be responsible for security concerns around cookies.
Why? You're responsible for the content on the site, why should that not include cookies?
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it should be the sole responsibility of the browser to handle these things.
No, it shouldn't. You have the choice of software to run on the server and you can take some responsibility for what your site does.
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. It is the same like loading a text document, the text editor is responsible for all security concerns, not the document.
No it isn't. The operating system is, i.e. the system offering the file. Every single operating system that allows for multi-user handling (i.e. where security is any kind of issue, even going right back to Multics) is responsible for securing the file at the user level and it is up to the operating system whether a given file can be accessed, not by the user-land program the user is using.

Analoguously, the software that offers content to users is also responsible for dealing with security matters.

If your site doesn't need to send a cookie, don't send a damn cookie. The point of this law, as mentioned in the wording of the law and not the hyperbole the media has spun, is to make site owners review their sites and make a judgement as to whether cookies are necessary or not and if they're not absolutely required, to allow the user to make informed consent.

What I want to know is why are you so reluctant to be a fucking responsible web developer and take some damn responsibility for what your site does?
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 19th, 2012, 06:21 PM
LOL, don't get upset I am just pointing out my views like we are all allowed to do.

My main concern is they are forcing content into the actual document when this should be handled at the browser level. If a message is to be displayed maybe the site can send it in the headers somehow and the browser displays it in a message window. If the site owner doesn't supply a message the browser should still display a message saying the site didn't explain its use of cookies do you still want to continue?

Implementation is all wrong and by bad implementation it does affect the freedom of speech. IMHO anything in the body tags should be the sole decision of the webmaster. If any other content needs to be sent, should it be ratings or cookies consents, it should be done in the head of the document or the headers. This is sort of similar to DNT however it is on a consent basis.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 19th, 2012, 06:37 PM
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LOL, don't get upset I am just pointing out my views like we are all allowed to do.
Except I've put this question to you several times and each time you've ignored me. That is, ultimately, one of the key things behind this law, to make web site owners take some responsibility for what they do. Your entire attitude says to me 'I don't give a shit about my users as long as I can make something out of them'.
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IMHO anything in the body tags should be the sole decision of the webmaster.
What about the head tags? What about the response headers? It's still content related.
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This is sort of similar to DNT however it is on a consent basis.
And yet, DNT requires the site owner to adhere to it. Different side of the same coin.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 19th, 2012, 07:08 PM
Quote from Arantor on June 19th, 2012, 06:37 PM
Except I've put this question to you several times and each time you've ignored me. That is, ultimately, one of the key things behind this law, to make web site owners take some responsibility for what they do. Your entire attitude says to me 'I don't give a shit about my users as long as I can make something out of them'.
However I have provided examples of other ways to do it, what part of that shows I don't care? If I didn't care I wouldn't provide better alternatives. Better yet if I didn't care about others why did I just volunteer countless hours to design a developer portal for a Android ROM manager application, I don't know maybe I am the one who doesn't care and doesn't notice it. Maybe I should sell their emails and make a quick buck, the truth that isn't me and you know it, I would never compromise my users.

I am not casting judgement on you and would respect that you do the same. I honor your opinion and your right to it and I am not making judgment on you. I am not mad but wish you just stop with the unkind and untruthful remarks. I know life has been serving you up some hard ones lately, no reason to take it out on somebody else. Get out have some fun, you don't need all this stress and lingering here is not doing any good.

I however will follow but would prefer if a better system is put into place, there is nothing wrong with that. I would like that eventually all browser makers would provide this alternative for us. Sorry that I am not all filled with excitement over the current ways of implementation.

I have explain my ideas, nothing else left to say. I don't want to get into this any deeper.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 19th, 2012, 07:27 PM
The problem is that we as a society have become increasingly reluctant to take responsibility for our actions, more so over the last 70 years[1] and it is only since 1990[2]  that we have had any legislation concerning the (mis)use of computers. The Internet has long been regarded as the "last bastion of freedom" being as it has been largely unregulated. Some have exploited the freedoms it provided and now consider any internet-related legislation as being an attack on the freedom of speech. But what they forget is that with freedoms you have responsibilities: people want the freedoms but shun the associated responsibilities.

