NebuAd (Senate testimony), has drawn fierce criticism from privacy advocates in recent weeks for working with Internet service providers to track the online behavior of their customers and then serve up targeted banner ads based on that behavior.
According to Ari Schwartz, vice president of the Center for Democracy & Technology, a civil liberties group, says NebuAd software tracks where a user goes on the Internet and mines that information to deliver customized online ads.
Privacy activists say adware companies duped many Web surfers into downloading their software programs by bundling them with free screen savers, online games and other Internet applications.
NebuAd is somewhat different in that it works directly with Internet service providers to scan their customers’ Web surfing habits and deliver ads presumed to be of interest to them.
NebuAd has been accused of forging Google data packets for Charter Cable. The packets had extra Javascript code in them which loaded data from another page. A study by Public Knowledge accused NebuAd of hijacking browsers, employing man-in-the-middle attacks, modifying the content of TCP/IP packets and loading subscribers’ computers with unwanted cookies.
NebuAd denied those claims, saying it allows users to opt out of its advertising at any time and it uses industry-standard cookies, not exploits, to deliver the targeted ads.
According to the Washington Post, NebuAd may be violating a 1986 federal wiretapping law that “requires at least one party to a communication to consent to a wiretap.” British technologists have leveled similar criticisms against a NebuAd-like system being prepared in that country by Phorm.
Although no major Internet service providers are known to have partnered with NebuAd so far, a number of smaller ones have worked with the company, including Wide Open West, a privately held broadband company based in Denver, although the company has since stopped using the company’s advertising software.
On Tuesday, the Redwood City, Calif., company unveiled a new set of privacy protections, including an online notification system and an opt-out mechanism for consumers.
Besides NebuAd, Wednesday’s hearing in the Senate Commerce Committee may also examine Facebook’s “Beacon” monitoring tool, which tracked online purchases made by Facebook members and sent alerts to their friends on the site.
Among the issues on the table, according to the AP, is whether Internet companies should be expected to make their programs “opt-in” (you’re automatically excluded from a service unless you sign up) or whether “opt-out” (you’re automatically in unless you speak up to say no) is acceptable.
The hearing could lead to new bills.
Currently, the NSA’s “secret room“, at major switching points, allegedly uses Narus gear to intercept and analyze IP traffic from a variety of networks.
So far the voting doesn’t look good if you’re opposed to telecom immunity, says Broadband Reports, with all three anti-telco immunity amendments being defeated. The Baltimore Sun thinks expanded wiretap powers should be rejected.
“You don’t have to look far into history to know that when the government, any government, is given secret authorities, that those authorities are ultimately abused,” said Mike German, a former FBI agent who is now policy counsel for the American Civil Liberties Union. “You don’t even have to attribute bad motives to anyone. In an intelligence officer’s zeal to protect the country, they often will overstep their bounds.”
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