NebuAd

NebuAd's platform comprised three main parts: hardware, hosted within an ISP, capable of inserting content into pages, an off-site server complex to analyse and categorise the contents of users' Internet communications, and relationships with advertising networks willing to present NebuAd's targeted advertising.{{cite web |url=http://www.juniperamspmarketing.com/NebuAD.htm |title=Juniper Networks partners with NebuAd to enable ISPs to participate in online advertising revenues on the web |accessdate=2008-06-28 |work=juniperamspmarketing.com |archiveurl = https://web.archive.org/web/20080713030851/http://www.juniperamspmarketing.com/NebuAD.htm |archivedate = 2008-07-13}}

The system consisted of hardware device installed within an ISP client network. Each device was capable of monitoring up to 50,000 users.{{cite news| title=NebuAd Observes 'Useful, but Innocuous' Web Browsing| url=http://bits.blogs.nytimes.com/2008/04/07/nebuad-observes-useful-but-innocuous-web-browsing/| work=The New York Times| date=2008-04-07| accessdate=2008-04-18| first=Saul| last=Hansell| archive-url=https://web.archive.org/web/20080411020036/http://bits.blogs.nytimes.com/2008/04/07/nebuad-observes-useful-but-innocuous-web-browsing/| archive-date=2008-04-11| url-status=dead}} Users could "opt-out" of NebuAd's information collection and targeted ads,{{cite web |url=http://www.nebuad.com/privacy/servicesPrivacy.php |title=NebuAd / Privacy |accessdate=2008-06-28 |url-status=dead |archiveurl=https://web.archive.org/web/20080611102442/http://www.nebuad.com/privacy/servicesPrivacy.php |archivedate=2008-06-11 }} but there was no way for users to prevent ISPs from sending the data to NebuAd in the first place.{{ Cite magazine | url=http://blog.wired.com/27bstroke6/2008/05/congressmen-ask.html |title=Congressmen Ask Charter to Freeze Web Profiling Plan | last=Singel |first=Ryan |date=2008-05-16 |magazine=Threat Level from Wired.com }}

Since ISPs route customers' traffic, it is an important vantage point from which to monitor all traffic to-and-from a consumer using deep packet inspection (DPI). By analysing the traffic, NebuAd reported it gained more information about a customer's particular interests, than less intrusive methods.{{cite web | url=http://vator.tv/pitch/show/transforming-online-ad-industry?play=false | archive-url=https://archive.today/20120722060619/http://vator.tv/pitch/show/transforming-online-ad-industry?play=false | url-status=dead | archive-date=July 22, 2012 | title=Robert Dykes (CEO) presenting NebuAd at OnMediaNYC-01/28/2008 | date=2008-02-18 | work=vator.tv | accessdate=2008-07-03 }} NebuAd's privacy policy claimed they "specifically not store or use any information relating to confidential medical information, racial or ethnic origins, religious beliefs, or sexuality, which are tied to personally identifiable information ('sensitive personal information')." It also advises, "The information we collect is stored and processed on NebuAd's servers in the United States. As a result, that information may be subject to access requests by governments, courts or law enforcement."

At least 2 customers of a middle America ISP, WOW! noticed unexpected cookies appearing for sites such as nebuad.adjuggler.com, after using Google, which were being read and written, but when WOW's support department was contacted, WOW initially denied responsibility for the activity. After noticing problems with Google loading slowly, and the creation of these non-Google cookies, one customer spent hours trying to disinfect his machine, as he incorrectly thought it had been infected with spyware, but, when this proved ineffective, he resorted to reinstalling his machine's OS from scratch, only to discover the problem did not go away.

On July 9, 2008, WOW suspended the use of NebuAd services to its subscribers.

