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[ NNSquad ] ISP Ad Networking Scheme May Violate Federal and State Wiretap Laws


ISP Ad Networking Scheme May Violate Federal and State Wiretap Laws

------- Forwarded Message

From: "Richard M. Smith" <rms@computerbytesman.com>
To: "'Lauren Weinstein'" <lauren@vortex.com>
Subject: FW: CDT Headline: ISP Ad Networking Scheme May Violate Federal and State Wiretap Laws
Date: Tue, 8 Jul 2008 14:12:18 -0400

FYI

From: info@cdt.org

Date: July 8, 2008 1:13:56 PM EDT

To: 

Subject: [CDT-staff] CDT Headline: ISP Ad Networking Scheme May Violate
Federal and State Wiretap Laws

ISP Ad Networking Scheme May Violate Federal and State Wiretap Laws

CDT today released an analysis questioning the legal standing of a new
approach to online advertising being considered by Internet Service
Providers and Internet advertising networks.  Under the new scheme, an ISP
allows an advertising network to copy the contents of the individual Web
traffic streams of the ISP's subscribers. The advertising network creates a
record of each individual's online behavior, which is used to target ads to
the consumer.  CDT concludes that the use of Internet traffic content from
ISPs may run afoul of federal and state wiretap laws unless performed with
the prior, express consent of the subscriber.  Some state laws may pose
higher burdens. July 08, 2008

Press Release, July 08, 2008: http://cdt.org/press/20080708press.php

CDT Legal Analysis Memo [PDF], July 08, 2008:
http://www.cdt.org/privacy/20080708ISPtraffic.pdf