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PostPosted: Fri May 25, 2012 10:32 pm 
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abernyte wrote:
Dear Chris,
Thank you for your letter received today.
It does appear that Nominet are having some difficulty in complying with the recent change in the law. We have decided that they are really important people in the Intertubes stuff and that we are likely to get our ass handed to us if we try to enforce the law with them.
Thanks anyway.
Love

ICO

It looks like Nominet now have a solution in place. I've noticed many other sites changing today.


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PostPosted: Fri May 25, 2012 10:43 pm 
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Yep and there is no button to change your mind.

Strange how they did it so soon after a phone call and some emails ???

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PostPosted: Fri May 25, 2012 11:10 pm 
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Webdongle wrote:
Strange how they did it so soon after a phone call and some emails ???
Nah! They must have been planning this for ages - many others have done the same today.


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PostPosted: Sat May 26, 2012 7:54 am 
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abernyte wrote:
As of 2011 Joomla out of the box, has placed its users in the EU as liable under EU Law for the cookie is delivers without consent (session) It also provides a means of distributing extensions which actively promote the use of 3rd party tracking cookies.
A small number of individuals in the community have in the past 9 months attempted to address these issues in the way of developing extensions. They have repeatedly asked on the boards for developer input to better understand how Joomla handles cookies but these requests have gone unheard.
An early thread on this subject some 9 months ago saw influential members of this project argue strongly against the need to do anything. It is a European problem after all.

This is a problem that is best fixed by Joomla being in compliance and help its users achieve legal compliance. Joomla..."all together, as a whole." I cannot see how OSM can stand on the sidelines and say that it is for another part of the organisation to fix. Had this legislation been enacted in the USA, would we be in this situation now?

Deepest regards.

It's not clear to me that anything needs to be changed in Joomla itself. Those sites affected should be able to achieve compliance by installing an extension and in some cases adjusting their templates. If I'm wrong and code changes are required, then please open a tracker item explaining what needs to be done and why, with test instructions. If you can post a patch that addresses the issue then that's even better.

Regards,
Chris.

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PostPosted: Sat May 26, 2012 8:28 am 
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Thanks Chris.

Quote:
Those sites affected should be able to achieve compliance by installing an extension


Joomla out of the box is not compliant. Perhaps you might be so kind as to point us to an extension that allows Joomla to comply with PECR 2003?

We know of one user developed extension that can block some 3rd party cookies but not all. It is in the JED. There is one that can block the session cookie. Its not in the JED, and we have no idea what the implications of that are, although it does seem to operate correctly.

How many Joomla users have the necessary knowledge to make the required code changes to both Joomla or their templates to achieve compliance do you think?

As for adding something to the Tracker, the user Webdongle developed KookieGrab which is GPL, pephars he might be so kind as contribute his code.

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PostPosted: Sat May 26, 2012 12:21 pm 
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@Chris Davenport
Thanks for stopping by, but I have a couple of questions for you based on your post.
Chris Davenport wrote:
It's not clear to me that anything needs to be changed in Joomla itself. Those sites affected should be able to achieve compliance by installing an extension and in some cases adjusting their templates. If I'm wrong and code changes are required, then please open a tracker item explaining what needs to be done and why, with test instructions. If you can post a patch that addresses the issue then that's even better.

Regards,
Chris.


This may be moot now that 'implied consent' is being used, however:

I would like a clear and well explained answer regarding the Joomla! session cookie
Q1. Is the session cookie necessary for users that are not logged into the site?
Q2. Can you please explain Q1 answer detailing why?

As all other cookies come from admin installed templates/extensions then the site admin is responsible, but the session cookie is part of Joomla core. I can choose to use or not use an extention, but if I want to use Joomla I must install the Joomla core and accept that a session cookie is set. Installing an extention to undo something in the core code is backwards - if it is not necessary, why is it in the core code to begin with.

So, if the answer to Q1 is "it is not necessary", then why does it set the cookie for 'guest' users - and can we have either (i) an option to turn it off for 'guest'; (ii) not set it at all for 'guest'

Chris Davenport wrote:
...please open a tracker item explaining what needs to be done and why, with test instructions.