According to NebuAd's sales, less than 1% of users opt-out. One ISP expected to earn at least $2.50 per month for each user.{{cite web | title=Infighting At ISPs Over Using NebuAD|work=Broadband Reports| url=http://www.dslreports.com/shownews/Infighting-At-ISPs-Over-Using-NebuAD-94835|date=2008-05-28|last=Bode |first=Karl }}

NebuAd bought impressions from ad networks including Valueclick.{{cite web|title=Questions for Bob Dykes, NebuAd CEO|url=http://www.clickz.com/showPage.html?page=3628009|work=clickz|date=2008-01-03|accessdate=2008-05-14|archive-url=https://web.archive.org/web/20080419011030/http://www.clickz.com/showPage.html?page=3628009|archive-date=2008-04-19|url-status=dead}}

NebuAd argued that behavioral targeting enriches the Internet on several fronts. Firstly, website owners are offered an improved click-through rate (CTR), which could increase profits, or reduce the amount of page-space dedicated to advertising. Owners of previously thought ad-unfriendly websites were offered a chance to make money not on the subject matter of their website, but on the interests of their visitors.

Advertisers were offered better targeted adverts, hence reducing the "scattergun approach" (publishing as many ads as possible, in the hope of catching a client) and users were offered more relevant adverts.

ISPs were paid for allowing NebuAd access to their network on a per-user per-active profile basis.

NebuAd used data such as Web search terms, page views, page and ad clicks, time spent on specific sites, zip code, browser info and connection speed to categorise a user's interests.{{cite web|title=Charter Cable to Spy on its Broadband Users to Serve Targeted Ads via NebuAd|url=http://www.democraticmedia.org/jcblog/?p=586|work=Digital Destiny|date=2008-05-14|accessdate=2008-05-14|url-status=dead|archiveurl=https://web.archive.org/web/20080517172521/http://www.democraticmedia.org/jcblog/?p=586|archivedate=2008-05-17}} NebuAd did not have access to user identification information from the ISP, but may have been able to discover this through traffic monitoring (for example, email traffic may tie an email address to an ip address). Bob Dykes, the NebuAd CEO claimed in 2008; "We have 800 [consumer interest segments] today and we're expanding that to multiple thousands".{{cite web|title=ISPs Collect User Data for Behavioral Ad Targeting|url=http://www.clickz.com/showPage.html?page=3628004|work=ClickZ|date=2008-01-03|accessdate=2008-05-14|archive-url=https://web.archive.org/web/20080612182415/http://www.clickz.com/showPage.html?page=3628004|archive-date=2008-06-12|url-status=dead}}

Generally, NebuAd provided an additional revenue to network operators, which may maintain or lower consumers' Internet access bills. Critics of DPI and targeted advertising believe the raw content of their internet communications are entrusted to the ISP for handling without being inspected, or modified, nor for sale.{{cite web|title=CDT Urges Stronger Guidelines for Behavioral Advertising |url=http://www.cdt.org/headlines/1126 |date=2008-06-12 |accessdate=2008-06-19 |url-status=dead |archiveurl=https://web.archive.org/web/20080905204536/http://www.cdt.org./headlines/1126 |archivedate=September 5, 2008 }} Privacy advocates criticize the lack of disclosure{{ cite web | url=http://www.dslreports.com/shownews/Wide-Open-West-Using-NebuAD-92520 | date=2008-03-11 | title=Wide Open West Using NebuAD Users don't get much of a heads up... }} which some ISPs provided, prior to partnering with NebuAd, was a weak opt-out method, the lack of oversight over what any third-party company does with the contents of Internet communications,{{cite web |url=http://www.dslreports.com/forum/r20600537-ISP-Data-Collection-Congress-Investigation-Urged-NebuAd |title=ISP Data Collection — Congress Investigation Urged (NebuAd-CDT Press Release) |accessdate=2008-06-20 |date=2008-06-06 }} its conflicts with United States wiretap laws, and the company's refusal to name its partner ISPs.

