Online ad network Specific Media has been hit with a lawsuit for allegedly violating Web users' privacy by using Flash cookies for tracking purposes.
In a complaint filed in U.S. District Court in the Central District of California, six Web users allege that Specific Media failed to provide adequate notice about its online data collection techniques, including Flash cookies. The lawsuit also alleges that Specific Media used Flash cookies -- which are stored in a separate location from HTML cookies -- to recreate HTML cookies that users had deleted so it could "obtain personal identifying information, monitor users, and to sell users' data."
The company's "privacy documents require college-level reading skills for comprehension and include substantial legalese, ambiguous and obfuscated language designed to confuse, disenfranchise, and mislead the users," the lawsuit asserts.
In addition, the use of Flash cookies to recreate deleted HTML cookies "unfairly wrests control from users," the lawsuit alleges.
Specific Media has not yet responded to Online Media Daily's request for comment.
Flash cookies were originally designed to remember users' preferences for Flash-based applications like online video players, but some companies also use such cookies to store the same type of information that is normally found on HTTP cookies. With this type of data, Flash cookies can be used to reconstruct HTTP cookies, even when consumers have deliberately deleted their HTTP cookies to avoid tracking. Because Flash cookies are stored in a different place from HTTP cookies, users who delete the latter don't also shed the former. People can trash Flash cookies via Adobe's online controls, but many users don't appear to be aware of the cookies.
The complaint refers extensively to a report about Flash cookies published last year by researchers at the University of California, Berkeley and other schools. That paper outlined how Flash can be used to circumvent consumers' settings.
After the report was published, some Federal Trade Commission officials said they were concerned about the use of Flash for tracking purposes.
The Web users argue that Specific Media's alleged tracking techniques violate federal and state wiretap laws. They are seeking a class-action lawsuit.
This lawsuit marks the third time this summer that companies have been sued over Flash cookies. Defendants named in the prior two lawsuits include Quantcast, Clearspring, Walt Disney and NBC Universal.
All of the Flash-cookie suits were filed by lawyers David Parisi and Joseph Malley, both of whom are among the attorneys suing defunct behavioral targeting company NebuAd for allegedly violating users' privacy.
Showing posts with label flash. Show all posts
Showing posts with label flash. Show all posts
Thursday, August 26, 2010
Friday, January 15, 2010
Web analytics expert warns against 'risky' use of Flash cookies
US— Flash cookies are emerging as a more reliable web audience measurement alternative to traditional HTTP cookies – but a leading analytics expert has warned companies they risk trouble if they use these “super-cookies” to override consumer privacy preferences.
While many web users are au fait with HTTP cookies and how they are used for measuring website traffic, there is little public awareness of Flash cookies, or ‘local shared objects’ (LSOs) as they are technically known, says Eric Peterson.
This lack of awareness means few people know how to manage and delete Flash cookies as they are not stored on a person’s computer in the same place as HTTP cookies.
Peterson, the CEO of consultancy Web Analytics Demystified, says Flash cookies also appear to be “impervious” to the private browsing modes recently deployed by Firefox, Microsoft and Apple.
Though this makes Flash cookies a more reliable means of accurately counting website visitors, Peterson says: “The use of Flash LSOs is unfortunately a risky business. There is strong evidence that more and more companies are using LSOs in direct conflict with consumer preferences and existing systems designed to control access to information and protect a user’s privacy online.”
LSOs first emerged as a way for Adobe’s Flash player to keep track of a user’s personalised settings – audio levels, for instance – across different browser sessions and even different browsers.
Their use as measurement tool has come about as high consumer awareness of HTTP cookies has led to high cookie deletion rates, meaning websites are often placing more than one cookie on each computer – thus inflating unique browser figures.
Peterson says: “While there are many appropriate and beneficial uses for Flash LSOs… it is increasingly clear that in some cases the data contained in the Flash object are being used for consumer tracking purposes.” This in itself wouldn’t be a problem – except Peterson notes that “disclosure about the use of Flash LSO for tracking purposes is rare on the internet today”.
Aside from the disclosure issue, Flash cookies have also been found to be used to re-spawn HTTP cookies where they have been deleted by a web user – clearly going against web users’ wishes not to be tracked.
Peterson says: “With the attention given to consumer privacy on the internet at both individual and government levels, we believe that companies making inappropriate or irresponsible use of the Flash technology are very likely asking for trouble (and potentially putting the rest of the online industry at risk of additional government regulation).”
In a report commissioned by media auditor BPA Worldwide, Peterson recommends that companies do not use Flash to reset browser cookies, that the use of LSOs is properly disclosed and that site visitors are given the option to disable LSOs.
While many web users are au fait with HTTP cookies and how they are used for measuring website traffic, there is little public awareness of Flash cookies, or ‘local shared objects’ (LSOs) as they are technically known, says Eric Peterson.
This lack of awareness means few people know how to manage and delete Flash cookies as they are not stored on a person’s computer in the same place as HTTP cookies.
Peterson, the CEO of consultancy Web Analytics Demystified, says Flash cookies also appear to be “impervious” to the private browsing modes recently deployed by Firefox, Microsoft and Apple.
Though this makes Flash cookies a more reliable means of accurately counting website visitors, Peterson says: “The use of Flash LSOs is unfortunately a risky business. There is strong evidence that more and more companies are using LSOs in direct conflict with consumer preferences and existing systems designed to control access to information and protect a user’s privacy online.”
LSOs first emerged as a way for Adobe’s Flash player to keep track of a user’s personalised settings – audio levels, for instance – across different browser sessions and even different browsers.
Their use as measurement tool has come about as high consumer awareness of HTTP cookies has led to high cookie deletion rates, meaning websites are often placing more than one cookie on each computer – thus inflating unique browser figures.
Peterson says: “While there are many appropriate and beneficial uses for Flash LSOs… it is increasingly clear that in some cases the data contained in the Flash object are being used for consumer tracking purposes.” This in itself wouldn’t be a problem – except Peterson notes that “disclosure about the use of Flash LSO for tracking purposes is rare on the internet today”.
Aside from the disclosure issue, Flash cookies have also been found to be used to re-spawn HTTP cookies where they have been deleted by a web user – clearly going against web users’ wishes not to be tracked.
Peterson says: “With the attention given to consumer privacy on the internet at both individual and government levels, we believe that companies making inappropriate or irresponsible use of the Flash technology are very likely asking for trouble (and potentially putting the rest of the online industry at risk of additional government regulation).”
In a report commissioned by media auditor BPA Worldwide, Peterson recommends that companies do not use Flash to reset browser cookies, that the use of LSOs is properly disclosed and that site visitors are given the option to disable LSOs.
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