The Practical Professor

A Cookies Monster?

Picture of Stephen T. Maher

 by Stephen T. Maher
From Steve's Lawyering and the Internet Column in Law Products Magazine, March, 1997.

Are "cookies" an invasion of your privacy or a boon to your existence? Privacy advocates are upset that this relatively new Internet technology enables Web sites you visit to monitor your actions on their sites and to store that information on your hard drive for their future use. Commercial interests claim that much of the uproar that cookies have caused is due to misinformation. They point to the benefits that cookies can bring. Sites that can collect information about your preferences can respond by providing information more tailored to your needs.

What are cookies? Cookies are chunks of information that are passed to your browser by a server on the Internet with the expectation that they will be stored on your hard drive and returned to the server when requested. This information is not placed on your hard drive for general distribution. When a server sets a cookie, the browser will not give up that cookie data to another server. But the exchange of data does allow the server which sets cookies to keep track of information about your preferences that is potentially useful to you and to the server operator.

What is in your Web browser's cookies file? That all depends where your browser has been. Cookies have been around since Netscape 2.0, and newer browsers have a cookie file (cookies.txt in a Netscape browser) that contains the cookies stored on your hard drive. If you want to see when cookies are being passed to your browser, you can set your version 3.0 Netscape browser to alert you every time your browser is asked to accept a cookie. Go to options, network preferences, protocols and check the box that says to show an alert before accepting a cookie. This option gives you a choice, every time a cookie is presented, to accept it or not. Microsoft Internet Explorer Version 3.0 browsers can also be set to alert for cookies. Go to view, options, click the advanced tab and check the warn before accepting a cookie option.

If you surf the Web with this option enabled, you will soon see how pervasive cookies are becoming, especially on more sophisticated sites. You will discover that some sites set no cookies, while others set many cookies. Banner ads on a site can set their own cookies, so at a site with several banners you may experience repeated requests to set cookies. All this occurs without any request when your browser is operating in its default mode. Once you have made the change that alerts for cookies, you will have the choice to accept or cancel. If you select cancel, your browser declines the cookie. Some sites will not let you continue if you decline their cookies. After a while, the alert becomes a big nuisance, especially at sites that send multiple cookies. It would have been better if Netscape had designed in other options, such as decline all cookies or decline all cookies at this site. That was not done, perhaps because Netscape did not want to make it easy to decline cookies, which have clear commercial value for its server software customers.

What do cookies do? To answer that question, we should start by clarifying what cookies cannot do. Cookies cannot pass viruses from the server to your hard drive. The information in the cookie is not a program and is never executed as code. Cookies cannot be used to get information from your hard drive that the server did not place there. They cannot capture your e-mail address from your browser, and they cannot steal credit card numbers. They cannot capture personal information about you, unless you volunteer such information at a site, for example, in response to an offer of some kind. If you do volunteer personal information, that information could show up in a cookie and can be used with the information about you that is collected using cookies.

How do cookies learn your preferences? You can be asked questions at the site, and that information can be placed in cookies and used as a basis for offering you, or not offering you, future information. Cookies can be used to track where you travel on a site, or what choices you make in response to options as you travel through a site. This allows the site to learn which pages are most popular with visitors, which visitors are repeat visitors and at which point people leave the site. These facts can help the site make more informed site design and advertising decisions. Since cookies can also be set by advertising banners that appear on a site, your travel can be monitored outside a single site through advertising banners on thousands of sites. This suggests that, at some point, coalitions of advertisers could work together to keep much more extensive track over individual activity and preferences on the Web.

The debate about cookies mirrors a larger debate about the risks and rewards of providing advertisers with detailed information about consumer preferences. There is no question that placing such information in the hands of advertisers can provide consumers with a higher level of convenience. For example, password protected sites are likely to become more common and remembering your various passwords can be a pain. Cookies can be set that incorporate information that eliminates the need to manually log in. Also, they can facilitate online ordering by incorporating information from past visits to the site. The question is whether this increased convenience is worth the price of less privacy about our usual preferences in our daily lives. Different people will answer that question different ways. And those who would not be concerned when the intrusion is small might become concerned as the level of intrusion increases.

As cookies become more pervasive, and as advertisers are able to track more and more of people's Web preferences, this issue will be driven further to the fore. This suggests that the philosophical debate will intensify and that practical solutions to consumer concerns will be developed. The search for solutions often drives software development, and this has already begun to occur. Software has begun to appear that can automatically or more selectively block them. Drop by http://www.usual.com for more information about these developments and for links to Web sites containing further information about cookies.

Go to Special Features for more information about Cookies.

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