In February 2008, one American cable operator, Wide Open West (WOW) started rolling out NebuAd. The roll-out was completed in the first week of March 2008. WOW updated its terms and conditions to include a mention of NebuAd,{{cite web | title=WOW Terms and Conditions | url=http://www1.wowway.com/wow/wow.aspx?ConIdent=28&RCView=False&TermID=11#TPA | accessdate=2008-04-30 | archive-url=https://web.archive.org/web/20080414150154/http://www1.wowway.com/wow/wow.aspx?ConIdent=28&RCView=False&TermID=11#TPA | archive-date=2008-04-14 | url-status=dead }} and in some cases informed customers of the terms having been updated. However, customers were not explicitly notified about NebuAd until later, sometime after the third week of March 2008.{{cite news | title=Data pimping catches ISP on the hop| url=https://www.theregister.co.uk/2008/04/22/wide_open_west_users_with_nebuad/| work=The Register| date= 2008-04-22 |accessdate=2008-04-23 }}

In response to an inquiry from members of the United States House of Representatives Telecommunications Subcommittee about its pilot test of NebuAd's services,{{ cite web | url=https://arstechnica.com/news.ars/post/20080715-congress-goes-after-nebuad-again.html | title=Congress goes after NebuAd... again | date=2008-07-15 | last=Anderson | first=Nate | website=ArsTechnica.com }} Embarq said it had notified consumers by revising its privacy policy 2 weeks prior to sending its users' data streams to NebuAd.{{ cite web | url=http://www.marketingvox.com/embarq-pleads-the-fifth-on-disclosing-nebuad-test-to-customers-040002/ | title=Customers Shoulda Read the Privacy Policy, Says Embarq | accessdate=2008-07-23 | work=MarketingVOX: The Voice of Online Marketing | url-status=dead | archiveurl=https://web.archive.org/web/20110714041114/http://www.marketingvox.com/embarq-pleads-the-fifth-on-disclosing-nebuad-test-to-customers-040002/ | archivedate=2011-07-14 }}

A Knology user in Knoxville, Tennessee reported she was not notified her Internet use was being monitored.{{cite web | title=Ready — Fire — Aim: NebuAd and Charter Shellacked -- Right Idea, Wrong Targets | url=http://www.publicknowledge.org/node/1664 | date=2008-07-21 | author=Topolski, Robb | work=Public Knowledge Policy Blog | url-status=dead | archiveurl=https://web.archive.org/web/20080804010535/http://www.publicknowledge.org/node/1664 | archivedate=2008-08-04 }}

In May 2008, Charter Communications announced it planned to monitor websites visited by its customers via a partnership with NebuAd.{{cite news| url=http://bits.blogs.nytimes.com/2008/05/14/charter-will-monitor-customers-web-surfing-to-target-ads/index.html?ref=technology | work=The New York Times | title=Charter Will Monitor Customers' Web Surfing to Target Ads | first=Saul | last=Hansell | date=2008-05-14 | accessdate=2010-05-20}}{{Cite web|url=http://www.theinquirer.net/gb/inquirer/news/2008/05/14/charter-track-users-replace|title=Charter wants to track users and replace online adverts - The INQUIRER|date=May 16, 2008|archive-url=https://web.archive.org/web/20080516010458/http://www.theinquirer.net/gb/inquirer/news/2008/05/14/charter-track-users-replace|archive-date=2008-05-16}} But after customers voiced their concerns, Charter changed its mind in June.{{cite news|author=The Associated Press|title=Charter Won't Track Customers' Web Use|url=https://www.nytimes.com/2008/06/25/technology/25charter.html|date=June 25, 2008|publisher=via The New York Times Company|accessdate=2008-06-29}}

Plans to implement NebuAd did not agree with some ISP's employees, including one employee was planned to re-route his traffic to avoid NebuAd's deep packet inspection hardware, altogether.

Members of US Congress, Ed Markey, chairman of the House Subcommittee on Telecommunications and the Internet, and Joe Barton, a ranking member of the House Committee on Energy and Commerce, have argued that such services must be opt-in only to comply with the provisions laid down by Section 631 of the US Communications Act, and they wrote to Charter to request them to suspend the test: "We respectfully request that you do not move forward on Charter Communications' proposed venture with NebuAd until we have an opportunity to discuss with you issues raised by this proposed venture."{{cite news | title=US Congress questions legality of Phorm and the Phormettes| url=https://www.theregister.co.uk/2008/05/16/congress_questions_nebuad/|work=The Register|first=Cade |last=Metz|date=2008-05-16|accessdate=2008-05-17}}

A writer for Wired News questioned whether Charter users could really opt out of being monitored or if they were able to opt out only of receiving targeted ads.{{cite magazine | title=Can Charter Broadband Customers Really Opt-Out of Spying? Maybe Not| url=http://blog.wired.com/27bstroke6/2008/05/theres-no-optin.html|magazine=Wired|first=Ryan |last=Single|date=2008-05-16|accessdate=2008-05-17}} The same writer has asked if it would breach anti-wiretapping laws.

