Law to Prevent Behavioral Advertising on the Internet?

Law.com has the story here:

Ever wonder what happens to the data generated from all that Internet surfing and all those searches conducted through search engines such as Yahoo, Google and Ask.com? Is the data destroyed after logging off? Is it kept? For how long? Is it used and, if so, how and by whom?

An increasing number of Americans have recently become aware that much of this data is indeed being kept and used to target advertising to them in a more precise manner, based on their interests as evidenced in their surfing and search activities -- a practice known generally as behavioral advertising. But is this lawful? If so, is it appropriate?

New York Assemblyman Richard Brodsky, a Democrat who represents much of Westchester County, feels this type of advertising should not be permitted unless consumers give their permission: "Should these companies be able to sell or use what's essentially private data without permission? The easy answer is absolutely not."[FOOTNOTE 1] ...

And if the use of footnotes in the story bugs you, you'll love this.  [JJ]