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ISP Cleared in Behavioral Targeting Suit

PRIVACY LAW—U.S.

August 24, 2011

A judge has dismissed a class-action privacy lawsuit against one of six companies that partnered with a now-defunct behavioral targeting company, MediaPost News reports. A U.S. district court judge cleared Internet service provider (ISP) Embarq of any wrongdoing, ruling that NebuAd alone is responsible for wiretap violations. NebuAd--which agreed last week to a $2.4 million class-action settlement--partnered with six ISPs to gather data about Web users' online activities in order to serve them ads. The judge ruled that Embarq itself did not violate the Electronic Communications Privacy Act, as alleged, because it did not intercept communications.         
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