A New York resident who recently sued behavioral advertising network Interclick for allegedly violating her privacy by using history-sniffing technology has filed a related lawsuit against McDonald's,
CBS, Mazda and Microsoft.
In a complaint filed Tuesday with the U.S. District Court for the Southern District of New York, Sonal Bose alleges that McDonald's and the other companies "acted in
concert with Interclick," to mine users' Web surfing history for marketing purposes. "Defendants circumvented the privacy and security controls of consumers who, like plaintiff, had configured their
browsers to prevent third-party advertisers from monitoring their online activities," Bose alleges.
The lawsuit alleges that the companies violated the federal computer fraud law, wiretap law
and other statutes. She is seeking class-action status. This lawsuit comes several weeks after Bose sued
Interclick for allegedly using history-sniffing technology and Flash cookies to track her online activity.
History-sniffing technology exploits a vulnerability in browsers to discover the Web
sites users previously visited. Researchers from the University of California, San Diego recently brought the technique to light when they published a paper explaining the technique and naming 46
Web sites where history-sniffing technology was being deployed. In at least some cases, ad company Interclick reportedly used the technology without the publishers' knowledge.
Bose's new
lawsuit focuses on specific online ad campaigns that the marketers ran in 2010 -- including, according to the complaint, a McDonald's campaign related to the World Cup, a CBS SportsLine promotion
of its online fantasy sports platform and a seven-month Microsoft campaign promoting the Windows Smartphone.
"Interclick engages in browser history sniffing on behalf of Defendants, to obtain
information about entities with whom consumers have communicated and with whom Interclick and defendants have no affiliation," the lawsuit alleges. "All the consumer information Interclick acquired
while executing an ad campaign for any one defendant was merged into Interclick's consumer profile database and subsequently used for behavioral targeting on behalf of all defendants."
Bose
also says in her complaint that she believes that the defendants used Flash cookies for tracking purposes. Flash cookies are stored in a different place in the browser than HTTP cookies, and
therefore, require additional effort to delete.
Measurement company Quantcast and widget maker Clearspring recently agreed to pay $2.4 million to settle a separate class-action lawsuit alleging
that they violated people's online privacy by using Flash cookies for tracking. The plaintiffs in that case are represented by the same lawyers representing Bose, including Dallas-based attorney
Joseph Malley and New York-based attorney Scott Kamber.