Wendy Davis reports:
A judge has dismissed a class-action privacy lawsuit against the Internet service provider Embarq, one of six companies that partnered with the defunct behavioral targeting company NebuAd.
U.S. District Court Judge Julie Robinson in the District of Kansas ruled late last week that NebuAd alone was responsible for any wiretap law violations, although Embarq allowed NebuAd to learn about subscribers’ Web activity. “Embarq did not itself intercept any communications,” Robinson wrote. “Accordingly, Embarq is entitled to summary judgment on this ground.”
Robinson also ruled that Embarq was entitled to dismissal of the case since its subscribers consented to NebuAd’s behavioral targeting platform by failing to opt out of the program.
Read more on MediaPost while I go mutter to myself that absence of opt out should not be construed as consent.