Having never done this with Joomla, I don't know where to start.
Where can I open a tracker?
How technical does it need to be - eg is "stop setting the session cookie for 'guest' users because it is not strictly compliant with the new EU PECR law" OK.
Test instructions?
Do we need to detail test cases and expected results for multiple use cases (platform only, platform+cms, etc) or is it OK to say "install new, or update existing joomla cms, visit the site, check for session cookie, if it is not set then PASS"?

Chris.


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PostPosted: Sat May 26, 2012 1:32 pm 
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abernyte wrote:
...
As for adding something to the Tracker, the user Webdongle developed KookieGrab which is GPL, pephars he might be so kind as contribute his code.
It's not my code it's just the Login module modified with some install script to create the user and user group and view level. It would be easy for the Dev's to enhance the current Login module. and create the extra database field. Actually it would not need configuration of the user if it was already part of Joomla core.

I don't know enough about Joomla installation to know which xml files would need editing, but a Dev would. And then it would just be a matter of adding to the default.php file.

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PostPosted: Sat May 26, 2012 4:30 pm 
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@Webdongle @Abernyte

That is pretty much the same as my module (I only automate what someone could do in admin and add a button and text). It is freely available on github (fork away)

https://github.com/KISS-Web-Design/mod_cookiechoice

I have also added some js to show/hide the button and text and have decoupled it from the login module look'n'feel - and it changes the core file for installing modules so that new modules are automatically set to the view level for cookies accepted.
Which is why it is not on JED - not allowed to hack the core files and be on JED.

Will also soon be adding code to stop someone resetting the password when they have accepted cookies (or remind, or mess with the profile) - again hacking the core code.

I also have a way to block the session cookie from being set, but I can't get it to install with the rest of the module and work - it has to be a plugin - so I am testing to see if it possible to install a plugin through the module install script. That way it is a single install solution.

Chris.


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PostPosted: Sat May 26, 2012 4:49 pm 
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chrisjg wrote:
...It is freely available on github (fork away)

https://github.com/KISS-Web-Design/mod_cookiechoice

...
Why not create a patch and submit it to the features tracker ?


chrisjg wrote:
@...
I have also added some js to show/hide the button and text and have decoupled it from the login module look'n'feel - and it changes the core file for installing modules so that new modules are automatically set to the view level for cookies accepted.
Which is why it is not on JED - not allowed to hack the core files and be on JED.
...
But if you use a separate user group and not just rely on view levels then the user can not change the password.

Also my extension does not hack core files and has it's own language files. That's why I maintain your approach is totally different.

chrisjg wrote:
...
I also have a way to block the session cookie from being set, but I can't get it to install with the rest of the module and work - it has to be a plugin - so I am testing to see if it possible to install a plugin through the module install script. That way it is a single install solution.

...

There is a method for doing that http://docs.joomla.org/Package

Look forward to see your extensions in JED once you have them with their own files and not hacking the core files.

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PostPosted: Sat May 26, 2012 5:57 pm 
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Webdongle wrote:
There is a method for doing that http://docs.joomla.org/Package

Thanks, I knew there had to be a simple way to do it.

Webdongle wrote:
Also my extension does not hack core files and has it's own language files. That's why I maintain your approach is totally different.

Mine does have separate language files too. The fact that I hack one core file is the only real difference between the two solutions (the rest is just window dressing).

The hack (it is only 1 line -1 character actually - that changes) is to ensure that any new module (that might contain cookies) does not require admin actions to check for cookies and change viewing level after installation (otherwise after install the admin will have to remember to change the view level - forgetting to do so potentially means breaching the law) - essentially I take that potential to forget away, and comply by default. If the new module does not set any cookies the admin can set access to 'public'.

Webdongle wrote:
But if you use a separate user group and not just rely on view levels then the user can not change the password.

I do use a separate usergroup, but that does not stop someone changing the password. Once someone accepts cookies (ie they login), all they to do is put
<deleted to protect the innocent>
and they can change the password for the account - regardless of the usergroup.

Webdongle wrote:
Why not create a patch and submit it to the features tracker ?

Will look into this, see what/how/etc I need to do.

Hopefully get it all done and into JED then :-)

Chris.


