Venkat Balasubramani writes:
The alleged monitoring and use of ISP subscribers’ internet activity for advertisement targeting purposes by NebuAd spawned a slew of class actions. NebuAd shut down, leaving plaintiffs to go after the individual ISPs who partnered with NebuAd. (“Turning Out The Lights: NebuAd.”) Plaintiffs have not had much luck with their claims against the ISPs.
In Mortensen v. Bresnan, the court dismissed the ECPA and state law privacy claims but left the Computer Fraud and Abuse Act claims intact.
Read more on Technology & Marketing Law Blog. His commentary on these cases is well worth reading.