PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Internet User Tracking Techniques Yield New Privacy Violation Claims

Posted on February 24, 2011 by pogowasright.org

Jonathan Bick and Elan Raffel write:

Behavioral-based marketing targeting is a technique used by traditional and internet publishers and advertisers to increase the effectiveness of their campaigns. In the past, marketing firms conducted surveys of readers’ preferences and affiliations. Today, internet marketing firms collect data associated with individuals’ internet behavior. Said collection efforts have been found to be lawful. However, the use of new technology makes keeping internet behavior private more difficult and has given rise to renewed claims of unlawful intrusiveness by internet data. It has also revived an argument that such behavior violates privacy expectations and thus is unlawful.

[…]

In short, a court considering the lawful use of flash cookies will likely hold that flash cookie users will not be liable under any federal laws because their use will fall within the consent exceptions under the Stored Communications Act and the Wiretap Statute. Additionally, flash cookie users will not be liable under the Computer Fraud and Abuse Act because it is unlikely the plaintiffs will meet the statutory threshold of $5,000 in losses. Nevertheless, as the FTC becomes more stringent in enforcing notice requirements for behavioral targeting, websites that use flash cookies should be prudent in ensuring that they provide the appropriate notice to consumers.

Read the full article from the New Jersey Law Journal on Law Technology News.

Category: BusinessCourtOnline

Post navigation

← Md. AG: Requiring employees’ personal passwords is legal
Jamaica: Nelson tackled on privacy rights stance →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • FTC dismisses privacy concerns in Google breakup
  • ARC sells airline ticket records to ICE and others
  • Clothing Retailer, Todd Snyder, Inc., Settles CPPA Allegations Regarding California Consumer Privacy Act Violations
  • US Customs and Border Protection Plans to Photograph Everyone Exiting the US by Car
  • Google agrees to pay Texas $1.4 billion data privacy settlement
  • The App Store Freedom Act Compromises User Privacy To Punish Big Tech
  • Florida bill requiring encryption backdoors for social media accounts has failed

RSS Recent Posts on DataBreaches.net

  • International cybercrime tackled: Amsterdam police and FBI dismantle proxy service Anyproxy
  • Moldovan Police Arrest Suspect in €4.5M Ransomware Attack on Dutch Research Agency
  • N.W.T.’s medical record system under the microscope after 2 reported cases of snooping
  • Department of Justice says Berkeley Research Group data breach may have exposed information on diocesan sex abuse survivors
  • Masimo Manufacturing Facilities Hit by Cyberattack
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy