The Cookie Conundrum

Cookie notices are a pain in the ass. They enrich lawyers and impoverish everyone and everything else they touch. Most of them also make no more sense than the notice above.

We have a cookie notice too, because our lawyer says we need one—unless, that is, we can provide a good reason why we don't need one.

So we're looking for help with that, because we're caught in a conundrum: the need to not track people and to not fly blind.

To not fly blind, we need Google Analytics, which tracks people. We don't don't use Google Analytics for that, and have turned off everything that might give us a clue about who is visiting our site. For example, we've opted out of all choices that feed Google's advertising system.

But Google still sees what your browser says about you (e.g. what brand of browser, what kind of device, and what operating system you are using), and gives you a cookie with which it can track you. Yes, they anonymize you, but you're still packing an identifier.

And yes, we've A/B'd Google Analytics with Matomo at one of our sister sites. In the words of one staffer, "Basically we all felt as if we had been punished having to use Matomo..."

We have the same problem with Disqus, which we use for comments. Also for Campaign Monitor, which we use for our email newsletter. We do everything we can to keep them from tracking you before you're logged into them, but we do place one cookie apiece for them, so their stuff works for us.

There are no substitutes for Disqus, unless we don't want to enable comments at all. If we host comments ourselves, we instantly drown in spam. We can't use Coral because that pretty much requires a dedicated staffer, which we can't afford.

While there are substitutes for Campaign Monitor (e.g. MailChimp), all of them depend on tracking in some form. (For example, to see what gets clicked on, and which subscriber clicked on what.)

So we have two goals here. The short-term and trivial one is whether or not to have a cookie notice, and what to say on it if we do. The long-term and essential one is to encourage development of tools on the users' side that provide standard ways globally to control what others do with tracking. In other words, to put the user in charge.

We want users to have agency, scale and power in the marketplace and in the technical world. Right now, at least on the Web, they don't. And that needs to be fixed.