The Cookie Law, all its faults aside, does at least put the onus of compliance in the right place and, as Arantor says, should make site owners take a hard look at their use of cookies (and other similar devices such as web beacons) and possibly cull those that really aren't that important or beneficial (yes Google, I'm looking at you). But the law is not an attack on the freedom of speech.

For Forum-only sites, there really shouldn't be a problem but for multi-software sites the problems are far greater.
 1. The formation of the National Health Service immediately post-WW2 is seen by many as the birth of "nanny-stateism"
 2. The Computer Misuse Act
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 19th, 2012, 07:50 PM
You know what would be nice though, far from implementation though is something similar to the permission system of Android when you go to install a app. It tells you everything the app will have access to before you install it so you can make a decision of whether or not to install it.

This information is stored in a xml file in the compiled application and the OS handles it upon installation. If you forget to add a permission in there and your app needs it then you will not be allowed access to that resource. Any resource access has to be defined in this document, if not then the app is out of luck.

I haven't been studying HTML lately but as I understand HTML5 can store some actual files on the system. Does anyone know if these require consent or are they just like cookies are right now, transparent to the user.

However on to my point when you browse to a page, before you are allowed to view the site.
Quote
The Web Site is Requesting Permissions
Store a cookie on your device.
Site reason for this here.
Store temporarily files to your device.
Site reason for this here.
That would be nice, but far off from now. Right now have to stick with the primitive methods.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 19th, 2012, 08:14 PM
You realise that that is essentially what the law is mandating, right? Just that the responsibility is being put on the developer, not the browser, because the ICO is well aware of the browser manufacturers not having such flexibility in them.

Is it really so bad that site owners are being made to take responsibility for what their site is doing? This is what pisses me off so much, that site developers are holding their hands up and saying 'it's not our responsibility to protect the user' but they're the ones who have the power not to issue cookies in the first place...
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 19th, 2012, 08:57 PM
Both need to take responsibility, sorry if I might of came across any other way. My point is the method is not all that great but it will take some time before any real nice method is implemented in any browser. Browser makers should be made accountable for adding a solution in their system for the web developers use. If the developer is not willing to follow through then browser should be able to take over and display all the necessary permission options.

Also I would like to point out I am not putting any user in danger of how I am doing things right now. I don't need a silly message to show I am protecting their best interest. So the assumption that I am not protecting my users by not following this law right now is incorrect.

I am probably going to upset people here but the law is flawed when aimed to the ones that this law is for. If they plan to break the law and abuse cookies then they are not going to announce that they are doing so or say they are doing something less threatening like keeping you logged in. From there they can encrypt the data in that cookie and no one will ever know what the data in it is truly for.

I would rather have it done right though and not the wrong way and IMHO this law still needs time. I understand though your country is allowing this time and that is great, but I feel there is allot more that can be done with a better implementation. This is my main reason for going against it because as of right now it isn't well thought out. However there is no problem with giving it a try, I don't like loose ends but at least they tried to do something.
Title: Re: The Cookie Law (in the UK at least)
Post by: godboko71 on June 20th, 2012, 06:38 AM
How is asking users if its okay to store a cookie a stepping stone to limiting free speech? I don't follow the logic. It is in no way limiting you, about all it does is maybe add a small amount of work.

If you or the software you use ask the question, you know it was asked, so you have proof, so they can't come after you just because they have cookies from your site. Say you let the browser do the work, you have zero proof that they clicked I accept, so they turn you in and you get fined. Oh yeah the user turned off the the cookie question because they didn't read the check mark that says don't ask again.

Do you really trust browser makers to implement a standard that works worth a darn.

Plus, your site still have to interact with the browser, yes send them the cookie, okay you get to sign in, no don't send cookie. Send them to a page that explains why they can't use that part of your site. So at the end of the day you have the same extra work, it still have to play nicely with the big four.

All your freedoms are limited already anyway, your freedom can't encroach on Tims freedom over there. You can say you don't like red heads, that's your right. You can refuse to interact with redheads, that's your right. You have no right to limit what Tim the redhead does. Your right to not like him ends when you don't want.

