I don’t have an opinion about the specific legal issues involved, but I think the general approach of this lawsuit against NebuAd is the right one. Consumers have a reasonable expectation of privacy when they sign up for Internet service. As it happens, I was a Charter customer during the last three years, and I don’t remember them disclosing that they would be sharing the contents of my Internet communications to a third party for advertising purposes.
Tim Lee / Timothy B. Lee (Contributor, 2004-2009) is an adjunct scholar at the Cato Institute. He is currently a PhD student and a member of the Center for Information Technology Policy at Princeton University. He contributes regularly to a variety of online publications, including Ars Technica, Techdirt, Cato @ Liberty, and The Angry Blog. He has been a Mac bigot since 1984, a Unix, vi, and Perl bigot since 1998, and a sworn enemy of HTML-formatted email for as long as certain companies have thought that was a good idea. You can reach him by email at leex1008@umn.edu.