HTML5, the next gen in HTML, apparently lets coders create the “evercookie.” This cookie places data in at least 10 places on your computer and doesn’t get deleted simply by using the “delete cookies” function of your Web browser.
The potential for abuse of HTML5 evercookies makes Google’s DoubleClick DART cookie tracking for interest-based advertising look harmless by comparison. In fact, you could consider this new cookie as blurring the line between “cookie” and “spyware.” Talk with your Website attorney before using evercookies.
If you’re marketing as an affiliate, the evercookie would increase your chances of making a commission from those you refer to a product or service. On the other hand, if you’re the one having the evercookie downloaded on to your computer, there’s potential to track all of your website viewing habits and worse without your knowledge or consent.
One thing is clear. If evercookies are legal, you’ll still want to clearly disclose to your website visitors how you’re using them on your site and what type of information you’re collecting with them.
To your online success!
-Mike the Website attorney
P.S. Be sure to get your free copy of the Website Owner Privacy Report.