You can still do whatever you want with your site, this law and others like it in no way limit what you as a site owner can do.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 20th, 2012, 03:04 PM
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How is asking users if its okay to store a cookie a stepping stone to limiting free speech? I don't follow the logic. It is in no way limiting you, about all it does is maybe add a small amount of work.
The argument being made is that forcing a little regulation on site owners is the tip of the iceberg and unless it's fought back against, it'll be the start of an avalanche of regulation, which will ultimately limit what you can publish online. Not that there aren't already some restrictions.
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Do you really trust browser makers to implement a standard that works worth a darn.
Given that the only other method is DNT, the second most popular browser still hasn't implemented it (and probably won't unless forced to) and the W3C are trying to mandate that DNT is turned OFF by default... no, no I don't trust them one iota.
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You can still do whatever you want with your site, this law and others like it in no way limit what you as a site owner can do.
Yup. But it is mandating taking some responsibility for what goes on.
Posted: June 20th, 2012, 02:21 PM

Also note that XenForo has now introduced such measures into the forum core but they seem to be disabled by default - I'll experiment with this later on today.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 20th, 2012, 06:23 PM
Quote from godboko71 on June 20th, 2012, 06:38 AM
How is asking users if its okay to store a cookie a stepping stone to limiting free speech? I don't follow the logic. It is in no way limiting you, about all it does is maybe add a small amount of work.
Quote
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Because it is forcing the action of asking a question in the body of the page.You have the right to ask the question or not ask the question. It doesn't matter if I like it or not, it is a right and all rights should be protected.

If there was a standard though this would be allot better. If the site owner chooses to ask the question the better for them, this would be the route I would go if a better browser method isn't available when a similar law hits the US. So that being stated I would be happy to explain to my users the use of cookies on my websites. However if a site owner, which is not myself, doesn't choose to ask that is honoring there freedom not to do so and somewhere the slack needs to be taken up, this IMHO should be done by the browser to protect the best interest of the user.

Like I said I believe the slack should be taken up elsewhere if the webmaster doesn't comply. Browser based compliance does not violate this amendment since it is a technology. HTML is text based and should be treated like a publication. Via the press or the internet the government does not have any say what goes into a document or publication.

This doesn't mean that I am against webmasters making things perfectly clear to the user. I really like the idea and if anything I would like a similar law but putting the regulations heavier on the browser. However with how things work this will certainly be a nightmare unless mandated, which will be another nightmare within itself.
Title: Re: The Cookie Law (in the UK at least)
Post by: PantsManUK on June 21st, 2012, 05:15 PM
Wow, you drop off a site for a few weeks and all hell breaks loose.

As someone that has to implement solutions for this law (my employer's website is UK hosted and for UK visitors mostly, my personal website is UK hosted and I suspect mostly EU visited, and the site for the organisation I'm president of is US hosted and for EU visitors mostly, so I/we implement for all three), the best solutions I've seen so far don't operate in-page, they overlay the page (in some way, bottom-left corner remains my preferred position) and are not too big. It's simple really, until you the user say you don't mind accepting the cookies I would like to send you, I don't send those cookies. You, the visitor, can continue to visit those parts of the various sites that don't *require* the cookies to operate.

Do I think this it the thin end of a wedge? Not really, I don't think the Internets will be locked down because of this. I'm inclined to agree with Pete on this, it's time for the content providers to take some responsibility, especially those that are using cookies for the purposes of multi-site tracking. I/we don't, but there are plenty of folks out there that do.

Do I think this will magically fix the law breakers, even once there have been a few prosecutions? Nope, I'm not that stupid (wish I could spell naive ;-) ). The law breakers that are inside the EU/US[1] will just move further offshore and further offshore and eventually they'll end up funding a corrupt state somewhere just so they can continue doing what they're doing. As long as there is no "consensus law" and individual nation states are left to their own devices...
 1. Oh, you, me and the side-board know *full* well that the US is going to enact something similar to this in the not too distant future. It's inevitable...
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 22nd, 2012, 01:38 AM
XenForo's implementation - at least what's on xenforo.com/community/ is IMHO sub-par.
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This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
in the header - and then the Learn More takes you to a very bland page that doesn't really explain what the cookies are or why they're used (like the 1 main cookie and the 4 Google Analytics cookies)
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 22nd, 2012, 05:02 AM
Do you have to explain all cookies on the site even external ones? How about the cookies you don't know about, the ones that could possibly be set by images or other files that the user embedded in a post? Is the site owner responsible for these cookies?

