ISP admits secret web snooping in Kansas

Embarq Internet service provider Embarq eavesdropped on the web surfing habits of 26,000 customers in Kansas without notifying them personally, as part of its test of new, controversial advertising technology that profiles users, the company told federal lawmakers on July 23. Embarq, an offshoot from Sprint, tested the service in Gardner, Kansas, saying it was their smallest facility. The secret test ended earlier this year, though no dates were given for when it started or stopped. The letter also disclosed that 15 people from the region opted out, even though the company didn't notify the affected subscribers that the technology was being tested -- it just added a paragraph to its privacy policy. Telecom subcommittee head Reps. Edward Markey (D-MA), watchdog groups and law professors have questioned whether the technology violates federal privacy laws, including the wiretapping statute. "While I am pleased that Embarq chose to answer our specific questions in their second letter, I am still troubled by the company's failure to directly inform their consumers of the consumer data gathering test and the notion that an 'opt-out' option is a sufficient standard for such sweeping data gathering," Markey said. The letter comes just two days after the company attempted in another letter to justify, rather than explain, the trial to powerful House Commerce members, who have already shown they are highly dubious of any ISP's plan to monitor its customers' web usage for profit. According to one congressional aide, the follow-up letter came after staff made it clear the first letter didn't suffice. The three have already forced Charter Communications to cancel its proposed trial of ISP eavesdropping technology from a NebuAd, the same company that powered Embarq's secret test. NebuAd pays ISPs to let it monitor user's web surfing and searching in order to classify their interests. Those profiles are then used to deliver targeted ads when the users visit NebuAd partner sites. Subscribers must choose to opt-out with each browser they use, though NebuAd won't explain how the opt-out works.