MediaPost: Case Against Adzilla Settled, Legality Of Targeting Based On ISP Data Not
MediaPost reports on a privacy lawsuit against behavioral targeting company Adzilla. (For another case concerning targeted behavioral advertising, see a January report from Courthouse News on Kirch v. Embarq Management, a class-action lawsuit (pdf) claiming that Delaware-based Embarq Management and Kansas-based United Telephone “secretly installed ‘unprecedented, extraordinarily pervasive’ spyware on their broadband networks, allowing them to spy on and profile their customers for targeted online advertising.”)
A privacy lawsuit against behavioral targeting company Adzilla and its partners was quietly settled late last month, according to court records.
Adzilla, which stopped operating in the U.S. in 2008, did not acknowledge any wrongdoing as part of the settlement, said Scott Kamber, the lawyer who brought the case.
He added that Adzilla agreed that it will “require opt-in consent of consumers or any consent that may be required to avoid violation of the Electronic Communications Privacy Act” should it resume ISP-based targeting in the U.S. Terms were otherwise confidential.
The settlement leaves unresolved whether it’s legal to target Web users based on data purchased from Internet service providers. [...]
The case against Adzilla was filed last year by Richmond, Va.-resident Susan Simon, who alleged that Adzilla, her ISP — Internet service provider Continental Visinet Broadband — and other companies violated a host of laws, including the federal wiretap statute.
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April 10th, 2010 at 1:50 am
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