More on Deep Packet Inspection and the NebuAd case


By Art Reisman

CTO of APconnections, makers of the plug-and-play bandwidth control and traffic shaping appliance NetEqualizer

Art Reisman CTO www.netequalizer.com

Editors note:

This  latest article published in DSL reports reminds me of the time  where a bunch of friends (not me),  are smoking a joint in a car when the police pull them over, and the guy holding the joint takes the fall for everybody.  I don’t want to see any of these ISPs get hammered as I am sure they are good companies.

It seems like this case should be easily settled.  Even if privacy laws were viloated , the damage was perhaps a few unwanted AD’s that popped up on a browser, not some form of extortion of private records. In any case, the message should be clear to any ISP, don’t implement DPI of any kind to be safe.  And yet, for every NebuAd privacy lawsuit case article I come across , I must see at least two or three press releases from vendors announcing major deals with  for DPI equipment ?

FUll Original article link from DSL reports

ISPs Play Dumb In NebuAD Lawsuit
Claim they were ‘passive participants’ in user data sales…
08:54AM Thursday Feb 05 2009 by Karl Bode
tags: legal · business · privacy · consumers · Embarq · CableOne · Knology
Tipped by funchords See Profile

The broadband providers argue that they can’t be sued for violating federal or state privacy laws if they didn’t intercept any subscribers. In court papers filed late last week, they argue that NebuAd alone allegedly intercepted traffic, while they were merely passive participants in the plan.

By “passive participants,” they mean they took (or planned to take) money from NebuAD in exchange for allowing NebuAD to place deep packet inspection hardware on their networks. That hardware collected all browsing activity for all users, including what pages were visited, and how long each user stayed there. It’s true many of the the carriers were rather passive in failing to inform customers these trials were occurring — several simply tried to slip this through fine print in their terms of service or acceptable use policies.

One Response to “More on Deep Packet Inspection and the NebuAd case”

  1. Not Clever! Says:

    This was not a joyful romp (as in your joint analogy); this was a highly organized attempt to used Private & Commercial Data for financial gain (anonymizing is never sufficient!)

    A Two or Three Year Period in development & Secret beforehand!

    The Ugly word “Trafficking” comes to mind!


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