A good example of this can be Coppermine, when a image is linked it sets a cookie in the browser from the site the image is linked from. If the site the image is linked from is responsible then how would they comply since they have no interface to talk to the user?

Another example can be my news ticker script I made for forum signatures which can be embedded into a forum signature with simple BBC. It sets a cookie from the image with the time the image was loaded. When the user clicks the link which is directed at another script it loads the cookie, computes the time difference, figures what message was displayed on the news ticker and redirects.

This can be a complicated matter when looking at it, however I am sure judges can give some sites some slack if there is no way for the site to display a message to the user or the owner of the site is unaware of the cookies being set.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 22nd, 2012, 05:06 AM
Yes, you are supposed to explain external ones - at least ones you know about. I saw your demonstration, but that's something that we'll have to deal with if and when it happens. I suspect the ICO would understand the fact that site operators cannot verify all content that they do not have control of.

The bottom line is responsibility: site owners who show signs of trying to act in line with the policy will be far less viciously hauled over the coals if a complaint is made.

Mind you, the way it's all implemented, most sites aren't being particularly explicit about cookies - XenForo for example has now complied with the law but falls a bit short on thoroughness IMHO, it doesn't even mention that the analytics cookies are from Google. And the cookies are set before the user has a chance to refuse them.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 22nd, 2012, 05:24 AM
I was thinking there is nothing I can do about that news ticker to make it compliant. If I remove the cookie then the ticker doesn't work anymore.

As you can tell I quit using the ticker for quite a while ago since it doesn't work in Chrome due to APNG support. It is a nice script though, I may convert it to GIF so it will work in all browsers, but maybe there will be a law soon that will make this code illegal. I wouldn't consider the cookie harmful either, it is really a shame. :sob:
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 22nd, 2012, 06:06 AM
@nend: Yes but you know what cookies could be set, it's simply a case of displaying a page with their names, persistency, content and use  :). You can use this page(http://liveinthephilippinesforum.com/forum/index.php?page=cookies) as a model if you wish.

I'm pretty sure I'm correct in saying that you would be responsible for all the cookies Coppermine sets as that software is on your server and is serving pictures etc., to people on your site.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 22nd, 2012, 06:13 AM
Quote from Arantor on June 22nd, 2012, 05:06 AM
Mind you, the way it's all implemented, most sites aren't being particularly explicit about cookies - XenForo for example has now complied with the law but falls a bit short on thoroughness IMHO, it doesn't even mention that the analytics cookies are from Google. And the cookies are set before the user has a chance to refuse them.
Sounds a bit like the various "solutions" offered by Wolf Software; even if you refuse to accept the cookies, it sets one anyway.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 22nd, 2012, 06:27 AM
Quote from markham on June 22nd, 2012, 06:06 AM
@nend: Yes but you know what cookies could be set, it's simply a case of displaying a page with their names, persistency, content and use  :). You can use this page(http://liveinthephilippinesforum.com/forum/index.php?page=cookies) as a model if you wish.

I'm pretty sure I'm correct in saying that you would be responsible for all the cookies Coppermine sets as that software is on your server and is serving pictures etc., to people on your site.
That makes perfect sense.

What we are talking about though is cookies set by another website without the forum owners knowledge and/or consent.

(http://www.sicomm.us/siforum/index.php?action=dlattach;attach=52;type=avatar)

I hate to do another example, but here is a image above. It is a SMF attachment from another site. If you look at your cookies now there will be some new cookies in there that are not from wedge.org or authorized and/or have proper consent from wedge.org but in the browser they are associated with wedge.org and this page. If you notice there will be a few cookies from sicomm.us in the site wedge.org.

However this could be a honest user who doesn't know the image comes with a cookie. This however from what I hear is not condone.

