<s>
NebuAd	B-Application
was	O
an	O
American	O
online	O
advertising	O
company	O
based	O
in	O
Redwood	O
City	O
,	O
California	O
,	O
with	O
offices	O
in	O
New	O
York	O
and	O
London	O
and	O
was	O
funded	O
by	O
the	O
investment	O
companies	O
Sierra	O
Ventures	O
and	O
Menlo	O
Ventures	O
.	O
</s>
<s>
At	O
one	O
point	O
,	O
NebuAd	B-Application
had	O
signed	O
up	O
more	O
than	O
30	O
customers	O
,	O
mostly	O
Internet	O
access	O
providers	O
,	O
its	O
agreements	O
with	O
providers	O
covered	O
10	O
percent	O
of	O
the	O
broadband	O
users	O
in	O
America	O
.	O
</s>
<s>
Due	O
to	O
fallout	O
following	O
public	O
and	O
Congressional	O
concern	O
,	O
NebuAd	B-Application
's	O
largest	O
ISP	O
customers	O
pulled	O
out	O
.	O
</s>
<s>
NebuAd	B-Application
closed	O
for	O
business	O
in	O
the	O
UK	O
in	O
August	O
2008	O
,	O
followed	O
by	O
the	O
US	O
in	O
May	O
2009	O
.	O
</s>
<s>
NebuAd	B-Application
UK	O
Ltd	O
was	O
dissolved	O
in	O
February	O
2010	O
.	O
</s>
<s>
NebuAd	B-Application
's	O
platform	O
comprised	O
three	O
main	O
parts	O
:	O
hardware	O
,	O
hosted	O
within	O
an	O
ISP	O
,	O
capable	O
of	O
inserting	O
content	O
into	O
pages	O
,	O
an	O
off-site	O
server	O
complex	O
to	O
analyse	O
and	O
categorise	O
the	O
contents	O
of	O
users	O
 '	O
Internet	O
communications	O
,	O
and	O
relationships	O
with	O
advertising	O
networks	O
willing	O
to	O
present	O
NebuAd	B-Application
's	O
targeted	O
advertising	O
.	O
</s>
<s>
Users	O
could	O
"	O
opt-out	O
"	O
of	O
NebuAd	B-Application
's	O
information	O
collection	O
and	O
targeted	O
ads	O
,	O
but	O
there	O
was	O
no	O
way	O
for	O
users	O
to	O
prevent	O
ISPs	O
from	O
sending	O
the	O
data	O
to	O
NebuAd	B-Application
in	O
the	O
first	O
place	O
.	O
</s>
<s>
Since	O
ISPs	O
route	O
customers	O
 '	O
traffic	O
,	O
it	O
is	O
an	O
important	O
vantage	O
point	O
from	O
which	O
to	O
monitor	O
all	O
traffic	O
to-and-from	O
a	O
consumer	O
using	O
Deep	B-Application
packet	I-Application
inspection	I-Application
(	O
DPI	O
)	O
.	O
</s>
<s>
By	O
analysing	O
the	O
traffic	O
,	O
NebuAd	B-Application
reported	O
it	O
gained	O
more	O
information	O
about	O
a	O
customers	O
 '	O
particular	O
interests	O
,	O
than	O
less	O
intrusive	O
methods	O
.	O
</s>
<s>
NebuAd	B-Application
's	O
privacy	O
policy	O
claimed	O
they	O
"	O
specifically	O
not	O
store	O
or	O
use	O
any	O
information	O
relating	O
to	O
confidential	O
medical	O
information	O
,	O
racial	O
or	O
ethnic	O
origins	O
,	O
religious	O
beliefs	O
,	O
or	O
sexuality	O
,	O
which	O
are	O
tied	O
to	O
personally	O
identifiable	O
information	O
( 	O
 '	O
sensitive	O
personal	O
information	O
 '	O
)	O
.	O
"	O
</s>
<s>
It	O
also	O
advises	O
,	O
"	O
The	O
information	O
we	O
collect	O
is	O
stored	O
and	O
processed	O
on	O
NebuAd	B-Application
's	O
servers	O
in	O
the	O
United	O
States	O
.	O
</s>
<s>
noticed	O
unexpected	O
cookies	O
appearing	O
for	O
sites	O
such	O
as	O
nebuad.adjuggler.com,	O
after	O
using	O
Google	O
,	O
which	O
were	O
being	O
read	O
and	O
written	O
,	O
but	O
when	O
WOW	O
's	O
support	O
department	O
