Susan Simon, a California resident, has filed class action lawsuit against the internet marketer Adzilla, alleging that the company and the other ISP companies involved, violated anti-hacking and anti-wiretapping laws by accessing the contents of customers' web packets.
When Ms. Simon noticed her internet connection was acting up she traced the troubles to Adzilla, which according to the complaint had "identified and described ... knowingly authorized, directed, ratified, approved, acquiesced, and/or participated in the intentional interception of the plaintiff's and other ISP subscribers' (class members') online transmissions, without the authority or consent of the plaintiff or other ISP subscriber class members using Deep Packet Inspection ("DPI"). "
The complaint describes DPI as follows: "Deep Packet Inspection of internet communications accesses, acquires, and discloses sensitive information ("SI"), personal identifying information ("PII"), personal information ("PI"), and non-personal indentifying information ("Non-PII"). " According to the complaint, the Deep Packet Inspection was made possible through the utilization of an Adzilla device referred to as a "Zillacaster," installed at either the ISP infrastructure, or at the Competitive Local Exchange Carrier infrastructure. All of this was accomplished without any notice to and without any consent obtained from the plaintiff or any ISP subscribers."
The purpose of the spying was to monitor customers' clickstream behavior, so the company could build a complete behavioral awareness system of value to online advertisers in targeting customers.
The class action is brought on behalf of all internet users whose privacy and computer security rights were violated by the undisclosed and unconsented to interception, Deep Packet Inspection and copying and/or alteration of their internet communications.
