Politech: FC: Doubleclick sued for "violating privacy rights of Net users"

[Declan McCullagh <declan () well com>]

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[As much as I dislike anyone insisting they're acting on behalf of the 
General Public -- and particularly plaintiffs' lawyers with the temerity to 
capitalize the term -- this suit might have merit. I'm not familiar with 
all the details, but if Doubleclick did promise to protect privacy and lied 
about it, it seems like a contract violation that should be properly 
remedied in the courts. This at least seems to be a better, faster way to 
handle privacy violations than slower-to-respond federal regulations. --DBM]
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Doubleclick is Sued for Violating Privacy Rights of Internet Users

SAN RAFAEL, Calif.--(BUSINESS WIRE)--Jan. 27, 2000--A California woman sued
Doubleclick today on behalf of the General Public of the State of 
California, charging that the Internet's largest advertising company is 
unlawfully obtaining and selling consumers' highly private personal 
information. The lawsuit was filed in California Superior Court - Marin County.
The lawsuit, entitled Judnick v. Doubleclick, Inc., alleges that 
Doubleclick employs sophisticated computer technology, known as "cookies," 
to identify Internet users, track and record their Internet use and the 
Internet Web Sites they visit, and obtain a plethora of highly confidential 
and personal information about them without their consent. The information 
obtained, the suit alleges, includes such sensitive items as names, addresses,
ages, shopping patterns and histories and financial information.

According to the lawsuit, Doubleclick has represented to the General Public 
that it was not collecting personal and identifying information and that it 
gives privacy interests of Internet users, "paramount importance." Last 
year, however, Doubleclick acquired Abacus Direct Corporation ("Abacus"), a 
direct-marketing services company, which maintains a huge database of 
personal information for ninety percent (90%) of American households. The 
lawsuit alleges that Doubleclick then combined the power of its cookie
technology with the information it acquired to create a sophisticated and 
highly intrusive means of collecting and cross-referencing private personal 
information without the knowing consent of Internet users.
"Doubleclick has an obligation to the General Public using the Internet to 
truthfully and adequately inform them about what Doubleclick is taking from 
them, namely, their personal, private information. Internet users have a 
right to privacy and to be free from false and misleading advertising, 
protected by the laws of the State of California. Even if Doubleclick 
provides warnings, such warnings give no protection to many unsophisticated 
web-surfers. One wrong click and the originally anonymous cookie becomes a 
window into that consumer's private life. Consumers must be allowed to 
first give their conscious, informed and affirmative consent before 
Doubleclick is given access
to their private, personal information." said Ira Rothken, an attorney 
representing Hariett M. Judnick, on behalf of the General Public of California.
The Plaintiff is requesting an injunction against Doubleclick, stopping 
them from using technology to collect personal information without prior 
written consent of the Internet user, providing a means for the Internet 
user to destroy mistakenly gathered private information and requiring 
Doubleclick to destroy all records obtained without a consumer's knowing 
consent.
If you wish to discuss this case or have any questions please contact 
Plaintiff's lead counsel, Ira Rothken of THE ROTHKEN LAW FIRM at 
415-924-4250 or via e-mail at ira () techfirm com  The law firm web site is 
located at http://www.techfirm.com.

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