The thing I want to know is if the news ticker is condone because I know there is no way to display a consent due to security and without the cookie the news ticker will not work.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 22nd, 2012, 12:50 PM
Quote
What we are talking about though is cookies set by another website without the forum owners knowledge and/or consent.
As I already explained, if it's being set without the forum owner's knowledge or consent but the forum owner is acting in good faith towards compliance, I doubt the ICO will have a problem, especially on user-submitted content where it is neither practical or feasible in any fashion to continually monitor every case.
Quote
The thing I want to know is if the news ticker is condone because I know there is no way to display a consent due to security and without the cookie the news ticker will not work.
This would be covered under required functionality and thus acceptable - it will not work without a cookie and functionality will be impaired through any redesign. You would still need to document this on the cookie policy page, however.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 22nd, 2012, 01:02 PM
Quote from nend on June 22nd, 2012, 06:27 AM
I hate to do another example, but here is a image above. It is a SMF attachment from another site. If you look at your cookies now there will be some new cookies in there that are not from wedge.org or authorized and/or have proper consent from wedge.org but in the browser they are associated with wedge.org and this page. If you notice there will be a few cookies from sicomm.us in the site wedge.org.

However this could be a honest user who doesn't know the image comes with a cookie. This however from what I hear is not condone.

The thing I want to know is if the news ticker is condone because I know there is no way to display a consent due to security and without the cookie the news ticker will not work.
No extra cookies have been set for wedge.org but a (ie 1) cookie was set for sicomm.us called nend_sig. But thank you for highlighting a problem area - and one that really doesn't seem to be covered. I guess in this case the onus of compliance would theoretically be on sicomm.us which, unless it can obtain prior consent, shouldn't be adding cookies to its images.

Are you saying though, that were I to re-use that image in a message - posted on another site - that anyone who reads that message (but not yours posted here) will also have that sicomm.us cookie? If so, how is that possible? Has it been encoded as an animated GIF and the "animation" part is some Java that sets the cookie because that's the only way I can see this working?
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 22nd, 2012, 01:05 PM
Quote
Are you saying though, that were I to re-use that image in a message - posted on another site - that anyone who reads that message (but not yours posted here) will also have that sicomm.us cookie?
Yes.
Quote
If so, how is that possible? Has it been encoded as an animated GIF and the "animation" part is some Java that sets the cookie because that's the only way I can see this working?
Images have headers just like normal web pages, the cookie is an absolutely standard part of this (it's part of HTTP of sorts), so you can trivially set a cookie on requesting an image, just like you can to request a web page.
Title: Re: The Cookie Law (in the UK at least)
Post by: markham on June 22nd, 2012, 02:01 PM
Quote from Arantor on June 22nd, 2012, 01:05 PM
Quote
If so, how is that possible? Has it been encoded as an animated GIF and the "animation" part is some Java that sets the cookie because that's the only way I can see this working?
Images have headers just like normal web pages, the cookie is an absolutely standard part of this (it's part of HTTP of sorts), so you can trivially set a cookie on requesting an image, just like you can to request a web page.
Yup, I can understand that scenario if I were to re-post the image on another site in exactly the same way has nend has here, by embedding its URL. But I can't see that working if I were to download that avatar from wedge.org and then upload it elsewhere and include it in a message.

I guess there's no way for a site to check if such a trick is being used - by which I mean, could (eg) wedge.org prevent another site from sending its user a cookie in the way nend has illustrated?
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 22nd, 2012, 02:03 PM
Quote
But I can't see that working if I were to download that avatar from wedge.org and then upload it elsewhere and include it in a message.
It's not on Wedge.org, that's sort of the point. It's still hosted on sicomm.us, and any request to that domain is going to return with a cookie.

If you download it then repost it after, you're not hosting it on sicomm.us and thus no cookie.


There is not really a good way to do that, there are ways but I'm not sure how reliable they are. And they have consequences, too.
Title: Re: The Cookie Law (in the UK at least)
Post by: nend on June 22nd, 2012, 07:12 PM
The easiest thing maybe is to block all user embedded content via BBC until consent is made. However you may want to check what user has embedded the content, say like a admin may be able to bypass this rule. There are allot of files though you can set a cookie with, so it isn't limited to images only. SMF however as far as I know only supports images and flash embedded via BBC and the rest are attachments, you shouldn't have to worry about attachments though.

In order for SMF to accommodate this the permission system will have to get more advance and BBC added into it. So you can deny image and flash BBC to guest unless posted by a allowed member group.

So I shouldn't have to worry about the news ticker, that's good. I was basically stumped how to add a consent page with it. The only thing that I could do is probably add something on the redirect but by that time the cookie has been set.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 22nd, 2012, 07:17 PM
Well, flash is disabled by default (though I'm not sure about Aeva type embedding, as to whether YouTube etc. put cookies in place), but with images, it strikes me that there is a method for dealing with it - there's already a request made for over-sized images, and it would not be difficult to check the response headers on that request as well and see if a cookie header was returned - and then perhaps warn the poster or even disallow it, but either way we can take some action.