was	O
contacted	O
,	O
WOW	O
initially	O
denied	O
responsibility	O
for	O
the	O
activity	O
.	O
</s>
<s>
On	O
July	O
9	O
,	O
2008	O
,	O
WOW	O
suspended	O
the	O
use	O
of	O
NebuAd	B-Application
services	O
to	O
its	O
subscribers	O
.	O
</s>
<s>
According	O
to	O
NebuAd	B-Application
's	O
sales	O
,	O
less	O
than	O
1%	O
of	O
users	O
opt-out	O
.	O
</s>
<s>
NebuAd	B-Application
bought	O
impressions	O
from	O
ad	O
networks	O
including	O
Valueclick	O
.	O
</s>
<s>
NebuAd	B-Application
argued	O
that	O
behavioral	O
targeting	O
enriches	O
the	O
Internet	O
on	O
several	O
fronts	O
.	O
</s>
<s>
ISPs	O
were	O
paid	O
for	O
allowing	O
NebuAd	B-Application
access	O
to	O
their	O
network	O
on	O
a	O
per-user	O
per-active	O
profile	O
basis	O
.	O
</s>
<s>
NebuAd	B-Application
used	O
data	O
such	O
as	O
Web	O
search	O
terms	O
,	O
page	O
views	O
,	O
page	O
and	O
ad	O
clicks	O
,	O
time	O
spent	O
on	O
specific	O
sites	O
,	O
zip	O
code	O
,	O
browser	O
info	O
and	O
connection	O
speed	O
to	O
categorise	O
a	O
user	O
's	O
interests	O
.	O
</s>
<s>
NebuAd	B-Application
did	O
not	O
have	O
access	O
to	O
user	O
identification	O
information	O
from	O
the	O
ISP	O
,	O
but	O
may	O
have	O
been	O
able	O
to	O
discover	O
this	O
through	O
traffic	O
monitoring	O
(	O
for	O
example	O
,	O
email	O
traffic	O
may	O
tie	O
an	O
email	O
address	O
to	O
an	O
ip	O
address	O
)	O
.	O
</s>
<s>
Bob	O
Dykes	O
,	O
the	O
NebuAd	B-Application
CEO	O
claimed	O
in	O
2008	O
;	O
"	O
We	O
have	O
800	O
[	O
consumer	O
interest	O
segments ]	O
today	O
and	O
we	O
're	O
expanding	O
that	O
to	O
multiple	O
thousands	O
"	O
.	O
</s>
<s>
Generally	O
,	O
NebuAd	B-Application
provided	O
an	O
additional	O
revenue	O
to	O
network	O
operators	O
,	O
which	O
may	O
maintain	O
or	O
lower	O
consumers	O
 '	O
Internet	O
access	O
bills	O
.	O
</s>
<s>
Privacy	O
advocates	O
criticize	O
the	O
lack	O
of	O
disclosure	O
which	O
some	O
ISPs	O
provided	O
,	O
prior	O
to	O
partnering	O
with	O
NebuAd	B-Application
,	O
was	O
a	O
weak	O
opt-out	O
method	O
,	O
the	O
lack	O
of	O
oversight	O
over	O
what	O
any	O
third-party	O
company	O
does	O
with	O
the	O
contents	O
of	O
Internet	O
communications	O
,	O
its	O
conflicts	O
with	O
United	O
States	O
wiretap	O
laws	O
,	O
and	O
the	O
company	O
's	O
refusal	O
to	O
name	O
its	O
partner	O
ISPs	O
.	O
</s>
<s>
In	O
February	O
2008	O
,	O
one	O
American	O
cable	O
operator	O
,	O
Wide	O
Open	O
West	O
(	O
WOW	O
)	O
started	O
rolling	O
out	O
NebuAd	B-Application
.	O
</s>
<s>
WOW	O
updated	O
its	O
terms	O
and	O
conditions	O
to	O
include	O
a	O
mention	O
of	O
NebuAd	B-Application
,	O
and	O
in	O
some	O
cases	O
informed	O
customers	O
of	O
the	O
terms	O
having	O
been	O
updated	O
.	O
</s>
<s>
However	O
,	O
customers	O
were	O
not	O
explicitly	O
notified	O
about	O
NebuAd	B-Application
until	O
later	O
,	O
sometime	O
after	O
the	O
third	O
week	O
of	O
March	O
2008	O
.	O
</s>
<s>
In	O
response	O
to	O
an	O
inquiry	O
from	O
members	O
of	O
the	O
United	O
States	O
House	O
of	O
Representatives	O
Telecommunications	O
Subcommittee	O
about	O
its	O
pilot	O