An engineer who examined the system confirmed there was no way to opt out of NebuAd's monitoring.{{ cite web | url=https://arstechnica.com/news.ars/post/20080723-embarq-dont-all-users-read-our-5000-word-privacy-policy.html | title=Embarq: Don't all users read our 5,000 word privacy policy? | last=Anderson | first=Nate | date=2008-07-23 | website=ArsTechnica.com | quote=He points out that the system is essentially a massive bridge running Fedora, and that NebuAd advises ISPs to install it inline in their networks in such a way that all web traffic passes through it... opted out or not. As the engineer explains, "When we asked them about an opt-out method for our customers, they didn't have one. And unless they alter the architecture of their system drastically, they won't ever have one. Their system is a bridge, so you would need some sort of magical layer-two switching device upstream that switched frames from users that have opted out around the NebuAd appliance. How would you build a device like this without profiling your users in the first place to determine who had opted out? It's not like there is an opt-out bit you can flip in the header of an Ethernet frame." Therefore, while the data actually created and stored by NebuAd or Embarq might end up being totally anonymous and innocuous, everyone's data is still pumped into a third-party box. }} All inbound and outbound information was intercepted and sent to NebuAd's offsite server to be processed. Even if a user had opted out of the service, it did not prevent the ISP from sending the data to NebuAd.

A report by Robert M. Topolski, chief technology consultant of the Free Press and Public Knowledge, showed NebuAd's devices created cookies on end-users machines by injecting a specious packet into the end of the data stream returned in response to some web page requests submitted to search engines, including Google and Yahoo. The content of this specious packet, which would be added to the end of the web page when it is rendered by the end-user's browser, contained HTML script tags which cause the browser to run Javascript code.{{cite web|title=NebuAd and Partner ISPs: Wiretapping, Forgery and Browser Hijacking|url=http://www.freepress.net/files/NebuAd_Report.pdf|work=Free Press|first=Robert|last=Topolski|date=2008-06-18|accessdate=2008-06-19|url-status=dead|archiveurl=https://web.archive.org/web/20080919204720/http://www.freepress.net/files/NebuAd_Report.pdf|archivedate=2008-09-19}}

Critics were concerned that NebuAd superimposed its own advertising over the ads of other advertisers, or placing additional advertising to a page. These concerns originated o the NebuAd's "Fair Eagle" operation, patent application data which mentioned such inventions, and a loose relationship to Claria Corporation whose products and history suggest such tactics, as well as by the following:

In 2007 it was reported that Redmoon, a Texas-based ISP was using a NebuAd technology to inject Redmoon's own advertising into pages visited by its users.{{cite web | title=Real Evil: ISP Inserted Advertising| url=https://techcrunch.com/2007/06/23/real-evil-isp-inserted-advertising/| work=Techcrunch| date= 2007-06-23 |accessdate=2008-04-26}} The "Fair Eagle" advertisement hardware, provided by NebuAd, inserted additional advertising alongside the content of web pages. The ads featured a window with the "Fair Eagle" title bar. The injected ads stopped appearing toward the end of June, 2007.{{cite web | title=benanderson.net-Fair Eagle taking over the world? ISPs being compromised or just cheap? | date=2007-06-22 | accessdate=2008-06-19 | url=http://www.benanderson.net/blog/weblog.php?id=D20070622 | url-status=dead | archiveurl=https://web.archive.org/web/20071021061511/http://benanderson.net/blog/weblog.php?id=D20070622 | archivedate=2007-10-21 }}

