How This Briefing Works
This report opens with key findings, then maps the gaps between what Contanuity discloses and what BLACKOUT observed at runtime. From there: what it means for your organization, what to do about it, and the detection data and evidence underneath.
Key Findings
Pre-Consent Activity
Contanuity was observed loading and executing before user consent was obtained on 33% of sites where it was detected.
Claims vs. Observed Behavior
consent
“Pending claims extraction via CDT”
Session recording, identity resolution, behavioral biometrics, tag manager, and consent bypass detected—MAXIMUM surveillance profile
disclosure
“Pending privacy policy review”
Session recording observed—EXPLICIT disclosure required to avoid wiretapping liability
legal
“Pending wiretapping law review”
Session recording creates state law exposure—requires legal analysis in all operating jurisdictions
What This Means For You
What To Do About It
Role-specific actions based on observed behavior
If You Use Contanuity
- →IMMEDIATE: Conduct legal review of state wiretapping laws before ANY session recording deployment
- →Verify explicit session recording disclosure exists in privacy policy with prominent user notification
- →Implement strict consent-gating requiring explicit opt-in BEFORE session recording starts
- →Configure aggressive PII masking for ALL form inputs, authentication flows, and payment data
- →Disable identity resolution features—use session-based analytics only without cross-visit linking
- →Deploy IP address anonymization and geolocation masking to prevent visitor identification
- →Enable data minimization controls with maximum 7-day retention and automated deletion
- →Conduct weekly audits of recorded sessions to verify no sensitive data capture occurred
- →Deploy prominent on-page disclosure when session recording is active (e.g., banner notification)
- →Train compliance team on session replay risks and wiretapping liability
- →Consider complete removal if use case does not justify maximum legal exposure
If You're Evaluating Contanuity
- →Request DPA with explicit indemnification for wiretapping liability and GDPR fines arising from session recording
- →Require technical documentation on PII masking capabilities and verification procedures
- →Verify Contanuity honors consent withdrawal with immediate recording cessation and historical data deletion
- →Demand contractual prohibition on using customer session recordings for Contanuity's own UX benchmarking products
- →Assess alternative analytics platforms without session recording (heatmaps, aggregated metrics only)
- →Require technical audit of Contanuity deployment to verify identity resolution and cross-session tracking are disabled
- →Negotiate maximum 7-day retention for session recordings with cryptographic deletion verification and right to audit
- →Request documentation on subprocessor access to session recordings and geographic data storage locations
Negotiation Leverage
- →Contanuity session recording (BTI-C07) creates MAXIMUM wiretapping liability—require contractual indemnification for state law violations and GDPR fines BEFORE deployment
- →Identity resolution (BTI-C14) linking sessions creates unauthorized long-term surveillance—demand technical controls preventing cross-session tracking OR explicit user opt-in for each recorded session
- →Consent bypass (BTI-C09) with session recording active creates automatic legal violations—require technical implementation preventing ANY recording before explicit consent with prominent disclosure
- →Behavioral biometrics (BTI-C06) during recording enables fingerprinting—demand contractual prohibition on using biometric data for visitor identification beyond session context
- →Tag manager (BTI-C15) enables undisclosed script injection—require contractual restrictions preventing any tags beyond core session replay functionality
- →Request documentation on PII masking methodology and verification—demand technical proof that payment data, credentials, and sensitive form inputs are NEVER recorded
- →Negotiate maximum 7-day retention with automated deletion, cryptographic verification, and right to immediate purge upon user request or consent withdrawal
- →Demand prohibition on using customer session recordings for Contanuity's cross-customer UX insights, ML training, or behavioral benchmarking
- →Require real-time user notification when session recording is active (banner, icon, or modal) with opt-out mechanism on every page
- →Request legal opinion from Contanuity counsel on wiretapping compliance in all customer operating jurisdictions
Runtime Detections
BLACKOUT observed this vendor's JavaScript executing in a live browser and classified each hostile behavior using our BTI-C (Behavioral Threat Intelligence — Capability) taxonomy. These are not theoretical risks — each code below was triggered by something we watched this vendor's code actually do.
Keystroke/mouse tracking
Impact: Captures mouse movements, scroll patterns, keystroke dynamics, and interaction timing during session recording to enable detailed behavioral analysis and user fingerprinting.
Full session replay
Impact: Records complete user sessions including form fills, authentication flows, search queries, and on-page behavior—creating maximum risk of capturing sensitive data without consent.
Ignoring CMP signals
Impact: Initializes session recording infrastructure before consent collection, creating automatic legal violations and wiretapping liability across all recorded sessions.
PII deanonymization
Impact: Links session recordings across visits and devices to build unified user profiles, enabling long-term behavioral surveillance without explicit consent for cross-session tracking.
Container/loader (neutral)
Impact: Deploys tag management infrastructure that can dynamically inject additional analytics scripts beyond session replay functionality.
IOC Manifest
Indicators of compromise across 4 categories. Use for detection rules, CSP policies, or Pi-hole blocklists.
Ecosystem & Supply Chain
Evidence Artifacts
Artifacts collected during analysis, available with evidence-tier access.
Complete network capture with all requests and responses
119 detection signatures across scripts, domains, cookies, and network endpoints