Last week, Ask.com announced a feature called AskEraser (good description here), which erases a user’s search history. While it’s great to see companies using privacy features for competitive advantage, EPIC examined the feature and wrote to the company with some problems:

The first one is the fact that AskEraser uses an opt-out cookie. Cookies are bits of software left on a consumer’s computer that are used to authenticate the user and maintain information such as the user’s site preferences.

Usually, people concerned with privacy delete cookies, so creating an opt-out cookie is “counter-intuitive,” the letter states. Once the AskEraser opt-out cookie is deleted, the privacy setting is lost and the consumer’s search activity will be tracked. Why not have an opt-in cookie instead, the letter suggests.

The second problem is that Ask inserts the exact time that the user enables AskEraser and stores it in the cookie, which could make identifying the computer easier and make it easy for third-party tracking if the cookie were transferred to such parties. The letter recommends using a session cookie that expires once the search result is returned.

Ask’s Frequently Asked Questions for the feature notes that there may be circumstances when Ask is required to comply with a court order and if asked to, it will retain the consumer’s search data even if AskEraser appears to be turned on. Ask should notify consumers when the feature has been disabled so that people are not misled into thinking their searches aren’t being tracked when they actually are, the letter said.