Congress Studies How People Track Your Online Use

By Joelle Tessler
The Associated Press

Wednesday, July 9, 2008; 7:45 AM

http://www.washingtonpost.com/wp-dyn/content/article/2008/07/09/AR2008070900721_pf.html


WASHINGTON -- Executives from major Internet players-- Microsoft Corp., 
Google Inc. and Facebook Inc. --are due for a grilling about online privacy 
in a Senate committee Wednesday, but the company likely to get the most 
scrutiny is a small Silicon Valley startup called NebuAd Inc.

NebuAd 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, NebuAd's business model raises many of 
the same concerns as an earlier generation of "adware" companies. Those 
companies developed software programs that _ when downloaded to a computer 
_ could track where a user went on the Internet and mine that information 
to deliver customized online ads. Several NebuAd executives in fact were 
once employed by Gator Corp., an adware company that later renamed itself 
Claria Corp.

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. But NebuAd has a new 
twist: It works directly with Internet service providers to scan their 
customers' Web surfing habits and deliver ads presumed to be of interest to 
them.

By injecting its monitoring in between consumers and the Web sites they 
visit, NebuAd's technology could violate a 1986 federal wiretapping law 
that requires at least one party to a communication to consent to a 
wiretap, according to an analysis released Tuesday by the Center for 
Democracy & Technology. British technologists have leveled similar 
criticisms against a NebuAd-like system being prepared in that country by 
Phorm Inc.

"This is analogous to AT&T listening to your phone calls all day in order 
to figure out what to sell you in the middle of dinner," said Robert 
Topolski, a technology consultant to Public Knowledge and Free Press, two 
other public interest groups that have raised concerns about NebuAd.

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.

Amid the publicity surrounding NebuAd, however, Wide Open West has stopped 
using the company's advertising software. And other ISPs that had been 
planning to conduct trials with the technology, including Charter 
Communications Inc., have put those plans on hold.

For its part, NebuAd has stressed that it does not collect any personally 
identifiable information about consumers and that it requires Internet 
service providers to notify their subscribers about its advertising system. 
On Tuesday, however, the Redwood City, Calif., company unveiled a new set 
of privacy protections, including an online notification system and an 
opt-out mechanism for consumers.

"NebuAd is committed to driving innovation in online advertising while 
pioneering industry-leading privacy practices," NebuAd chief executive Bob 
Dykes said in a statement.

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.

In addition, the committee will explore the need for stronger online 
privacy protections in general. Among the issues on the table: 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.

While the committee has no online advertising legislation pending, the 
hearing could lead to new bills. The committee will also examine the 
potential role of agencies such as the Federal Trade Commission or the 
Federal Communications Commission. Last year, for example, the FTC released 
a set of proposed self-regulation guidelines for online advertising companies.

Witnesses testifying Wednesday include NebuAd's Dykes, Microsoft associate 
general counsel Mike Hintze, Google chief privacy counsel Jane Horvath and 
Facebook chief privacy officer Chris Kelly. Lydia Parnes, director of the 
consumer bureau for the Federal Trade Commission; Leslie Harris, chief 
executive of the Center for Democracy & Technology; and Clyde Wayne Crews 
Jr., vice president for policy at the Competitive Enterprise Institute, 
will also testify.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu

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