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(Mis)Uses of Technology

by Mike Masnick

Tue, Feb 10th 2009 1:10am




Filed Under:
clickstream tracking, isps

Companies:
nebuad


ISPs: It Was All NebuAd's Fault!

from the not-us!-not-us! dept

With Congress clearly indicating that it believed NebuAd's clickstream tracking behavioral advertising was illegal, there have been efforts underway to file class action lawsuits against the various ISPs who tested the service. It appears those ISPs have an interesting defense they're trying: it wasn't us! Specifically, they're claiming since all of the customer clickstream data resided on NebuAd servers, none of the blame can be put on the ISPs. That seems unlikely to fly in court, however, considering that the ISPs teamed up with NebuAd specifically for the purpose of tracking that data.

4 Comments | Leave a Comment

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  1.  
    identicon
    Simon, Feb 10th, 2009 @ 3:51am

    So the claim is...

    ...they gave a third-party access to everything with no idea what they would be doing with it? Hmmm, because gross negligence is much better!

     

    [ reply to this | link to this | view in thread ]

  2.  
    identicon
    inc, Feb 10th, 2009 @ 4:06am

    no safe harbor there huh?

     

    [ reply to this | link to this | view in thread ]

  3.  
    identicon
    Dan, Feb 10th, 2009 @ 7:28pm

    When you climb into bed with the devil you risk the perils of the devils seed. You made your bed now quit crying.

     

    [ reply to this | link to this | view in thread ]

  4.  
    identicon
    TFP, Feb 11th, 2009 @ 5:21am

    At least

    you in the USA have that option (class suit), BT are doing the same thing with Phorm over here in the UK, and not only are our government and consumer protection sayings it's ok and legal, we have no recourse to group suing or any protection whatsoever.

     

    [ reply to this | link to this | view in thread ]


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