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IP: EFF: Urges DoubleClick to Adopt Opt-In Privacy Protections


From: David Farber <dave () farber net>
Date: Wed, 06 Jun 2001 20:55:16 -0400




Electronic Frontier Foundation Media Release

For Immediate Release: June 6, 2001

Contact:

Deborah Pierce, EFF Staff Attorney, dsp () eff org,
 +1 415 436 9333 x106

Ira Rothken, Attorney, Rothken Law Firm, ira () techfirm com,
 +1 415 924 4250


Judge Rules Alleged DoubleClick Privacy Violations
 Sufficient to Go to Trial

Electronic Frontier Foundation Urges DoubleClick to Adopt
 Opt-In Privacy Protections

San Rafael, CA - Judge Lynn O'Malley Taylor ruled today
that a lawsuit seeking to prevent DoubleClick from
invading individuals' privacy moved one step closer to
trial. The class-action claims in the privacy lawsuit
against DoubleClick focus on DoubleClick's practice of
tracking and profiling people without their consent as
they browse the Web. She indicated that, unless the
parties reach a settlement, the trial will be held in
January 2002, despite DoubleClick's attempt to derail the
lawsuit.

"DoubleClick is invading people's privacy by collecting
personal information without first asking permission,"
said EFF staff attorney Deborah Pierce. "We are glad
that Judge Taylor recognizes that DoubleClick's
practices may be in violation of privacy rights
guaranteed by the California state constitution."

"California's Constitution protects the general public
against the massive, unauthorized accumulation of
sensitive information," said Ira Rothken, lead
plaintiff's attorney in the case. "DoubleClick's
behavior is outrageous. DoubleClick's business model is
flawed. And we are going to obtain a remedy from the
court to stop them."

DoubleClick, an online advertising company, places banner
ads and other website advertisements on behalf of its
clients. The dispute concerns DoubleClick's use of cookies
and web bugs to track the web browsing behavior of
individuals.  Individuals are often unaware these
technologies exist, what they can do to avoid a cookie or
a web bug, or how they can prevent companies like
DoubleClick from placing cookies on their computer hard
drives.

The lawsuit alleges that by using cookies DoubleClick can
store personally identifying information, resulting in a
profile of individuals based on their surfing history.
Online profiling and aggregation of data from different
sources allows others to form opinions, to market items,
and to discriminate based on a profile that may or may
not be accurate. Unwanted disclosure of information may
have harmful consequences, ranging from simple
embarrassment to serious problems such as harassment,
violence, insurance cancellation, loss of job or home,
and relationship issues with family and friends.

The Electronic Frontier Foundation (EFF), along with the
Privacy Rights Clearinghouse (PRC) and the Electronic
Privacy Information Center (EPIC), have been acting as
advisors in the case, formally called Judnick v.
DoubleClick.


For more information about online privacy, see the EFF
website:
http://www.eff.org/

For more information about the Rothken Law Firm, see
the Rothken website:
http://www.techfirm.com/

For additional background and information on online
privacy and data-sharing, see:

http://www.privacyrights.org/ (Privacy Rights Clearinghouse)
http://epic.org/(Electronic Privacy Information Center)
http://www.privacypledge.org/ (Privacy Pledge)

About EFF:

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world.  Founded in 1990, EFF actively encourages
and challenges industry and government to support free
expression, privacy, and openness in the information
society. EFF is a member-supported organization and
maintains one of the most linked-to websites in the world:
http://www.eff.org

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