Sunday, 12 February 2012

Web users sue NebuAd on privacy grounds

ISP customers seek damages from behavioural targeting firm

US-- A group of internet users are seeking millions of dollars in damages from behavioural targeting firm NebuAd, claiming their online activity was monitored without their consent.

The class action suit, filed in a district court in California on Monday, names NebuAd and several internet service providers with whom it partnered for its ad targeting service, including Cable One, CenturyTel and Embarq.

The plaintiffs claim their data was intercepted between November 2007 and July 2008, in violation of the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, the California Invasion of Privacy Act and the Computer Crime Law.

NebuAd's system, which has since been suspended due to controversy about the privacy implications, uses deep packet inspection technology to track the activity of internet users and deliver targeted advertising to them.

The plaintiffs are seeking up to $10,000 each in statutory damages or $100 for each day their activity was intercepted, plus compensatory and punitive damages and any profits earned by the companies through the tracking of their online activity.

The suit is filed on behalf of any customers of these ISPs whose internet activity was intercepted, and the plaintiffs said the total sought for all plaintiffs and proposed class members would exceed $5m.

NebuAd could not be reached for comment at the time Research went to press.

Author: Robert Bain

Related links:

Privacy fears put NebuAd's ad targeting plans on hold

ISPs cautious on behavioural targeting

Congress unimpressed by Embarq's web tracking ‘opt-out'

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