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PostPosted: Wed May 30, 2012 9:28 am 
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I found this: http://chris-potter.co.uk/2012/05/eu-co ... la-plugin/

They have a version for 1.5 & 2.5


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PostPosted: Wed May 30, 2012 10:17 am 
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It is only to stop GA cookies
It still drops GA cookies before accepted
It uses javascript(some don't want a javascript solution)
And it disappears when you scroll the page.
Attachment:
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Attachment:
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 Post subject: Re: Cookie Control
PostPosted: Wed May 30, 2012 10:28 am 
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Hi,
We have a Joomla cookie plugin which is available on our website. It is waiting to go in the extensions directory so hopefully will be there soon. There is a free lite version and a commercial one which has more options for styling.

http://www.channelcomputing.co.uk/devel ... odule.html

Hope that helps.
thanks
Pete

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Last edited by ooffick on Wed May 30, 2012 12:18 pm, edited 1 time in total.
Mod Note: Changed Link


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 Post subject: Re: Cookie Control
PostPosted: Wed May 30, 2012 11:09 am 
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pgraves wrote:
.
apart from your double post, did you look at the topic viewtopic.php?f=575&p=2817950#p2817950 where all these items are being discussed and tested. does you extension comply with uk only??
its also a nicety not to keywords stuff your post.

For anyone esle, here is the topic to discuss this issue etc viewtopic.php?f=575&p=2817950

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 Post subject: Re: Cookie Control
PostPosted: Wed May 30, 2012 11:33 am 
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@pgraves

Your site drops cookies before they are accepted
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 Post subject: Re: Cookie Control
PostPosted: Wed May 30, 2012 8:17 pm 
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Hi Mandville,
No keyword stuffing on my post except where needed to explain what was going on, I don't think there is anything wrong there. The link to to the other post was broken earlier but all good now, I'm happy to chat over there now it is working.

Webdongle our plugin makes no attempt to change the way Joomla works, or Google Analytics, we definitely didn't set out to interfere with the functioning of web sites, or Joomla. So yes cookies are placed as soon as you visit just like all Joomla sites. The main intention is to gain user acceptance as soon as possible, which appears to be one of the main tenets of the rules.

It remains remarkable how heated many people are getting over this law - and the various solutions to it. I don't think any of us made up the silly law, and hopefully it will fall by the wayside sometime soon, but there are a number of good solutions coming out of the community now with slightly different approaches to each of them, so it will be interesting to see how these things are clarified once the ICO eventually makes up its mind how to enforce the thing, or whether to do so at all.

That's enough of that then I guess, over to http://forum.joomla.org/viewtopic.php?f=575&p=2817950

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PostPosted: Wed May 30, 2012 8:47 pm 
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As of today another extension to Joomla! is available to help you with this issue - PixCookieRestrict. It will stop the standard Joomla installation cookies from being placed on the visitors device until the visitor has actively agreed to accept cookies by clicking the module button. It will also look for cookies placed there by JavaScript and remove them.
We do not guarantee the prevention and/or removal of all third party cookies, for example cookies placed there by Facebook. However, in the case of Google Analytics, we have developed the plugin, PixAnalytics, to compliment PixCookiesRestrict which will prevent Googles tracking until the user has agreed to accept cookies. http://labs.pixpro.net/9-extensions/111 ... esrestrict


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 Post subject: Re: Cookie Control
PostPosted: Wed May 30, 2012 9:03 pm 
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pgraves wrote:
...
our plugin makes no attempt to change the way Joomla works, or Google Analytics, we definitely didn't set out to interfere with the functioning of web sites, or Joomla. So yes cookies are placed as soon as you visit just like all Joomla sites.
.....
Not accurate ... not all Joomla sites drop cookies before informed consent is obtained. I could prove it but that could be considered self promotion.



pgraves wrote:
...
The main intention is to gain user acceptance as soon as possible, which appears to be one of the main tenets of the rules.
.....
Hogwash, that is obviously a misinterpretation of of what they say. And to hide behind the concept that
"Wherever possible the setting of cookies should be delayed until users have had the opportunity to understand what cookies are being used and make their choice. Where this is not possible at present websites should be able to demonstrate that they are doing as much as possible to reduce the amount of time before the user receives information about cookies and is provided with options."
http://www.ico.gov.uk/for_organisations ... ce_v3.ashx

As can be seen by my site the 'Where this is not possible' exception does not apply to Joomla.

