Supercookies are legal, but I don’t think they should be.

In this remark, Barton distinguishes between what the law currently permits and what he believes public policy ought to permit. “Supercookies” (tracking identifiers designed to persist or be difficult for users to delete) raise privacy and consent concerns because they can enable long-term monitoring of individuals’ online behavior. The quote signals a normative stance: legality is not a sufficient test for legitimacy, especially where consumer autonomy and informed consent are at stake. It also implies a regulatory gap—technologies can outpace statutes—suggesting the need for updated rules or enforcement to align digital advertising practices with privacy expectations.