An American web site operator has filed a class suit against
AOL/Netscape alleging that its internet software violates US
electronic privacy laws. The individual bringing the action, Chris
Specht, maintains that the offending software covertly monitors
internet users' on-line activities.
The “SmartDownload” program, which forms part of the Netscape
Communicator web browser, is designed to help users download
material from web sites. Whilst it carries out this service, it
compiles a profile of users which includes the name, type and
source of executable files downloaded and cookie information which
identifies the user.
Specht believes that this feature allows Netscape to build up a
“continuing profile” on file transfers carried out by individual
users. He asserts that this is a breach of the US Electronic
Communications Privacy Act 1986 and the Computer Fraud and Abuse
Act 1986. The former covers general privacy issues in electronic
media and the latter covers federal computer crimes.
Specht’s action has been compared to an action currently pending
against RealNetworks for allegedly tracking individuals using its
music playback software.
In response to these actions, Jason Catlett of privacy group
Junkbusters noted, “if a jury ever awards significant damages, all
companies will be forced to change their attitude towards
‘spyware’, because it will become a significant investment
risk”.
