Read Steve Gibson here: https://grc.com/x/news.exe?cmd=article&group=grc.news&item=333&utag= Some quotes: [hr] Gang, The wheels of justice turn quite slowly. But they do keep grinding away. Believe it or not, the class action against Netscape, which resulted from my exposure and publicising of the privacy breaching nature of Real Network's RealDownload and Netscape's SmartDownload utilities ... is still moving forward. Yesterday I received a copy of yesterday's decision, handed down by the Second Circuit US Court of Appeals, regarding the applicability of Netscape's web-site based "click wrap" license which states, among other things, that any dispute will be subject to arbitration rather than trial. Naturally, the attorneys who are investing their time and energy in pursuing this legal action on behalf of the class, need to know that there's the chance for a possibly significant upside. The Second Circuit court upheld the lower court's findings that, for several reasons, Netscape's "click wrap" license claims are invalid. The plaintiff's allegations that Netscape/AOL's SmartDownload program was deliberately spying upon them by secretly transmitting private information about their downloading of files from the Internet, thereby effecting electronic surveillance of their online activities in violation of two federal statutes -- the Electronic Communications Privacy Act, 18 U.S.C pp 2510, and the Computer Fraud and Abuse Act, 18 U.S.C pp 1030 -- will now have the chance to be tested by our courts. [hr] Read further at the above mentioned link.