Embarq admits they eavesdropped on their customers

[The Backlash Cometh]

Under Pressure, ISP Admits Secret Web Snooping in Kansas
By Ryan Singel EmailJuly 24, 2008 | 2:44:09 PMCategories: Network Neutrality, Sunshine and Secrecy, Surveillance

Embarq Internet service provider Embarq eavesdropped on the web surfing habits of 26,000 customers in Kansas without notifying them personally, as part of its test of new, controversial advertising technology that profiles users, the company told federal lawmakers Wednesday.

Embarq, an offshoot from Sprint, tested the service in Gardner, Kansas, saying it was their smallest facility. The secret test ended earlier this year, though no dates were given for when it started or stopped. The letter also disclosed that 15 people from the region opted out, even though the company didn't notify the affected subscribers that the technology was being tested -- it just added a paragraph to its privacy policy.

Telecom subcommittee head Reps. Edward Markey (D-Massachusetts), watchdog groups and law professors have questioned whether the technology violates federal privacy laws, including the wiretapping statute.

"While I am pleased that Embarq chose to answer our specific questions in their second letter, I am still troubled by the company's failure to directly inform their consumers of the consumer data gathering test and the notion that an 'opt-out' option is a sufficient standard for such sweeping data gathering," Markey said.

The letter (.pdf) comes just two days after the company attempted in a Monday letter to justify, rather than explain, the trial to powerful House Commerce members, who have already shown they are highly dubious of any ISP's plan to monitor its customers' web usage for profit. According to one congressional aide, the follow-up letter came after staff made it clear the first letter didn't suffice.

The three have already forced Charter Communications to cancel its proposed trial of ISP eavesdropping technology from a NebuAd, the same company that powered Embarq's secret test.

Charter, Embarq and NebuAd all say the technology is legal since they only classify web pages and web searches into categories such as "shopping for SUV" -- rather than storing the webstream.

http://blog.wired.com/27bstroke6/2008/07/under-pressure.html

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That was the clear message this morning at a House hearing during which several lawmakers grilled the chief executive of NebuAd, a Silicon Valley startup that helps ISPs deliver targeted ads by tracking users' online footprints.

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NebuAd claims on website:

NebuAd Information Collection

NebuAd, Inc. (“we”) collects personal information from you only when you ask to receive information from us. The personal information we collect includes your contact information, such as your name, title, company name, address, phone number and email address.

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[The Backlash Cometh]

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