Feeds

Cookie respawning, history sniffing case dropped

Ad network didn't cause enough harm, says US judge

High performance access to file storage

A computer user who alleged that an advertising network breached US privacy laws did not prove she had suffered sufficient damages for those charges to be further examined, a US court has ruled.

Sonal Bose claimed that Interclick's use of Flash cookies and "history sniffing" code "invaded her privacy, misappropriated personal information and interfered with the operation of her computer", according to a district court in New York.

Cookies are small text files that websites store on internet users' computers. The files record users' activity on the site. Flash cookies are files stored by websites that use Adobe Flash media, such as in adverts or video clips. Flash cookies can also back up the data that is stored in a regular cookie. When you delete cookies using your browser controls, your Flash cookies are not affected. A website that served a cookie to you that you deleted may recognise you on your next visit if it backed up its now-deleted cookie data to a Flash cookie.

Advertising networks use cookies to track user behaviour on websites in order to target adverts to individuals based on that behaviour.

Interclick used Flash cookies to "respawn" cookies Bose had deleted, and used "history sniffing" code to determine content that Bose had viewed online. Both techniques helped Interclick serve Bose with targeted ads, she claimed, according to the ruling. Bose claimed Interclick's activity violated the US Computer Fraud and Abuse Act (CFAA), the ruling said.

Under the CFAA a person is prohibited from causing damage by intentionally accessing a protected computer without consent. Unless a damages claim for violations of the CFAA exceeds $5,000 in a period of a year no action for damages can be taken against the company under the terms of the Act, the Act provides.

The CFAA states that only claims for "economic damages" can be made. The judge ruled that Interclick's collection of Bose's personal information did not raise an economic "injury" that was worth more than the $5,000 threshold. Bose had argued that Interclick had obtained information about her online activity without her permission as she had taken steps to delete cookies and protect her privacy.

"Even if Bose took steps to prevent the data collection, her injury is still insufficient to meet the statutory threshold," the judge said in the ruling.

Bose also claimed that Interclick had "impaired the functioning and diminished the value" of her computer. The judge ruled that Bose had failed to "make any specific allegation as to the cost of repairing or investigation the alleged damage" and ruled that, as a result, Bose had failed to meet the damages threshold for that charge to be further investigated by the courts.

Bose's third claim, that Interclick caused interference with the operation of her computer, was unsubstantiated and therefore failed to meet the damages threshold for pursuing the charge, the judge ruled.

"Even if a flash cookie may reach up to 100 kilobytes in size and may occupy space on Bose's hard drive, Bose fails to demonstrate that the flash cookie caused damage, a slowdown, or a shutdown of her computer," the judge said. "Thus, Bose's claim of interruption of service is insufficient to meet the ... threshold," the judge said.

Bose's case was part of a so-called "class action" against Interclick. Class action lawsuits are common in the US, where lawyers will earn large fees for organising many similarly affected people into bringing proceedings against organisations.

Bose had argued that her damages claims should be "aggregated" with other members of the class action, but the judge said that they could not.

"[Bose] here has failed to allege facts that would allow this Court to conclude that damages meet the ... threshold, even when aggregated across the putative class," the judge said.

Copyright © 2011, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Combat fraud and increase customer satisfaction

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
Reprieve for Weev: Court disowns AT&T hacker's conviction
Appeals court strikes down landmark sentence
prev story

Whitepapers

SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.