Also to drop cookies with a message asking for permission to ... is at the very least misleading.

Joomla can be totally compliant ... your plugin does not do anything to make Joomla compliant.

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PostPosted: Wed May 30, 2012 9:14 pm 
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sarahwatz wrote:
PixCookieRestrict.
how much is a PixCookies 12 months subscription?

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PostPosted: Wed May 30, 2012 9:24 pm 
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That site does appear to work but drops GA cookies before acceptance.

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 Post subject: Re: Cookie Control
PostPosted: Wed May 30, 2012 9:42 pm 
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I've been following the exchanges regarding this issue with interest and have tried the Channel Computing plugin, which works successfully.

The arguments about how well it meets the requirements of the legislation and the critisisms that have been levelled all seem rather academic and pointless in the absence of any better solution. It's all to easy to snipe at those who stick their heads above the parapet, but at the end of the day, they are actually doing something, rather than just sit and gripe.

Constructive debate is always welcome, but that's not what I see here.

CC will undoubtedly continue to refine their plugin, so let's offer them support not flames.


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 Post subject: Re: Cookie Control
PostPosted: Wed May 30, 2012 10:29 pm 
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Gewitty wrote:
I've been following the exchanges regarding this issue with interest and have tried the Channel Computing plugin, which works successfully.
...

But the author says that it is not designed to stop cookies and all it is meant to do is inform visitors about the cookies. That is not working in that it does not stop cookies even though on first appearance it appears to be claiming that.


Gewitty wrote:
...
The arguments about how well it meets the requirements of the legislation and the critisisms that have been levelled all seem rather academic and pointless in the absence of any better solution....
There are better solutions and visiting the sites proves they work.


Gewitty wrote:
...
Constructive debate is always welcome, but that's not what I see here.
...
Nor do I. What I see is someone jumping on the band wagon with a 'solution' that clearly does not work.


Gewitty wrote:
...
CC will undoubtedly continue to refine their plugin, so let's offer them support not flames.

But they obviously have no intention making their plugin to help Joomla sites comply with the law.
pgraves said
"our plugin makes no attempt to change the way Joomla works, or Google Analytics, we definitely didn't set out to interfere with the functioning of web sites, or Joomla. So yes cookies are placed as soon as you visit just like all Joomla sites. The main intention is to gain user acceptance as soon as possible,"

That function can be obtained by using one of many free extensions already in JED. But they give the impression that the 'solution' they are selling does more than just put a message up. They imply that cookies will only be placed after acceptance.
Attachment:
21.JPG


There are many sites doing that and be warned ... a list of sites are being compiled and will be submitted to the ICO soon.


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 Post subject: Re: Cookie Control
PostPosted: Wed May 30, 2012 11:17 pm 
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Gewitty -I think you misunderstand that while the community ( and the BWS) are offering solutions several of us are testing those and reporting those that are not offering the solution that people are looking for, or work as stated.

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 Post subject: Re: Cookie Control
PostPosted: Wed May 30, 2012 11:40 pm 
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Thanks Gewitty,
I'm also going to stay out of this thread now, it seems got needlessly over-heated over what at best is probably not one of the EU's most useful laws.

While I respect the approach that webdongle has taken and his interpretation of what the rules require, there are also a number of solutions out there along similar lines to ours on the various platforms, and none of us - whatever we think - actually know how this law is going to be interpreted yet, despite the many pieces of guidance (and rumour) that have come out so far. Our approach has been deliberately to try to keep it simple and not interfere with the core functioning of Joomla or existing web sites, while still gaining acceptance from users for the site's cookies, and having read through a lot of ICO paperwork I think there is merit in that approach.

I'm sure over the next few months we'll find out more - perhaps there will be one definitive solution eventually, and if your solution becomes "the one solution to rule them all" Kevin, I'll send you a nice postcard from Cornwall.

