Tag Archives: NebuAd

Two New Decisions on the Wiretap Act and Secondary Liability

The last two weeks have brought two important decisions in the ongoing litigation over behavioral advertising firm NebuAd’s alleged use of a device to intercept data from ISP networks. Several ISPs allegedly permitted NebuAd to install an “appliance” on their networks in order to collect and analyze subscriber data for ad targeting purposes.  In lawsuits … Continue Reading

Key Holdings in Google Street View Litigation: WiFi Not “Readily Accessible to the General Public” and ECPA Preempts State Wiretap Laws

The Northern District of California issued two key rulings last week in denying in part a motion to dismiss in In re Google Inc. Street View Electronic Communications Litigation, a consolidated action arising out of Google’s acknowledged interception of “payload data,” including emails, usernames, password, and other private data, from unencrypted home wireless networks using … Continue Reading

California Privacy Claims Survive Motion to Dismiss In NebuAd Lawsuit

In a recent order, Judge Henderson of the District Court for the Northern District of California denied NebuAd Inc.’s motion to dismiss in Valentine v. NebuAd Inc., No. C08-05113 TEH, finding that plaintiffs had sufficient statutory standing to assert claims under the California Invasion of Privacy Act (“CIPA”) and the California Computer Crime Law (“CCCL”) … Continue Reading

Privacy Lawsuit Against Cable One Dismissed

Today the District Court for the Northern District of Alabama dismissed the class action lawsuit filed against our client, Cable One, Inc., for lack of subject matter jurisdiction because the named plaintiff lacked standing.  The litigation arose out of a limited test of NebuAd Inc.’s “deep packet inspection” technology, which was used to create anonymous, … Continue Reading

Court Holds Subscribers Consented to “Deep Packet Inspection”

The United States District Court for the District of Montana has dismissed [PDF] several class action claims against the Internet service provider Bresnan Communications arising out of its partnership with the controversial (and now defunct) online advertising firm NebuAd.  Bresnan subscribers alleged that the ISP allowed NebuAd to test a system to profile subscribers’ online activity using deep packet inspection … Continue Reading
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