Cursor Software Tracks You On Web
fabrini writes "That cute little animated Comet Cursor, that some websites try to send you when you visit their site, is actually doing more than impressing the kids. It's also tracking your activity on over 60,000 websites using a unique serial number -- and all without asking.
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What laws are they breaking?
For starters, there's the Data Protection Act (amended 1998). This requires all databases to be registered, along with a list of their structure, so that people upon whom information is held can serve a data disclosure notice on the database owners and find out what is being said about them. I believe there's also a requirement to notify the subjects that information about them is being stored.
(Violation: up to two years in prison and a honking great fine, although it's very rare for infractions to get as far as a prosecution.)
Next: Computer Misuse Act (1994). This act has teeth -- it was introduced as an anti-hacking measure and it would seem that if they're tampering with or using a computer in the UK for any purpose without the consent of the owner they could be liable for five years as a guest in one of Her Majesty's hotels. It is a criminal offense to run software on a computer without the owner's permission, or to cause software to be run (ditto), or indeed to do anything with a computer without permission from its owner. Oh, and you can be guilty even if you're not in the UK (but meddling with a UK-based computer), or if the computer's not in the UK (but you are).
Finally there's the EU declaration of human rights which, implemented in law, has an explicit right of privacy. The EU recently disseminated some directives on data security -- specifically banning the export of personal information from jurisdictions with strict privacy laws to other jurisdictions with weaker protection -- that means this company is violating the law, right across the EU.
Class action lawsuit, anybody?
Consider what you get if you buy the access logs for a bunch of web sites (some with login ids that can be tracked to house addresses, maybe from shipping information) and then add user tracker data like Comet that can identify a user between web sites. You can now track the user's access patterns across all the web sites, even those where he was anonymous.
This isn't anything too new, the banner ad companies do this already.