Thursday, June 14, 2012

EU Cookie Law, Patent Lobbying and Business Compliance: An Evidence-Based Approach is Needed


We already warned everyone about the coming problem of the EU Cookie Law one year ago (at EUPUndit here) and then recently (at EUPundit here) as well.

Unfortunately for them, too few people read LawPundit or EUPundit, preferring blogs and websites that concentrate on quirky off-beat legal questions of little practical value or that focus on politically sensational ephemeral events.

So now, there you have it. The problem is on everyone's doorstep. What to do? We ourselves have adopted the free SilkTide solution (EUPundit here).

We might point out in the context of solving problems raised by the EU Cookie Law that an "evidence-based" approach should be preferred. "Evidence-based" is the new watchword in law, politics, science and humanities -- at least so we allege, because we have been at the forefront of this development in our postings for years -- indeed, we have even started the first Pinterest board to be titled "Evidence-Based".

Specifically, on point, at Out-Law.com at Cookie law disaster should force companies to emulate patent world lobbying, says expert we find written:
"Businesses must engage the media and arms of government more effectively. Like the patent lobbyists they must make clear evidence-based connections between the value of innovative technologies dependent on the use of personal information and the benefits these technologies bring to society."
We would pin that article to our Pinterest board but Out-Law.com, for all of its pioneer posting efforts, is still behind the times and has no Pinterest-capable image that represents its website.

By the way, we do not agree at all -- in many cases -- that patent lobbyists have established evidence-based connections for the overly broad patent protection that the law mistakenly grants today, but there is no doubt that the evidence-based approach must find increasing application at all levels of policymaking and rulemaking in a world dominated by hype that often has little or no actual evidence-based support.