Or perhaps like Facebook, taking a small version of the image as a local thumbnail (which is cookie-free) and linking to the external images with a warning about cookies.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on June 26th, 2012, 07:00 AM
FB hosts the whole image doesn't it...?

And AeMe offers to host images remotely, too, thus ensuring this could happen.
OTOH, preventing this could be annoying, i.e. signatures with a banner that shows up details that depend on a cookie being set... That could annoy some people if it got messed up.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on June 26th, 2012, 02:56 PM
I don't know whether FB holds the large image as well, but I know it does host at least a thumbnail image itself - or certainly did last I checked.
Title: Re: The Cookie Law (in the UK at least)
Post by: nolsilang on February 1st, 2013, 02:14 AM
Official announcement from ICO :
http://www.ico.gov.uk/news/current_topics/changes-to-cookies-on-our-website.aspx
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on February 1st, 2013, 02:18 AM
Oh, that's hilarious.

That does pretty much mean the implied consent notice is sufficient. I think we'd actually be OK with implementing that in the core - since I *still* haven't seen any enforcement out of the ICO for *any* site.

Nao, what say you?
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on February 1st, 2013, 10:11 AM
What say I?

- It's hilarious indeed.
- So, they've single-handedly educated all of us about cookies. If you ask me, it's a polite way of saying "we couldn't do it". I've started watching one of your shows called "Yes, Minister", and it's all about that: navigating in a political world where you may have the best intentions in the world, sometimes you just have to admit you're screwed. (But you won't.)

Considering that precisely they're not taking any action against anyone and are even stepping back, I don't see any reason to add anything to the core...
We could, however, do it core but disabled by default. Something like $settings['tastyEuropeanCookiesArentFatFree']...
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on February 1st, 2013, 03:15 PM
Of course it is. (Yes, Prime Minister is also a good show but only the original incarnation. The remake is shite.)

I'd be fine with a core notice disabled by default - I just think we should include it for those who need it. I could even make it a plugin really... As long as it's available, easily, for those who feel they need it.
Title: Re: The Cookie Law (in the UK at least)
Post by: Nao on February 1st, 2013, 03:45 PM
Quote from Arantor on February 1st, 2013, 03:15 PM
Of course it is. (Yes, Prime Minister is also a good show but only the original incarnation. The remake is shite.)
I saw there's a 2013 version when I went to get my subtitles for the original, lol. How is it so bad in comparison? And is the original Yes Prime Minister any good, too? (i.e. seasons 4-6 or something.)

I never watched YM in the first place because I don't have such excellent memories of The New Statesman, which was one of the first British sitcoms to be shown in English with subtitles in France, back in the early 90's. Heck, for a long time I thought they were the same shows... I'm only at 1x04 but I really like it. The characters are well played, they're all likeable and the gimmick is interesting (i.e. starting the episode with the Minister trying to do something better for the UK, and ending up having to compromise because of reality checks.)
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I'd be fine with a core notice disabled by default - I just think we should include it for those who need it. I could even make it a plugin really... As long as it's available, easily, for those who feel they need it.
Well, as of now, it's much easier to implement into Wedge than it would have been if you'd had to disable cookies by default..! :^^;:

Might be a good opportunity to get rid of PHPSESSID though :P
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on February 1st, 2013, 04:06 PM
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How is it so bad in comparison?
They have completely the wrong actors for it. In the original, Paul Eddington has a certain naive innocence while Nigel Hawthorne has the political machinations and his delivery absolutely makes the show what it is. Yes, the writing is very clever, but without his delivery it just wouldn't work.