test	O
of	O
NebuAd	B-Application
's	O
services	O
,	O
Embarq	O
said	O
it	O
had	O
notified	O
consumers	O
by	O
revising	O
its	O
privacy	O
policy	O
2	O
weeks	O
prior	O
to	O
sending	O
its	O
users	O
 '	O
data	O
streams	O
to	O
NebuAd	B-Application
.	O
</s>
<s>
In	O
May	O
2008	O
,	O
Charter	O
Communications	O
announced	O
it	O
planned	O
to	O
monitor	O
websites	O
visited	O
by	O
its	O
customers	O
via	O
a	O
partnership	O
with	O
NebuAd	B-Application
.	O
</s>
<s>
Plans	O
to	O
implement	O
NebuAd	B-Application
did	O
not	O
agree	O
with	O
some	O
ISP	O
's	O
employees	O
,	O
including	O
one	O
employee	O
was	O
planned	O
to	O
re-route	O
his	O
traffic	O
to	O
avoid	O
NebuAd	B-Application
's	O
Deep	B-Application
Packet	I-Application
Inspection	I-Application
hardware	O
,	O
altogether	O
.	O
</s>
<s>
Members	O
of	O
US	O
Congress	O
,	O
Ed	O
Markey	O
,	O
chairman	O
of	O
the	O
House	O
Subcommittee	O
on	O
Telecommunications	O
and	O
the	O
Internet	O
,	O
and	O
Joe	O
Barton	O
,	O
a	O
ranking	O
member	O
of	O
the	O
House	O
Committee	O
on	O
Energy	O
and	O
Commerce	O
,	O
have	O
argued	O
that	O
such	O
services	O
must	O
be	O
opt-in	O
only	O
to	O
comply	O
with	O
the	O
provisions	O
laid	O
down	O
by	O
Section	O
631	O
of	O
the	O
US	O
Communications	O
Act	O
,	O
and	O
they	O
wrote	O
to	O
Charter	O
to	O
request	O
them	O
to	O
suspend	O
the	O
test	O
:	O
"	O
We	O
respectfully	O
request	O
that	O
you	O
do	O
not	O
move	O
forward	O
on	O
Charter	O
Communications	O
 '	O
proposed	O
venture	O
with	O
NebuAd	B-Application
until	O
we	O
have	O
an	O
opportunity	O
to	O
discuss	O
with	O
you	O
issues	O
raised	O
by	O
this	O
proposed	O
venture.	O
"	O
</s>
<s>
An	O
engineer	O
who	O
examined	O
the	O
system	O
confirmed	O
there	O
was	O
no	O
way	O
to	O
opt	O
out	O
of	O
NebuAd	B-Application
's	O
monitoring	O
.	O
</s>
<s>
All	O
inbound	O
and	O
outbound	O
information	O
was	O
intercepted	O
and	O
sent	O
to	O
NebuAd	B-Application
's	O
offsite	O
server	O
to	O
be	O
processed	O
.	O
</s>
<s>
Even	O
if	O
a	O
user	O
had	O
opted	O
out	O
of	O
the	O
service	O
,	O
it	O
did	O
not	O
prevent	O
the	O
ISP	O
from	O
sending	O
the	O
data	O
to	O
NebuAd	B-Application
.	O
</s>
<s>
A	O
report	O
by	O
Robert	O
M	O
.	O
Topolski	O
,	O
chief	O
technology	O
consultant	O
of	O
the	O
Free	O
Press	O
and	O
Public	O
Knowledge	O
,	O
showed	O
NebuAd	B-Application
's	O
devices	O
created	O
cookies	O
on	O
end-users	O
machines	O
by	O
injecting	O
a	O
specious	O
packet	O
into	O
the	O
end	O
of	O
the	O
data	O
stream	O
returned	O
in	O
response	O
to	O
some	O
web	O
page	O
requests	O
submitted	O
to	O
search	O
engines	O
,	O
including	O
Google	O
and	O
Yahoo	O
.	O
</s>
<s>
Critics	O
were	O
concerned	O
that	O
NebuAd	B-Application
superimposed	O
its	O
own	O
advertising	O
over	O
the	O
ads	O
of	O
other	O
advertisers	O
,	O
or	O
placing	O
additional	O
advertising	O
to	O
a	O
page	O
.	O
</s>
<s>
These	O
concerns	O
originated	O
o	O
the	O
NebuAd	B-Application
's	O
"	O
Fair	O
Eagle	O
"	O
operation	O
,	O
patent	O
application	O
data	O
which	O
mentioned	O
such	O
inventions	O
,	O
