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 that began to be filed in 2008, plaintiffs have alleged that NebuAd–and the ISPs with which it allegedly partnered– violated Title I of the Electronic Communications Privacy Act (i.e., the Wiretap Act) as well as other federal and state laws. Plaintiffs have sued the ISPs in separate suits around the country. Two of these suits–against ISPs Embarq and WideOpen West (“WOW”)–yielded decisions in favor of the ISPs last week.
Continue Reading Two New Decisions on the Wiretap Act and Secondary Liability