Embarq, WOW Bury Snooping In Terms Of Service - Users not being clearly alerted to use of behavioral advertising systems...

A debate is raging in the UK over ISPs' use of deep packet inspection hardware to watch consumer surfing habits and sell them targeted ads. The conversation here in the States remains muted, largely because the biggest ISPs haven't implemented such systems yet (given the ceaseless need to please investors, they will). The handful of ISPs that have implemented these systems (WOW, Embarq, Centurytel) haven't exactly been shouting it from the hilltops.

By opting out, you will continue to receive advertisements as normal; but these advertisements will be less relevant and less useful to you.

-Embarq's privacy policy on company's use of NebuAD

Last February we spoke with NebuAD, one of the leading players in the behavioral advertising space. NebuAD CEO Bob Dykes told us that "multiple tens of ISPs" have signed off to use their system, which places deep packet inspection hardware on the ISP network to track which sites you visit, and how long you visit them. ISPs get paid a monthly check, and your supposedly anonymous browsing data is used to feed you interest-tailored advertising.

At the time, Dykes told us that part of NebuAD's contract language with ISPs requires they clearly inform customers they've started using the technology, giving them ample opportunity to opt-out. ISPs clearly have a different definition of "clearly" than the rest of us.

Wide Open West began using NebuAD services earlier this year, but the only way a customer would know was if they read the terms of service and FAQ closely. Embarq also "announced" their use of the system via fine print last fall, something discussed by a Washington Post article on behavioral advertising over the weekend.

Some service providers, such as Embarq and Wide Open West, or WOW, have altered their customer-service agreements to permit the monitoring. Embarq describes the monitoring as a "preference advertising service." Wide Open West tells customers it is working with a third-party advertising network and names NebuAd as its partner. Officials at WOW and Embarq declined to talk about any monitoring that has been done.

The pertinent paragraph from Embarq's privacy policy:

EMBARQ may use information such as the websites you visit or online searches that you conduct to deliver or facilitate the delivery of targeted advertisements. The delivery of these advertisements will be based on anonymous surfing behavior and will not include users' names, email addresses, telephone numbers, or any other Personally Identifiable Information. You may choose to opt out of this preference advertising service. By opting out, you will continue to receive advertisements as normal; but these advertisements will be less relevant and less useful to you. If you would like to opt out, click here.

As with all implementations of NebuAD, opting out simply deposits a cookie on your system, so you'll need to opt-out again should you delete your cookies. "Opting out" only also prevents you from receiving targeted ads, it doesn't keep your information from being tracked and resold. We've seen only one ISP (UK ISP TalkTalk) address user privacy concerns by making the system opt in. Don't expect that from most providers, who'd be sabotaging a profitable revenue stream by caring about user privacy.

We'd ask all broadband users to take a close look at the advertising related portion of their ISP's privacy policy, and fire us an e-mail if you find any reference to behavioral advertising technology. If these ISPs are not going to clearly announce their use of such services via e-mail or press release, surely customers won't mind doing it for them.