Slashdot Mirror
Comcast Sued Over Internet Data Gathering
saikou writes: "Slashdot already had an article about Comcast using transparent cache systems to track their cable modem users' browsing habits (purely for improvment of their networks, of course) and now here's the follow-up. Newsbyte posted yesterday a story about the lawsuit, demanding $100 per day of tracking for each customer. I guess even if it will work out, customers might get oh, say, $10. With rest being a fee for the lawyer(s) :)" Update: 05/25 12:37 GMT by T : burgburgburg points to a New York Times article about the case, and reminds you of two previous mentions of the controversial user-tracking effort (one, two).
It's good to see that Comcast haven't, in this case, been able to use general technical ignorance to bamboozle their way out of this one.
It looks as if they actually expected to get away with claiming they needed that info for caching purposes. I hope that they're nicely stunned at being asked to prove why they felt it necessary to tie that info back to individual user identities.
BTW, I presume that most /.ers have always assumed that their ISP was tracking their online activities.
Right of way for protection of data privacy - are we the people?
. txt. Over 40 international civil rights organizations and user groups in the internet subscribed to this letter. Til now the signatures of more than 7500 people all over the world were registered.
Are you really sure you're innocent? Do you expect your representatives which have been elected by youself to believe into your integrity without needing evidence? A minority of the European Parliament seems to be in doubt and precautiously suspects its citizens at the time being. On May 29 2002 in Brussels will be vote if the fundamental rights of the citizens in Europe as there are protection of privacy, freedom of speech and the presumption of innocense should be abolished. Law enforcement authorities shall be authorized to store any data about electronic communications of EU-citizens. The most important rights are endangered to be sacrificed in the course of fight agains terrorism.
Neither the individual case nor interim measures will be considered when it will come to storing data. Thus data would not be saved temporary or in an appropriate manner. Regarding the intention of a part of the European Parliament retention of all individuals' electronic communication shall be done without control to enable further investigations about illegal actions in the future. Therewith all citizens will be assumed to be potential criminals. On April 18 this violation of the basic rights was defeated by a close vote.
For this narrow majority to become an absolute one a letter to the European Parliament was phrased which can be signed here:
http://stop1984.com/index2.php?text=letter
If you don't agree with your government suspecting you to be a potential terrorist and storing all your electronic communication without a cause you should sign this letter.
IANAL, but heres the links to what I believe to be the relevant laws comcast may have violated (mainly for being a cable company) Cable TV Privacy Act of 1994Which in short provides provisions that limit:
(A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;
(B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;
(C) the period during which such information will be maintained by the cable operator;
(D) the times and place at which the subscriber may have access to such information in accordance with subsection (d) of this section; and
(E) the limitations provided by this section with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under subsections (f) and (h) of this section to enforce such limitations.
As well if I'm not incorrect here,the ECPA
More fun privacy law here, Privacy Act of 1974
And of course if they customer has a kid under 13 who they gathered data on there was another law I just couldn't quite manage to find in regards to making this pretty illegal. And you can't make your customers opt out of federal law last I checked.
Anyway, it hasn't been my experience that lawyers take cases they have no chance of winning where the payout is based on them winning.