A legal problem with planting a cookie in another site's domain

[Roland Perry]

In article <015701c89bd1$f04ae750$e57ea8c0@Jinja>, James Firth 
<james2@jfirth.net> writes
>Either way gentlemen, my argument was for a website that wasn't providing an
>information society service that had reasonable grounds to use cookies in
>provision of said service.
>
>A POW (Plain, ordinary website) with a privacy policy "we use no cookies and
>store no information about visitors".  Visitor goes to website and finds
>cookies under the website's domain.  Grounds for a complaint against an
>apparently defective privacy policy?

Are you volunteering to make this argument to ICO, and see what they 
say?
-- 
Roland Perry