and	O
a	O
loose	O
relationship	O
to	O
Claria	O
Corporation	O
whose	O
products	O
and	O
history	O
suggest	O
such	O
tactics	O
,	O
as	O
well	O
as	O
by	O
the	O
following	O
:	O
</s>
<s>
In	O
2007	O
it	O
was	O
reported	O
that	O
Redmoon	O
,	O
a	O
Texas-based	O
ISP	O
was	O
using	O
a	O
NebuAd	B-Application
technology	O
to	O
inject	O
Redmoon	O
's	O
own	O
advertising	O
into	O
pages	O
visited	O
by	O
its	O
users	O
.	O
</s>
<s>
The	O
"	O
Fair	O
Eagle	O
"	O
advertisement	O
hardware	O
,	O
provided	O
by	O
NebuAd	B-Application
,	O
inserted	O
additional	O
advertising	O
alongside	O
the	O
content	O
of	O
web	O
pages	O
.	O
</s>
<s>
Some	O
senior	O
staff	O
members	O
of	O
NebuAd	B-Application
had	O
worked	O
previously	O
at	O
a	O
(	O
now	O
defunct	O
)	O
ad	O
company	O
,	O
named	O
Claria	O
Corporation	O
(	O
formerly	O
,	O
the	O
Gator	O
Corporation	O
)	O
,	O
which	O
was	O
well	O
known	O
for	O
ad	O
software	O
known	O
as	O
Gator	O
.	O
</s>
<s>
Both	O
Claria	O
and	O
NebuAd	B-Application
were	O
located	O
in	O
Redwood	O
City	O
,	O
California	O
.	O
</s>
<s>
The	O
June	O
2006	O
creation	O
of	O
nebuad.com	O
coincides	O
with	O
timing	O
of	O
Claria	O
's	O
decision	O
to	O
shut	O
down	O
the	O
Gator	O
service	O
.	O
</s>
<s>
NebuAd	B-Application
repeatedly	O
denied	O
any	O
corporate	O
connection	O
to	O
Claria	O
,	O
describing	O
its	O
hiring	O
of	O
Claria	O
employees	O
as	O
a	O
result	O
of	O
that	O
company	O
shedding	O
employees	O
in	O
a	O
tight	O
market	O
for	O
experienced	O
advertising	O
sales	O
staff	O
in	O
the	O
Valley	O
.	O
</s>
<s>
ISPs	O
that	O
tried	O
out	O
or	O
deployed	O
or	O
prepared	O
to	O
deploy	O
Nebuad	B-Application
included	O
the	O
following	O
:	O
</s>
<s>
related	O
to	O
the	O
class	O
action	O
notice	O
(	O
see	O
below	O
)	O
as	O
having	O
deployed	O
NebuAd	B-Application
hardware	O
:	O
</s>
<s>
All	O
ISPs	O
ended	O
or	O
suspended	O
their	O
relationship	O
with	O
NebuAd	B-Application
.	O
</s>
<s>
Charter	O
Communications	O
suspended	O
its	O
plans	O
to	O
test	O
NebuAd	B-Application
following	O
scrutiny	O
from	O
lawmakers	O
and	O
privacy	O
groups	O
.	O
</s>
<s>
An	O
Embarq	O
spokesperson	O
told	O
the	O
Associated	O
Press	O
that	O
it	O
ended	O
its	O
trial	O
with	O
NebuAd	B-Application
,	O
and	O
has	O
not	O
decided	O
whether	O
to	O
move	O
forward	O
with	O
Behavioral	O
Targeting	O
advertising	O
"	O
either	O
through	O
NebuAd	B-Application
or	O
with	O
any	O
other	O
vendor	O
"	O
.	O
</s>
<s>
CenturyTel	B-Application
,	O
one	O
of	O
the	O
earliest	O
known	O
ISPs	O
to	O
test	O
NebuAd	B-Application
,	O
notified	O
customers	O
in	O
late	O
May	O
2008	O
that	O
it	O
was	O
deploying	O
the	O
hardware	O
,	O
only	O
to	O
pull	O
out	O
of	O
the	O
deal	O
alongside	O
of	O
Charter	O
a	O
month	O
later	O
.	O
</s>
<s>
Bresnan	O
Communications	O
used	O
the	O
NebuAd	B-Application
technology	O
.	O
</s>
<s>
Following	O
the	O
announcements	O
by	O
Charter	O
,	O
Embarq	O
,	O
and	O
CenturyTel	B-Application
that	O
they	O
would	O
no	O
longer	O
use	O
NebuAd	B-Application
on	O
their	O
networks	O
,	O
Bresnan	O