Mandville I liked your post elsewhere about all reverting to static html sites - appears almost attractive now doesn't it. In all seriousness if you have any reasons about our solution and compliance with the directive I would welcome them, and will use them if I agree, please let me know if you can add anything.

In the mean time I don't think its important enough to get steamed up about, we'll find out soon enough if there is a "right way" or not, hopefully we can all get along with continuing to make good use of Joomla - and add to it when we can.

All the best,

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 Post subject: Re: Cookie Control
PostPosted: Thu May 31, 2012 12:10 am 
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mandville wrote:
Gewitty -I think you misunderstand that while the community ( and the BWS) are offering solutions several of us are testing those and reporting those that are not offering the solution that people are looking for, or work as stated.

Yes and one of the criterion that I use is to check if the site offering their 'solution' complies to the regulations if they need to or have a demo that claims it works.

http://kissjoomla.stempsite.co.uk/ is one solution that works. Originally it did not work but because of feed back the author got it working.

http://www.viryasoftware.com/virya-cook ... cookie-law are working on a solution. And are in the process of making their site comply http://www.viryatechnologies.com/EU-Coo ... iance-scan

http://www.conquerjoomla.com/ has a solution for handling the Joomla session cookie that works.

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 Post subject: Re: Cookie Control
PostPosted: Thu May 31, 2012 12:53 am 
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pgraves wrote:
...
While I respect the approach that webdongle has taken and his interpretation of what the rules require, there are also a number of solutions out there along similar lines to ours on the various platforms, and none of us - whatever we think - actually know how this law is going to be interpreted yet, despite the many pieces of guidance (and rumour) that have come out so far. ...

There is a lot of uncertainty true.


pgraves wrote:
... Our approach has been deliberately to try to keep it simple and not interfere with the core functioning of Joomla or existing web sites, while still gaining acceptance from users for the site's cookies, and having read through a lot of ICO paperwork I think there is merit in that approach.
...
There is some weight to the interpretation that dropping the cookies is OK so long as the visitor is informed. But although you use that approach ... the wording on your site implies that cookies need to be accepted. What is the reason for making it look like cookies have to be accepted .... when you are not using that interpretation ?

Also if your 'solution' only informs the visitor then it does no more than the free popup extensions that are in JED



pgraves wrote:
.... - perhaps there will be one definitive solution eventually, and if your solution becomes "the one solution to rule them all" Kevin, I'll send you a nice postcard from Cornwall.
...
My solution is not a complete solution and even though it was the first in JED it is not the only working solution. But if it it does become the "the one solution to rule them all" it not be necessary to send a post. I will visit Cornwall and you can buy me a few pints.


pgraves wrote:
...
In the mean time I don't think its important enough to get steamed up about, we'll find out soon enough if there is a "right way" or not, ...
Nobody else has used any phrases like steamed up

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PostPosted: Thu May 31, 2012 9:37 am 
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Quote:
I'm also going to stay out of this thread now, it seems got needlessly over-heated over what at best is probably not one of the EU's most useful laws.


The problem is, it's a well-intentioned law that hasn't necessarily been thought through properly. Where users privacy is at stake, things will always get a little heated. As someone observed earlier, though, cookies are the very tip of the iceberg!

Quote:
while still gaining acceptance from users for the site's cookies


I think at it's root, the issue raised with your solution boils down to this;

You are asking for permission, but not actually doing anything to require permission (i.e. the cookies are being set anyway). If your banner said "We set cookies to improve your experience, if you continue you accept" or similar then there'd probably be less objections (I still don't feel this is in the spirit of the law, but as the big players have all taken this route I suspect it'll become the norm).


There are many sites doing that and be warned ... a list of sites are being compiled and will be submitted to the ICO soon

I promise I'll fix my personal domain soon ;)


I'm actually planning on doing a comparative write-up of the various solutions listed here, hopefully later today (if I don't get buried in something else!). Obviously we have a solution we are selling, but I'm going to try and avoid bias because it's meant to be a useful resource rather than a marketing tool.

I've also implemented a 'Implied Consent' mechanism into Virya Cookie Monster. As I've said before, I don't feel it's a solution that should be considered compliant, but it apparently is so people are going to want it! Once I've hammered a few bugs all our sites should slip into compliance. To begin with, VS is going to need to use Implied Consent purely on the basis that I don't have the time to properly integrate VCM into all of the systems it uses (the custom ones are the issue really) but in future should change to something I'd consider more acceptable.


