Re. flash, sure, people can use flash in different annoying/dangerous ways. Perhaps someone can pressure the company that maintains flash, eg. Adobe, to make flash less of a pain in the ass.

And as for ToS...

http://en.wikipedia.org/wiki/Local_S...ivacy_concerns

On 10 August 2009, Wired magazine reported that more than half of the top websites used Local Shared Objects to track users and store information about them but only four of them mentioned it in their privacy policy. "Flash cookies are relatively unknown to web users," it said, "even if a user thinks they have cleared their computer of tracking objects, they most likely have not."