told	O
a	O
blogger	O
that	O
their	O
NebuAd	B-Application
trial	O
had	O
ended	O
and	O
they	O
would	O
comply	O
with	O
whatever	O
regulatory	O
model	O
emerges	O
from	O
the	O
current	O
debate	O
.	O
</s>
<s>
Web	B-Protocol
cache	I-Protocol
evidence	O
indicated	O
that	O
Blackfoot	O
Telecommunications	O
Group	O
,	O
Inc	O
.	O
of	O
Missoula	O
,	O
Montana	O
appeared	O
to	O
have	O
tried	O
NebuAd	B-Application
between	O
March	O
and	O
May	O
2008	O
.	O
</s>
<s>
Blackfoot	O
's	O
Mary	O
Worden	O
later	O
explained	O
,	O
"	O
Blackfoot	O
tested	O
NebuAd	B-Application
on	O
its	O
internal	O
corporate	O
network	O
,	O
with	O
employees	O
only	O
and	O
not	O
with	O
its	O
customers	O
,	O
in	O
March	O
2008	O
,	O
but	O
had	O
similar	O
concerns	O
to	O
those	O
raised	O
by	O
consumer	O
groups	O
and	O
elected	O
not	O
to	O
launch	O
the	O
service.	O
"	O
</s>
<s>
Nexicom	O
,	O
serving	O
Central	O
Ontario	O
and	O
the	O
Kawarthas	O
,	O
Canada	O
,	O
notified	O
users	O
via	O
its	O
Privacy	O
Policy	O
page	O
that	O
it	O
was	O
using	O
NebuAd	B-Application
as	O
of	O
April	O
23	O
,	O
2008	O
.	O
</s>
<s>
Following	O
a	O
question	O
to	O
users	O
on	O
a	O
public	O
forum	O
,	O
Nexicom	O
's	O
Paul	O
Stewart	O
replied	O
,	O
"	O
Nexicom	O
was	O
investigating	O
using	O
the	O
NebuAd	B-Application
service	O
.	O
</s>
<s>
References	O
to	O
NebuAd	B-Application
in	O
Nexicom	O
's	O
Privacy	O
Policy	O
has	O
been	O
removed.	O
"	O
</s>
<s>
Wide	O
Open	O
West	O
(	O
WOW	O
)	O
completed	O
suspension	O
of	O
NebuAd	B-Application
services	O
on	O
July	O
9	O
.	O
</s>
<s>
Internet	O
-	O
Cable	O
-	O
Phone	O
is	O
suspending	O
its	O
deployment	O
of	O
NebuAd	B-Application
services	O
to	O
our	O
subscribers	O
at	O
this	O
time	O
.	O
</s>
<s>
Knology	O
reported	O
to	O
the	O
United	O
States	O
House	O
Committee	O
on	O
Energy	O
and	O
Commerce	O
that	O
it	O
discontinued	O
a	O
trial	O
of	O
NebuAd	B-Application
in	O
all	O
markets	O
as	O
of	O
July	O
14	O
,	O
2008	O
.	O
</s>
<s>
Unbeknownst	O
to	O
its	O
users	O
,	O
Cable	O
One	O
conducted	O
NebuAd	B-Application
tests	O
on	O
14,000	O
customers	O
in	O
Alabama	O
for	O
six	O
months	O
beginning	O
in	O
November	O
2007	O
.	O
</s>
<s>
NebuAd	B-Application
was	O
closed	O
down	O
in	O
the	O
UK	O
in	O
August	O
2008	O
and	O
in	O
the	O
US	O
in	O
May	O
2009	O
.	O
</s>
<s>
A	O
proposed	O
settlement	O
for	O
a	O
class-action	O
lawsuit	O
against	O
NebuAd	B-Application
was	O
underway	O
in	O
October	O
2011	O
.	O
</s>
<s>
Under	O
the	O
terms	O
of	O
the	O
proposed	O
settlement	O
,	O
NebuAd	B-Application
would	O
create	O
a	O
settlement	O
fund	O
of	O
approximately	O
$2	O
,	O
410	O
,	O
000	O
,	O
to	O
be	O
used	O
for	O
administration	O
of	O
the	O
settlement	O
,	O
covering	O
legal	O
fees	O
,	O
an	O
incentive	O
award	O
of	O
$	O
5,000	O
to	O
the	O
individual	O
who	O
brought	O
the	O
complaint	O
,	O
providing	O
up	O
to	O
$1000	O
for	O
other	O
named	O
representatives	O
,	O
with	O
most	O
of	O
the	O
money	O
going	O
to	O
support	O
non-profits	O
providing	O
consumer	O
education	O
and	O
privacy	O
research	O
.	O
</s>
