Traffic Tracking Leads to Legal Woes

LOS ANGELES — Behaviorally targeted advertising is taking a blow from privacy advocates, with a series of lawsuits against top companies tracking surfers persistently.

According to a report in Wired, researchers at U.C. Berkeley have revealed a range of highly popular websites that are employing an advanced visitor tracking service that can’t be blocked,  “even when users block cookies, turn off storage in Flash, or use browsers’ ‘incognito’ functions.”

Wired says that the service, known as KISSmetrics, boasts of more accurate and comprehensive tracking than is done by its competitors, including Google Analytics, “tracking the number of visitors, what the visitors do on the site, and where they come to the site from.”

The company reportedly did this through a number of technologies, including the use of ETags and deleted cookie reconstitution, following visitors across multiple domains.

Similar to fingerprints, the ETag, or entity tag, is according to Wikipedia, “one of several mechanisms that HTTP provides for cache validation, and which allows a client to make conditional requests. This allows caches to be more efficient, and saves bandwidth, as a web server does not need to send a full response if the content has not changed.”

Optimistic concurrency control is another cited benefit of ETags, as they prevent simultaneous updates of a single resource from overwriting each other — such as when several parties are working on the same document, or website design, at the same time.

But according to a pair of California residents, they can also be abused as a form of website visitor tracking, which unlike cookie-based systems, is not normally “flushed” or blocked and therefore poses a privacy concern — while violating federal wiretapping and California laws.

The latest suit, by John Kim and Dan Schutzman, which targets KISSmetrics and 25 alleged client companies including GigaOm, iVillage and Spotify, claims that the pair “expected their browser controls to block or delete cookies, preventing them from being tracked online, profiled, and served behaviorally targeted advertisements.”

The action follows a separate suit filed last week against KISSmetrics and Hulu, contending that the companies allegedly violated federal and state laws through their use of ETag tracking technology; a technology which KISSmetrics has distanced itself from.

KISSmetrics CEO Hiten Shah responded to the suits and the allegations surrounding the company’s data collection practices in a written statement, claiming that KISSmetrics “has never shared any information about a user with any third party [and] does not track users across different websites, nor do we have the ability to do so.”

Hoping to eliminate concerns over its business practices, KISSmetrics clarified that it only uses first-party cookies for tracking, does not use ETags or other persistent cookies or objects for tracking purposes and has added stringent support for the “Do Not Track” header, along with a consumer-level opt-out for those who wish to be entirely removed from all KISSmetrics tracking.

While these cases have just begun, their message is clear: the use of unauthorized, persistent cookies or other objects intended to mitigate cache clearing and browser-enacted privacy restrictions, particularly without disclosure, may be a risky way to go.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Show More