Some senior staff members of NebuAd had worked previously at a (now defunct) ad company, named Claria Corporation (formerly, the Gator Corporation), which was well known for ad software known as Gator.{{cite web |url=https://www.theregister.co.uk/2008/06/20/nebuad_claria/ |title=NebuAd looks to 'spyware' firm for recruits |accessdate=2008-06-20 |work=The Register |date=2008-06-20 }} Both Claria and NebuAd were located in Redwood City, California. The June 2006 creation{{Cite web|url=https://whois.domaintools.com/nebuad.com|title=Whois Lookup Captcha|website=whois.domaintools.com}} of nebuad.com coincides with timing of Claria's decision to shut down{{ cite web | url=http://www.techweb.com/wire/security/183701933 | title=Claria Abandons Adware | work=TechWeb Technology News | last=Keizer | first=Gregg | quote=Claria will exit out of the adware business by the end of the second quarter of 2006. | url-status=dead | archiveurl=https://web.archive.org/web/20070105194603/http://www.techweb.com/wire/security/183701933 | archivedate=2007-01-05 }} the Gator service. NebuAd repeatedly denied any corporate connection to Claria, describing its hiring of Claria employees as a result of that company shedding employees in a tight market for experienced advertising sales staff in the Valley.

ISPs that tried out or deployed or prepared to deploy Nebuad included the following:

{{div col|colwidth=35em}}

• Broadstripe{{cite web | title=Broadstripe High Speed Internet Online Privacy Policy| url=http://www.broadstripe.com/terms/privacypolicy.htm|accessdate=2008-05-14 |archiveurl = https://web.archive.org/web/20080224042248/http://www.broadstripe.com/terms/privacypolicy.htm |archivedate = 2008-02-24}} (formerly and formally Millennium Digital Media),
• Decaturnet Internet Services,
• Eastern Oregon Net, Inc. (EONI),{{cite web |url=http://www.dslreports.com/forum/r20703209-One-More-ISP-to-add-to-the-list-of-ISPs |title=One More ISP to add to the list of ISPs |accessdate=2008-06-26 |work=BroadbandReports.com |date=2008-06-26 }}
• High Speed Networks -E50 (HSNe50),{{cite web |url=http://www.dslreports.com/forum/r20703445-And-Even-One-More-ISP-to-add-to-NebuAds-Harem |title=And Even One More ISP to add to NebuAds Harem |accessdate=2008-06-26 |work=BroadbandReports.com |date=2008-06-26 }}
• Metro Provider,{{cite web| title=Metro Provider Privacy Policy| url=http://www.metroprovider.com/privacy_policy.html| url-status=dead| archiveurl=https://web.archive.org/web/20080507191028/http://metroprovider.com/privacy_policy.html| archivedate=2008-05-07}}
• OnlyInternet.Net,{{cite web |url=http://www.dslreports.com/forum/r20704276-OnlyInternetNet-uses-NebuAd-for-Behavioral-Targeting |title=OnlyInternet.Net uses NebuAd for Behavioral Targeting |accessdate=2008-06-26 |work=BroadbandReports.com |date=2008-06-26 }}
• Progressive Internet Services (Jayco.Net),
• RTC on Line{{cite web |url=http://www.dslreports.com/forum/r20705904-RTC-on-Line-aka-Rochester-Telephone-Company-sells-to-NebuAd |title=RTC on Line aka Rochester Telephone Company sells to NebuAd |accessdate=2008-06-26 |work=BroadbandReports.com |date=2008-06-26 }} (Rochester Telephone Company, Indiana),
• 20/20 Communications{{cite web |url=http://www.dslreports.com/forum/r20704629-2020-Communications-and-NebuAd |title=20/20 Communications and NebuAd |accessdate=2008-06-26 |work=BroadbandReports.com |date=2008-06-26 }} (2020comm.net)