I have actually tried to watch it and it's just not as funny.
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And is the original Yes Prime Minister any good, too? (i.e. seasons 4-6 or something.)
Yes, it is. Essentially what's happened is that Sir Humphrey has manuevered Jim Hacker MP to being the Prime Minister and still directing everything, only now he has more power to play with.
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because I don't have such excellent memories of The New Statesman, which was one of the first British sitcoms to be shown in English with subtitles in France
Ah, yes, Alan B'Stard. Not Rik Mayall's finest hour, I thought. The Young Ones and Bottom were both funnier, though by the time I got around to seeing The New Statesman it was several years past its cultural relevance.
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The characters are well played, they're all likeable and the gimmick is interesting (i.e. starting the episode with the Minister trying to do something better for the UK, and ending up having to compromise because of reality checks.)
It's actually a reasonable criticism of our country, where the undersecretaries and so on wheedle the MPs into not doing things even if the MP has the best of intentions.
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Well, as of now, it's much easier to implement into Wedge than it would have been if you'd had to disable cookies by default..! :^^;:
There is that.
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Might be a good opportunity to get rid of PHPSESSID though :P
Well, I've been looking into that. We have two choices, we can ditch the session rewriter part (and rename sessrewrite!!) and leave the underlying handling for guests, or we can entirely remove sessions for guests for a massive performance boost overall.

I'm tempted to go with the first one because of how upset people get when their meaningless statistics are threatened.
Title: Re: The Cookie Law (in the UK at least)
Post by: MultiformeIngegno on March 31st, 2013, 06:33 PM
Quote from Arantor on February 1st, 2013, 04:06 PM
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Might be a good opportunity to get rid of PHPSESSID though :P
Well, I've been looking into that. We have two choices, we can ditch the session rewriter part (and rename sessrewrite!!) and leave the underlying handling for guests, or we can entirely remove sessions for guests for a massive performance boost overall.

I'm tempted to go with the first one because of how upset people get when their meaningless statistics are threatened.
I don't remember how this ended up.. is PHPSESSID now only used for guests?
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on March 31st, 2013, 06:39 PM
We made no changes whatsoever.

PHPSESSID gets created by PHP. We have no control over that.

But the point of what I was suggesting was the complete opposite of what you're asking anyway.
Title: Re: The Cookie Law (in the UK at least)
Post by: MultiformeIngegno on March 31st, 2013, 06:41 PM
Quote from Arantor on March 31st, 2013, 06:39 PM
But the point of what I was suggesting was the complete opposite of what you're asking anyway.
I asked nothing but an heads-up on this. :eheh:
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on March 31st, 2013, 06:43 PM
"is PHPSESSID now only used for guests"

When the point of the suggestion was to NOT use it at all for guests.
Title: Re: The Cookie Law (in the UK at least)
Post by: MultiformeIngegno on March 31st, 2013, 06:48 PM
Quote from Arantor on March 31st, 2013, 06:43 PM
"is PHPSESSID now only used for guests"

When the point of the suggestion was to NOT use it at all for guests.
No. I noticed that when I'm logged in links are without PHPSESSID. When I'm a guest links are with it. So I assumed it was like that...
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on March 31st, 2013, 06:53 PM
No... You're only seeing part of the picture and assuming that's how it works the rest of the time :/

PHPSESSID - for logged in members is set up by PHP. We have no control of that at the Wedge level, not for the want of trying, though.

PHPSESSID - for guests is set up all the time, again by PHP... but it is only injected into links if cookies were not found, which should only be the first page load. PHP itself doesn't do the injection part (because we tell it not to) but we manually handle the process at this time, so instead of it being every page without fail, it is only when cookies are not present. Links will be without PHPSESSID if you view more than one page as a guest and cookies are enabled.

There are two parts to my suggestion:

1, disable the injection. This would give us a minor performance boost, a minor bandwidth saving but makes stats less accurate.

2. disable session handling *entirely* for guests. This would give us a major performance boot, no additional bandwidth saving over the first one, and the number of guests becomes unavailable. But no number is probably more meaningful than a very-inaccurate number.
Title: Re: The Cookie Law (in the UK at least)
Post by: MultiformeIngegno on March 31st, 2013, 07:09 PM
Clear, thanks! :)
Is disabling session handling for guests a major change? Because if it's not and it's easily restorable with a plugin we could solve the problem of users complaining they can't see how many guestz are l00king at their 4rum redirecting them to the plugin.
Title: Re: The Cookie Law (in the UK at least)
Post by: Arantor on March 31st, 2013, 08:28 PM
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Is disabling session handling for guests a major change?
-sigh- Yes. Like I've explained multiple times in this topic. And it's not easily restorable with a plugin, like I said in this topic.