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

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Show More