{{div col end}}

The following ISPs are listed in legal documents{{cite web|url=http://www.nebuadsettlement.com/Documents/NAV0001/NAV_NOT.pdf |title=of Pendency of Class Action and Proposed Settlement in the U.S. District Court, Northern District Of California — Valentine, et al. v. NebuAd, Inc., No. 3:08-cv-05113 (TEH)(EMC). |accessdate=2011-10-24 |url-status=live |archiveurl=https://web.archive.org/web/20140525180344/http://www.nebuadsettlement.com/Documents/NAV0001/NAV_NOT.pdf |archivedate=May 25, 2014 }}

related to the class action notice (see below) as having deployed NebuAd hardware:

{{div col|colwidth=35em}}

• AllCities
• Annapolis Wireless Internet
• AzulStar, Inc.
• Bresnan Communications, LLC
• Cable One, Inc.
• Casco Communications/Peak Internet
• Cavalier Broadband, LLC
• CenturyTel, Inc.; CenturyTel Broadband
• Services, LLC; CenturyTel Service Group, LLC
• CMS Internet LLC
• Eastern Oregon Network, Inc.
• Education Networks of America (ENA)
• Embarq Management Co.; United Telephone
• Co. of Eastern Kansas
• Fire2Wire
• Galaxy Internet Services
• Grande Communications
• High Speed Data Inc.
• 20/20 Communications
• iBahn General Holdings
• Knology, Inc.
• Mesa Networks, Inc.
• Millennium Digital Media Systems/Broadstripe
• Network Evolution, Inc.
• Nexicom Inc.
• Ricochet Networks, Inc.
• Rochester Telephone Company, Inc.
• Softcom Internet Communications
• United Online/NetZero
• Unplugged Cities
• WideOpenWest Finance, LLC (WOW)

{{div col end}}

All ISPs ended or suspended their relationship with NebuAd.