@Kevin

I had an interesting piece of feedback from a customer earlier, which would also apply to your solution (probably Chris' too). The user was concerned about the automatic creation of a Joomla user, and didn't understand why it was necessary. I explained why it had to be done, but it did highlight an issue from a developers PoV with this: Users are becoming more and more aware security wise (which is a good thing) but that also means that sometimes good solutions will be deemed 'unacceptable' because of what is perceived as a 'bad' thing.

I may have missed it, but I've yet to see a Joomla solution that doesn't need to use ACLs (i.e. needs a user)? The only alternatives I've seen simply work by unsetting any cookies that have been set (which I don't think actually complies with the law) or by telling the user that cookies are used and offering no choice. I'd love to be able to find a way to achieve the end result without, but it seems to be a bit of a brick wall at this point!

In an ideal world, there'd be a Joomla function setCookie that had to be used for all PHP cookie setting operations (i.e. instant rejection from JED for using $_COOKIE). We'd then be able to alter that to achieve the desired end, though we'd still need to do some work to catch the JS nasties!

Ach, I dunno. Cookies used to be a good thing, but they've been mis-used so badly that no-one trusts them. It'd help if they were given sensible names rather than a MD5 hash as the name. If your cookie is supposed to track my chosen font size, why not call it font_size rather than blah1234456?

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http://www.viryatechnologies.com


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PostPosted: Thu May 31, 2012 5:58 pm 
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Joomla! Virtuoso
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Location: Écosse - Scozia - Escocia - Škotija -स्कॉटलैंड
As the smoke from the first salvoes clear, a quick trip around the intertubes reveals sites dropping into the following groups:

Total non compliance
Usual suspects who have just not acknowledged that the law applies to them in any way and have continued as if nothing has happened. They are probably those you see speaking on their mobiles whilst driving and have their seat belt hooked over their shoulder to give an impression of wearing one. The irresponsible smart ass generation for whom rules are for others.

Fudged partial compliance
This lot have made an attempt to read what is required but have decided they need a fig leaf to hide their half hearted attempts to comply. So they have acknowledged that they use cookies but rather than gain consent they are trying to hide behind the statement "if you continue you must be accepting our cookies" They make no attempt to block them prior to consent. This group don't explicitly say what the cookies are but they bury it in the Privacy Statement and say it is to "improve the user experience" Now, how getting stuffed with 9 tracking cookies of several varieties improves my user experience is beyond me. There are lot of "Big Players" in this category.

Yes we use cookies. So what - sue me
This lot think that compliance means telling users that they use cookies, don’t say what type or what they do, but if you don't like it then change your browser settings, you numpty and stop bothering us. These arrogant gits are the ones most likely to sell their and your granny to any advertising network prepared to cross their palm with silver. Some really big sites in this group and they should know better but are spitting in the ICO's eye across the saloon table.

Geez, you are killing me but I am doing my best here.
This group have burst a gut to get into compliance, or at least tried. Good clear information upfront on what and where the cookies are and do. They have managed to reduce or eliminate most and have openly explained those they can't control easily. (They still sneak a few GA cookies in, as someone is still peddling the myth that GA cookies are first party and okay. In your dreams)
To be commended as they are far and few between and at least are giving the users a fair chance.

So what group does your sites fall into?
You might have noted how all attempts to interest Joomla into building compliance into the core crashed and burned faster than the Hindenburg.

Into which category are we to place the Joomla fora?

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PostPosted: Fri Jun 15, 2012 7:59 am 
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Location: Écosse - Scozia - Escocia - Škotija -स्कॉटलैंड
For those that require it, the EU has given further direction on the exemptions to the requirement to block cookies prior to consent.
The direction comes from the Article 29 Working Party in the form of Opinion 04/2012 - 00879/12/EN WP 194
Quote:
Article 5.3 allows cookies to be exempted from the requirement of informed consent, if they
satisfy one of the following criteria:
CRITERION A:the cookie is used “for the sole purpose of carrying out the transmission of a
communication over an electronic communications network”.
At least 3 elements that can be considered asstrictly necessary for communications to take
place over a network between two parties:
1) The ability to route the information over the network, notably by identifying the
communication endpoints.
2) The ability to exchange data items in their intended order, notably by numbering data
packets,
3) The ability to detect transmission errors or data loss.
As such, CRITERION A encompasses cookies that fulfil at least one of the properties defined
above for Internet communications.

CRITERION B:the cookie is “strictly necessary in order for the provider of an information
society service explicitly requested by the subscriber or user to provide the service”.
In these terms, a cookie matching CRITERION B would need to pass both the following tests:
1) A cookie is necessary to provide a specific functionality to the user (or subscriber): if
cookies are disabled, the functionality will not be available.
2) This functionality has been explicitly requested by the user(or subscriber), as part of
an information society service.

Any cookie that is exempted from consent should have a lifespan that is in direct relation to the
purpose it is used for, and must be set to expire once it is not needed,...... This suggests that cookies that match CRITERION A and B will likely be cookies that are set to expire when the browser
session ends or even earlier.


This should dispel some of the wilder assertions that the law is unclear.

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PostPosted: Fri Jun 15, 2012 10:18 am 
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Joomla! Apprentice

Joined: Wed Jul 13, 2011 9:24 pm
Posts: 24
It is a good clarification document, and the ICO was part of the working party. The bit I like is the summary
Quote:
5 Summary and guidelines
This analysis has shown that the following cookies can be exempted from informed consent
under certain conditions if they are not used for additional purposes:
1) User input cookies (session-id), for the duration of a session or persistent cookies
limited to a few hours in some cases.
2) Authentication cookies, used for authenticated services, for the duration of a session.
3) User centric security cookies, used to detect authentication abuses, for a limited
persistent duration.
4) Multimedia content player session cookies, such as flash player cookies, for the
duration of a session.
5) Load balancing session cookies, for the duration of session.
6) UI customization persistent cookies, for the duration of a session (or slightly more).
7) Third party social plug-in content sharing cookies, for logged in members of a social
network.
Having regard to social networks, the working party notes however that the use of third party
social plug-in cookies for other purposes than to provide a functionality explicitly requested
by their own members requires consent, notably if these purposes involve tracking users
across websites.

Which says to me that if I am not a member of, or logged into, Facebook (for example), and your website has a facebook 'like' button (or comments box, etc) that sets a facebook cookie, you have to get my consent first.

Also
Quote:
This analysis also shows that first party analytics cookies are not exempt from consent but
pose limited privacy risks, provided reasonable safeguards are in place, including adequate
information, the ability to opt-out easily and comprehensive anonymisation mechanisms.

So, if you use analytics (like google analytics) which sets cookies, you must provide an easy way for a visitor to opt-out. How to define easy though. For me a list of actions required to block the cookies using my browser is easy - for my mum, it would not be easy, for her clicking a button is (usually) easy - anything else requires 'phone support' from her IT helpdesk (AKA me).
Or go down the implied consent route, and state that the only way to opt-out is to not use the website - which is an easy solution - but that does not remove the cookies - so perhaps a link or instructions are still required.

As for Joomla, there is a great new plugin in JED that blocks all cookies (and allows all cookies if the user accepts them) - and is free - http://extensions.joomla.org/extensions ... ards/21043 (I am not associated or affiliated with the developer). It may, however, cause some issues with other add-ons not working as intended (accessibility for example, where a cookie is set to indicate the font size the user wants). It also blocks the analytics cookies, which many sites (clients) feel is essential for them (although not the users) and want to use implied consent for them, and opt-in/out for the other cookies.

Shameless plug - https://github.com/KISS-Web-Design/mod_cookiechoice is my solution (it has now been submitted to JED, approval pending) which allows the site admin to block cookies by blocking access to the module that sets them (or hide menu links if the destination page contains components that set cookies - like the facebook comments, or like button on an article).
Use it in conjunction with https://github.com/KISS-Web-Design/plg_ ... e_override to stop anyone changing the password. I had to split it into two because my earlier version hacked the core files to prevent password changing, which is not allowed if you want the module listed in JED.

Chris.


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