• Charter Communications suspended its plans{{cite news| title=Charter Will Monitor Customers' Web Surfing to Target Ads| url=http://bits.blogs.nytimes.com/2008/05/14/charter-will-monitor-customers-web-surfing-to-target-ads/index.html?ref=business| archive-url=https://archive.today/20130104055145/http://bits.blogs.nytimes.com/2008/05/14/charter-will-monitor-customers-web-surfing-to-target-ads/index.html?ref=business| url-status=dead| archive-date=2013-01-04| work=The New York Times| date=2008-05-14| accessdate=2008-05-14| first=Saul| last=Hansell}} to test NebuAd following scrutiny from lawmakers and privacy groups.{{cite web |url=http://www.dslreports.com/shownews/Charter-User-Monitoring-Plans-Suspended-95551 |title=Charter User Monitoring Plans Suspended - 'Enhanced user experience' apparently not so enhanced.... |accessdate=2008-06-25 |last=Bode |first=Karl |date=2008-06-24 |website=BroadbandReports.com }}
• An Embarq spokesperson told the Associated Press that it ended its trial with NebuAd, and has not decided whether to move forward{{cite web |url=http://www.seoserpent.com/2008-09/isp-behavioral-targeting/ |title=ISP Behavioral Targeting Versus You |date=2008-09-26 }} with Behavioral Targeting advertising "either through NebuAd or with any other vendor".{{cite web |url=http://www.salon.com/wires/ap/scitech/2008/06/25/D91HAQHO1_tec_web_tracking/index.html |title=ISPs still considering tracking Web use |accessdate=2008-06-25 |work=Salon.com |date=2008-06-25 |last=Svensson |first=Peter }}
• CenturyTel, one of the earliest known ISPs to test NebuAd,{{cite news | title=Watching What You See on the Web |url=https://www.wsj.com/articles/SB119690164549315192?mod=todays_us_nonsub_marketplace| work=The Wall Street Journal| date= 2007-12-06 |accessdate= 2008-05-21 | first=Bobby | last=White}} notified customers in late May 2008 that it was deploying the hardware,{{cite web |url=http://www.dslreports.com/forum/r20554465-Centurytel-and-NebuAd |title=CenturyTel and NebuAd |accessdate=2008-06-27 |work=BroadbandReports.com |date=2008-05-28 }} only to pull out of the deal alongside of Charter a month later.{{cite web |url=http://www.dslreports.com/forum/r20711216-Centurytel-drops-NebuAd |title=CenturyTel Drops NebuAd |accessdate=2008-06-27 |work=BroadbandReports.com |date=2008-06-27 }}
• Bresnan Communications used the NebuAd technology.{{cite news | title=Bresnan actively intercepting ALL packets | url=http://www.dslreports.com/forum/r20258823-Bresnan-actively-intercepting-ALL-packets | accessdate=2008-06-18}} Following the announcements by Charter, Embarq, and CenturyTel that they would no longer use NebuAd on their networks, Bresnan told a blogger that their NebuAd trial had ended and they would comply with whatever regulatory model emerges from the current debate.{{cite web | url=http://johnlinko.blogspot.com/2008/07/bresnan-internet-privacy-update.html | title=Bresnan — Internet Privacy Update | accessdate=2008-07-01 | date=2008-07-01 | work=John Linko (Blog) }}
• Web cache evidence indicated that Blackfoot Telecommunications Group, Inc. of Missoula, Montana appeared to have tried NebuAd between March and May 2008.{{cite web |url=http://www.dslreports.com/forum/r20706000-Blackfoot-Telecommunications-Group-Inc-Missoula-MT-Nebuad |title=Blackfoot Telecommunications Group, Inc. Missoula MT Nebuad |accessdate=2008-06-30 |work=BroadbandReports.com |date=2008-06-26 }} Blackfoot's Mary Worden later explained, "Blackfoot tested NebuAd on its internal corporate network, with employees only and not with its customers, in March 2008, but had similar concerns to those raised by consumer groups and elected not to launch the service."
• Nexicom, serving Central Ontario and the Kawarthas, Canada, notified users via its Privacy Policy page that it was using NebuAd as of April 23, 2008.{{ cite web | url=http://www.nexicom.net/privacy.php |title=Nexicom Privacy Policy |accessdate=2008-07-02 |quote=Beginning April 23rd, we will partner with a third party to deliver or facilitate delivery of advertisements to our users while they are surfing on the web. These advertisements will be based on those users' anonymous surfing behavior while they are online. This anonymous information will not include those users' name, email address, telephone number, or any other personally identifiable information. By opting out you will continue to receive advertisements as normal; except these advertisements will be less relevant and less useful to you. If you would like to opt out, click here. (links to http://www.nebuad.com/privacy/optout.php page) }} Following a question to users on a public forum, Nexicom's Paul Stewart replied, "Nexicom was investigating using the NebuAd service. The software was never implemented at any time as there were concerns on several levels regarding privacy issues. References to NebuAd in Nexicom's Privacy Policy has been removed."{{ cite web | url=http://www.dslreports.com/forum/r20737958-Nexicom-is-using-NebuAd | title=Nexicom is using Nebuad | date=2008-07-03 | work=Canadian Broadband Forum on BroadbandReports.com }}
• Wide Open West (WOW) completed suspension of NebuAd services on July 9. In a response to customer inquiries, WOW indicated, "With Congress in active review of online behavioral advertising, WOW! Internet- Cable- Phone is suspending its deployment of NebuAd services to our subscribers at this time. We believe that all parties are best served by a thoughtful and thorough review of this emerging advertising model, and we welcome the opportunity for that discussion to take place."{{cite web | url=http://www.dslreports.com/forum/r20736487-WOW-Suspension-of-Nebuad-Services | title=WOW! Suspension of Nebuad Services | date=2008-07-03 | work=DSLReports.com Forums — US Cable Support — W.O.W. | author=prack }}
• Knology{{cite web |url=http://www.dslreports.com/shownews/Broadstripe-Now-Selling-User-Browsing-History-94378 |title=Broadstripe Now Selling User Browsing History, Joins growing list of NebuAD customers |accessdate=2008-06-25 |work=BroadbandReports.com |date=2008-05-14 }}{{ cite web | accessdate=2008-07-21 | quote=9. Third Party Advertisers. Knology will partner with a third party to deliver or facilitate delivery of advertisements to our users while they are surfing the web. These advertisements will be based on those users' anonymous surfing behavior while they are online. This anonymous information will not include those users' name, email address, telephone number, or any other personally identifiable information. By opting out, You will continue to receive advertisements as normal; except these advertisements will be less relevant and less useful to you. If You would like to opt out, go to: http://nebuad.com/privacy/optout.php | url=http://support.knology.net/content/custService_agree_121207.pdf | title=Knology Customer Service Agreement | url-status=dead | archiveurl=https://web.archive.org/web/20080703203208/http://support.knology.net/content/custService_agree_121207.pdf | archivedate=2008-07-03 }} reported to the United States House Committee on Energy and Commerce that it discontinued a trial of NebuAd in all markets as of July 14, 2008.{{cite web |url=http://energycommerce.house.gov/Press_110/Responses%20to%20080108%20TI%20Letter/110-ltr.080108responseKnology.pdf |title=RE: Internet Advertising Inquiry |accessdate=2008-08-11 |author=Johnson, Rodger; CEO and Chairman of the Board, Knology, Inc. |publisher=Committee on Energy and Commerce — US House of Representatives |date=2008-08-08 |url-status=dead |archiveurl=https://web.archive.org/web/20080829100543/http://energycommerce.house.gov/Press_110/Responses%20to%20080108%20TI%20Letter/110-ltr.080108responseKnology.pdf |archivedate=2008-08-29 }}
• Unbeknownst to its users, Cable One conducted NebuAd tests on 14,000 customers in Alabama for six months beginning in November 2007.{{cite news|author=Jesdanun, Anick|title=6 Internet providers disclose Web tracking for ads|url=http://ap.google.com/article/ALeqM5i0jj6e-BuV4qnseoMIL1fJFB7uhAD92TEAE80|date=August 31, 2008|publisher=Associated Press via Google|accessdate=2008-09-01}}{{dead link|date=November 2012|bot=Legobot}} As of August 2008, Cable One had decided against using the technology "commercially" on its systems{{cite web|author=Ji, Philip P.|title=Letter, from Responses to August 1, 2008 Letters to Network Operators Regarding Data Collection Practices|url=http://energycommerce.house.gov/Press_110/Responses%20to%20080108%20TI%20Letter/110-ltr.080108responseCABLE001.pdf|format=PDF via Google HTML|publisher=Committee on Energy and Commerce, U.S. House of Representatives|accessdate=2008-09-01|url-status=dead|archiveurl=https://web.archive.org/web/20080829100350/http://energycommerce.house.gov/Press_110/Responses%20to%20080108%20TI%20Letter/110-ltr.080108responseCABLE001.pdf|archivedate=August 29, 2008}} but in September said it was waiting for "clear rules and boundaries".{{cite news|author=Jesdanun, Anick |title=Ad targeting based on ISP tracking now in doubt |url=http://ap.google.com/article/ALeqM5hojy5UugX8vlpZa1urv5KYVDHDjAD92TSRNG0 |date=September 1, 2008 |publisher=Associated Press via Google |accessdate=2008-09-01 |url-status=dead |archiveurl=https://web.archive.org/web/20080904213950/http://ap.google.com/article/ALeqM5hojy5UugX8vlpZa1urv5KYVDHDjAD92TSRNG0 |archivedate=September 4, 2008 }}

NebuAd was closed down in the UK in August 2008 and in the US in May 2009.

{{expand section|date=October 2011}}

A proposed settlement for a class-action lawsuit against NebuAd was underway in October 2011. All subscribers to the ISPs listed above between January 1, 2007, and July 1, 2008, were to be considered mandatory class members and so did not have to opt in and could not choose to opt out. Under the terms of the proposed settlement, NebuAd would create a settlement fund of approximately $2,410,000, to be used for administration of the settlement, covering legal fees, an incentive award of $5,000 to the individual who brought the complaint, providing up to $1000 for other named representatives, with most of the money going to support non-profits providing consumer education and privacy research.{{Citation needed|date=August 2016}}

{{Reflist|30em}}

• [http://www.nebuadsettlement.com Valentine v NebuAd, Inc. Settlement Information]

Category:Deep packet inspection

Category:Online advertising